Due to a family crisis, my foreign fiance must return to Mexico. We won't be able to have a quick civil ceremony.
I filed for a K1 for her in February 2006, and cancelled it (cold feet).
Then I applied for a K1 for her in October 2006. I sent in a waiver just to be sure, and my fiance received the VISA.
According to IMBRA rules, I'm unsure if I need to wait until February 2008 to file for a K1 for her again. I'm trying to follow the 2 year rule, but I'm confused.
I'm considering getting married to her in Mexico, and then filling for a K3. I understand it would take 4-6 months for her to return to the US going this route.
Now, if I were 100% certain they would approve the waiver, I'm certain a third K1 would be my best choice.
What would some of you suggest? Reapply for the K1 again or avoid IMBRA and file for a K3?
Thanks
Full Version: K1 Fiance must return to Mexico. K1 again?
SEE Duplicate post. http://www.visajourney.com/forums/index.php?showtopic=67755
The consulate can re-issue your K-1 visa with validity ending at the end of the current 90 day period on your I-94.
The consulate can re-issue your K-1 visa with validity ending at the end of the current 90 day period on your I-94.
QUOTE
9 FAM 41.81 N6.3 Reissuance of K-1 Visa (TL:VISA-2; 08-30-1987)
If a K-1 visa, valid for a single entry and a six-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.
http://foia.state.gov/searchRegs/vv_docVie...QueryText=k%2D1If a K-1 visa, valid for a single entry and a six-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.
Emeka,
Getting married and going for a K3 will not avoid IMBRA. Getting married and going for an immigrant visa will.
Yodrak
Getting married and going for a K3 will not avoid IMBRA. Getting married and going for an immigrant visa will.
Yodrak
QUOTE(Emeka13 @ May 10 2007, 02:13 PM) 
Due to a family crisis, my foreign fiance must return to Mexico. We won't be able to have a quick civil ceremony.
I filed for a K1 for her in February 2006, and cancelled it (cold feet).
Then I applied for a K1 for her in October 2006. I sent in a waiver just to be sure, and my fiance received the VISA.
According to IMBRA rules, I'm unsure if I need to wait until February 2008 to file for a K1 for her again. I'm trying to follow the 2 year rule, but I'm confused.
I'm considering getting married to her in Mexico, and then filling for a K3. I understand it would take 4-6 months for her to return to the US going this route.
Now, if I were 100% certain they would approve the waiver, I'm certain a third K1 would be my best choice.
What would some of you suggest? Reapply for the K1 again or avoid IMBRA and file for a K3?
Thanks
I filed for a K1 for her in February 2006, and cancelled it (cold feet).
Then I applied for a K1 for her in October 2006. I sent in a waiver just to be sure, and my fiance received the VISA.
According to IMBRA rules, I'm unsure if I need to wait until February 2008 to file for a K1 for her again. I'm trying to follow the 2 year rule, but I'm confused.
I'm considering getting married to her in Mexico, and then filling for a K3. I understand it would take 4-6 months for her to return to the US going this route.
Now, if I were 100% certain they would approve the waiver, I'm certain a third K1 would be my best choice.
What would some of you suggest? Reapply for the K1 again or avoid IMBRA and file for a K3?
Thanks
Going for a K-3 will in fact avoid the IMBRA multiple petition filings clause.... All other components of IMBRA remain in effect.
The IMBRA limitations only apply to a new fiancee. There are no limits on applying for a K-1 for the SAME fiancee. Of course do it enough and that may raise some questions.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.