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i129f question after applying for i130f

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Hello,

I was engaged to a girl 2 years back from the mother land who I applied i129f and then withdrew it after 2 weeks of applying. After I realized that she was not the one for me as she was very over protective and a bit psychotic. Then 2 years past and at the end of 2014 I got married to another girl who I applied i130 for and a month after applying I found out the girl has major anxiety disorder and gets panic attacks. We both came to a mutual decision and applied for divorce and also withdrew the i130 petition about 2 weeks after applying.

Now that I have failed badly, I have decided to go the safe route and decided to get married to a girl who is from within my family, who we have long family terms with. She has been really supportive, loving, caring throughout the whole divorce process to a point I'm in love with her. We have now been talking for 4 months and things have never been this good and they are only getting better. She attended my wedding in 2014 so now I want to not waste time and apply for i129f as soon as divorce is finalized within the next 10 days. I cannot visit my country back home as the conditions are very unsafe there for US citizens.

How can I proceed with application of i129f without having to go out there? How will USCIS actually look upon this issue?

Any help would be highly appreciated!

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India is unsafe?

As an aside how would anyone know you are a USC?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Do you have any pictures together besides her being a guest at your wedding? Any other proof that you've seen each other within 2 years of filing?


My K1 timeline (4 months/NO expedites): http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

My AOS timeline (10 months):

08/16/2014 - Sent in AOS package

08/18/2014 - Delivered per USPS website

08/22/2014 - Text of receipt numbers received

08/27/2014 - NOA hard copies received (dated 08/19 and 08/21)

08/29/2014 - Notice date of Biometrics letter

09/11/2014 - Received Biometrics appointment letter

09/18/2014 - Biometrics completed at USCIS Raleigh, North Carolina

11/08/2014 - EAD / Travel Document approved and went to card production

11/19/2014 - Received EAD/AP combo card (dated 11/14/2014)

12/16/2014 - Received Notice of Potential Interview Waiver letter dated 12/11/14

06/24/2015 - AOS approved! Card picked up by USPS KY for delivery

06/26/2015 - Received green card by mail (Yay I can rest for 2 years!)

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How close is she to you - you say she is in your family.

The US doesn't like family members getting married (even first, second, third cousins).

This is your third petition now - don't you want to make sure you are both compatibable first? Go and visit her.

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check this out first

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

Mandatory Tracking IMBRA requires USCIS to track repeated petitions for K visas. Upon approval of a second petition for a K-1 or K-3 visa filed by the same U.S. citizen petitioner, USCIS must notify the petitioner that information concerning the petitioner has been entered into a multiple visa petition tracking database. Once a petitioner has two petitions for a K-1 or K-3 visa approved, if he or she files a third petition less than ten years after the date the first petition was filed, USCIS must notify both the petitioner and the beneficiary of the number of previously approved fiancé(e) or spousal petitions. The numerical limitation and waiver provisions described in Section II, paragraph B of this memorandum, however, only apply to individuals filing a petition on behalf of a fiancé(e) (seeking a K-1 visa). Guidance regarding these notification requirements will be issued separately.


USCIS

01/23/2015 I-130 Sent

01/26/2015 NOA1

05/28/2015 NOA2

NVC

06/10/2015 NVC Received
06/25/2015 Received DS-261 / AOS Bill
07/06/2015 Submitted DS-261
07/08/2015 Paid AOS Bill
07/26/2015 Submitted IV Bill
07/27/2015 Paid IV Bill
09/15/2015 Send AOS/IV Package
10/21/2015 NVC CC
12/01/2015 Interview - Approved (12/03/2015 Visa in hand)
03/11/2016 POE Chicago

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Hello,

Now that I have failed badly, I have decided to go the safe route and decided to get married to a girl who is from within my family, who we have long family terms with. She has been really supportive, loving, caring throughout the whole divorce process to a point I'm in love with her. We have now been talking for 4 months and things have never been this good and they are only getting better. She attended my wedding in 2014 so now I want to not waste time and apply for i129f as soon as divorce is finalized within the next 10 days. I cannot visit my country back home as the conditions are very unsafe there for US citizens.

How can I proceed with application of i129f without having to go out there? How will USCIS actually look upon this issue?

Any help would be highly appreciated!

I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!


March 20, 2018 = Biometrics Appt  (i797-C, Notice of Action .. noa1?)

January 30, 2018 = Received I-757 NOA for i-751 petition

January 26, 2018 = Mailed I-751 Removal of Conditions to Vermont Service Center

March 30, 2016 = AOS Approved on the same day!!! YES THANK YOU JESUS!!

