Multiple filer

[Mayi & MiMi 172]

Filing Limitations on K Non-immigrant Petitioners: If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with the I-129f petition accompanied by documentation of your claim to the waiver. If you have committed a violent offense against a person or persons, the USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. 

 

Hello VJers, quick question.  I have a friend who has a question,  

 

She married a man (2008) and filed a I-130 (in 2009) for him and it was approved. Marriage ended in 2013. 

 

2nd marriage was a K1 (married 2014) which that relationship ended in divorce (2017)

 

Would filing another K1 require a waiver.  Relationship started in 2015 after separating with her husband.

 

Both were filed as irreconcilable differences

 

I understand that there may be some negative comments, but I am just looking to know the answer.  This has already been a roller coaster of a ride for her.  FYI  she still has a good friendship with the exes

[Mayi & MiMi 172]

forgot to add that the K1 was filed in 2013 with 2nd husband

Edited August 21, 2017 by Mayi & MiMi

[Coco8 1,039]

Having good relationships with exes does not matter. She sponsored 2 people and now is thinking to get a 3rd!!!

 

She might not need the waiver because 4 years have past since 2013. However, she will have a hard time sponsoring another K1. They will need a lot of evidence. 

 

She might be better off moving to the other country, living for a while there, and marrying. Then doing a spousal visa. 

 

Keep in mind that she has 2 years of evidence in this relationship but she was technically married to the other guy she sponsored a K1 for. She was married to that guy roughly a year. 

 

She also has no time between marriages. That is not a visa issue but another one. 

[Mayi & MiMi 172]

Thanks ! Seriously need to let her know

 

[f f 725]

slow down and get to know each other more. uscis will want to see that she has an actual relationship that has lasted some time. depending on ages and the countries of the immigrant they may also suspect she is being paid to bring them to the us so relationship advice is important.

[Mayi & MiMi 172]

Well they knew each other from 2009 and she has been to see him twice  They talk everyday and both families interact with one another. 

[Boiler 43,433]

Which consulates are involved.

[Mayi & MiMi 172]

Casablanca like myself

[Boiler 43,433]

Known for its high fraud, could be tricky, I agree with the others, best for her to move this time.

[Mayi & MiMi 172]

Yes I agree with high fraud however seeing that they first met years ago and have begun a relationship after being separated from her 2nd husband. I must add that the divorce from the 2nd husband was immediate but due to multiple issues with the papers and him defaulting the divorce the divorce was finally approved in June. The 2nd husband knows about the relationship and has told her that he just wants her to be happy and vice versa. Apparently he really was not totally honest about some things which caused a part of the marriage to fail.  

 

Boiler I know that you are very wise and have chimed in a lot of the discussions so listening to you is definitely knowledge. If you knew more about the circumstances in both marriages it may help however I understand that being a multiple filer could cause concern but she definitely has a lot of evidence to back her up including the arguments via email with 2nd husband and her pleas to him to get right or kick rocks. 

 

So so the question is first husband was a i130 and second was a k1 do you think filing a waiver would help. According to the multiple filer posters it says if you have filed 2 or more K1s. She has only filed the above. Your input please

[RJandHamid 1,128]

I agree with the other posts in that it is probably in her best interest to spend some time in Morocco, get married and file a spousal visa. 

 

Were the previous marriages also with Moroccans? I'm asking because Casablanca, already being a difficult consulate, could see that as a huge red flag. Not to mention if there is any age difference involved, that would make things even more complicated, as that is something they strongly look into and base the interview on. 

 

With that being said, I don't think she would need a waiver to file another K-1, since she technically only has filed for 1 in the past (the 2nd marriage) and it was not filed within the past 2 years. 

[Boiler 43,433]

2 minutes ago, RJandHamid said:

I agree with the other posts in that it is probably in her best interest to spend some time in Morocco, get married and file a spousal visa. 

 

Were the previous marriages also with Moroccans? I'm asking because Casablanca, already being a difficult consulate, could see that as a huge red flag. Not to mention if there is any age difference involved, that would make things even more complicated, as that is something they strongly look into and base the interview on. 

 

With that being said, I don't think she would need a waiver to file another K-1, since she technically only has filed for 1 in the past (the 2nd marriage) and it was not filed within the past 2 years. 

Seems they were all through Casablanca, I am sure many here are scratching their heads and the Consulate will see more odd cases than we do.

 

I agree time helps.

[EandH0904 1,184]

We went through Casablanca and did not get a visa, without any of those issues. They will likely ask you about why you were talking to a married woman (They won't care if she was separated) and agree with filing too fast after getting divorced. Morocco is difficult on its own with two meetings. 

 

I'd also suggest getting married and doing spousal visa but even then she's barely been divorced. Maybe spend more time together and get married next year sometime 

[Mayi & MiMi 172]

At RJ

 

No the other two were not Moroccans but they were from surrounding countries. She feels bad that she is going to be judged but she mad bad decisions and all she is doing is looking to end the cycle. In both marriages she noticed the changes as soon as they arrived in the US but she tried to make it work. The first husband was talking to other women and the second husband did not like the fact that her mom and son moved into the home. That's another story but truly she has good intentions

[Coco8 1,039]

3 hours ago, Mayi & MiMi said:

...they first met years ago and have begun a relationship after being separated from her 2nd husband. I must add that the divorce from the 2nd husband was immediate but due to multiple issues with the papers and him defaulting the divorce the divorce was finally approved in June. 

 

They will like at the dates of the divorce. They do not care about the backstory. Nor do they care