March 30, 2016 = Adjustment of Status interview..

December 3, 2015 = Employment Auth & Travel Permit Approved

September 24, 2015 = Filed for Adjustment of Status, Employment Auth, Travel Permit

August 27, 2015 = Married !!!!!!!

July 16, 2015 = CEAC status ISSUED!!! :) OH YES BABY!!! Flight Book to NYC on August 8!!!

July 2, 2015 = Returned to Embassy for fingerprints and brought Passport and 221G documents -- PASSED!!

June 21, 2015 = K-1 Interview .. issued a 221G and was told to come back to do fingerprints

June 16, 2015 = Interview Date from Riyadh Embassy!!! :D Received Packet 4

March 22, 2015 = Readyness Documents Delivered!! yay!

March 18, 2015 = Readyness Documents mailed to Riyadh Embassy.

March 17, 2015 = Visa MRV Fee Shows up on ustraveldocs.com/sa/ (Last step for the K-1 Packet!!)

March 14, 2015 = Visa MRV Fee Paid (1,0007 sar)

March 05, 2015 = K-1 Required Documents (Affidavit of Support, etc) received by fiancee in Riyadh!!! (that quick?! WOW!)

March 02, 2015 = Mailed K-1 Required Documents (Affidavit of Support, etc) to Riyadh via FedEx

February 20, 2015 = NVC Approval Letter Received! (lol a week after Riyadh Embassy contacted us)

= Riyadh Embassy EMAILS the "Packet 3" notification :) game on! and yes, they reference your Case #

February 16, 2015 = Case # Received from RIYADH EMBASSY!! Yup! Didn't call NVC or hear anything but damn that FAST!

February 06, 2015 = NVC received I-129F package (called them, no case # yet)

January 30, 2015 = Hardcopy of NOA2 received

January 30, 2015 = USCIS Status Change! Application Mailed to Visa Center. (so it took a week for TSC to mail it to NVC)

January 23, 2015 = NOA 2 Case Approval by USCIS Website and Email!!!!!

December 24, 2014 = Hardcopy NOA1 received

December 22, 2014 = NOA 1 Receipt TSC (NO!! not the hellhole that is TSC) :(

December 18, 2014 = I-129F submitted

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I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!

Just like for same-sex marriages, you can get married in a state that allows it. It is not about what state you reside in. You would just need to make it clear that you intend to marry in a state that would legally allow the marriage.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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To my European mindset, this seems very, very strange - but different cultures do different things, so...on the factual side:

You WILL be under a lot more scrutiny with your 3rd petition within 2 years (!) at USCIS. If you do file, include all evidence of previous filings and explain the situation well. Read up on IMBRA regulations.

Ensure you fulfill requirements for K1. Free and legal to marry is one. Having met within 2 years IN PERSON is the other. Submit evidence of that. This requirement will not be waived.

Ensure, the US allows you to marry - that's the relatedness bit. If you are related to closely, you cannot marry under Western laws. The I-129F forms have a tickbox for whether you two are related....

Edited by TabeaK

K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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Just like for same-sex marriages, you can get married in a state that allows it. It is not about what state you reside in. You would just need to make it clear that you intend to marry in a state that would legally allow the marriage.

..it's not the same for cousins and same sex marriages then

for cousins: THE STATE YOU RESIDE IN MUST ALLOW IT..

ie: you cannot marry in NYC, go back home to Texas (example, not sure if they allow cousins or not)

your petition is dead on arrival if you live in a state that does not permit cousins to legally marry


March 20, 2018 = Biometrics Appt  (i797-C, Notice of Action .. noa1?)

January 30, 2018 = Received I-757 NOA for i-751 petition

January 26, 2018 = Mailed I-751 Removal of Conditions to Vermont Service Center

March 30, 2016 = AOS Approved on the same day!!! YES THANK YOU JESUS!!

March 30, 2016 = Adjustment of Status interview..

December 3, 2015 = Employment Auth & Travel Permit Approved

September 24, 2015 = Filed for Adjustment of Status, Employment Auth, Travel Permit

August 27, 2015 = Married !!!!!!!

July 16, 2015 = CEAC status ISSUED!!! :) OH YES BABY!!! Flight Book to NYC on August 8!!!

July 2, 2015 = Returned to Embassy for fingerprints and brought Passport and 221G documents -- PASSED!!

June 21, 2015 = K-1 Interview .. issued a 221G and was told to come back to do fingerprints

June 16, 2015 = Interview Date from Riyadh Embassy!!! :D Received Packet 4

March 22, 2015 = Readyness Documents Delivered!! yay!

March 18, 2015 = Readyness Documents mailed to Riyadh Embassy.

March 17, 2015 = Visa MRV Fee Shows up on ustraveldocs.com/sa/ (Last step for the K-1 Packet!!)

March 14, 2015 = Visa MRV Fee Paid (1,0007 sar)

March 05, 2015 = K-1 Required Documents (Affidavit of Support, etc) received by fiancee in Riyadh!!! (that quick?! WOW!)

March 02, 2015 = Mailed K-1 Required Documents (Affidavit of Support, etc) to Riyadh via FedEx

February 20, 2015 = NVC Approval Letter Received! (lol a week after Riyadh Embassy contacted us)

= Riyadh Embassy EMAILS the "Packet 3" notification :) game on! and yes, they reference your Case #

February 16, 2015 = Case # Received from RIYADH EMBASSY!! Yup! Didn't call NVC or hear anything but damn that FAST!

February 06, 2015 = NVC received I-129F package (called them, no case # yet)

January 30, 2015 = Hardcopy of NOA2 received

January 30, 2015 = USCIS Status Change! Application Mailed to Visa Center. (so it took a week for TSC to mail it to NVC)

January 23, 2015 = NOA 2 Case Approval by USCIS Website and Email!!!!!

December 24, 2014 = Hardcopy NOA1 received

December 22, 2014 = NOA 1 Receipt TSC (NO!! not the hellhole that is TSC) :(

December 18, 2014 = I-129F submitted

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..it's not the same for cousins and same sex marriages then

for cousins: THE STATE YOU RESIDE IN MUST ALLOW IT..

ie: you cannot marry in NYC, go back home to Texas (example, not sure if they allow cousins or not)

your petition is dead on arrival if you live in a state that does not permit cousins to legally marry

This is not so. Not all petitions get denied for this. Some even need to prove they will marry in a state that allows it at the DoS level for the K-1 visa interview.

Here are a few cases I could easily find quickly. You can search for more. If you look at their timelines, you will see they got their visas approved.

http://www.visajourney.com/forums/topic/476156-marriage-between-first-cousins/

http://www.visajourney.com/forums/topic/113103-k1-visa-on-hold-as-texas-does-not-allow-first-cousin-marriage-what-to-do/

http://www.visajourney.com/forums/topic/102707-marrying-first-cousin/


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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She is actually my first cousin's cousin. As her mom is related to my first cousin's dad.

Not sure if that is a close within family according to the US.

I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!


We have no pictures besides the consistent nonstop whatsapp messages and skype calls from 5 months now.

Do you have any pictures together besides her being a guest at your wedding? Any other proof that you've seen each other within 2 years of filing?

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Her parents don't really allow any sort of dating prior to marriage as the old school indian culture. One could never be sure about a woman, but for past 5 months that we been constantly talking to eachother. It has been wonderful and gotten better as time went.

How close is she to you - you say she is in your family.

The US doesn't like family members getting married (even first, second, third cousins).

This is your third petition now - don't you want to make sure you are both compatibable first? Go and visit her.

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We met at my wedding end of 2014. That qualifies for me having met her in past 2 years. Am I correct?

To my European mindset, this seems very, very strange - but different cultures do different things, so...on the factual side:

You WILL be under a lot more scrutiny with your 3rd petition within 2 years (!) at USCIS. If you do file, include all evidence of previous filings and explain the situation well. Read up on IMBRA regulations.

Ensure you fulfill requirements for K1. Free and legal to marry is one. Having met within 2 years IN PERSON is the other. Submit evidence of that. This requirement will not be waived.

Ensure, the US allows you to marry - that's the relatedness bit. If you are related to closely, you cannot marry under Western laws. The I-129F forms have a tickbox for whether you two are related....

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I live in NJ so I think they allow it even though she's not my cousin. She is actually my first cousin's cousin because my first cousin's dad and her cousin's mother are brothers and sisters in relation. I don't think we are directly related but we know them since I was a baby so we are in good family terms.

I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!

Edited by ugh

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To be honest, I don't even have an understanding of what a first cousins' cousin is. I would not class that as related.

So you have met (can provide physical evidence?), once you are divorced you'd be free to marry and you are not closely related. Last stumbling block are the IMBRA regs and/or multiple filing. Can't help you with that, but there is a dedicated subforum on here for you to check out.


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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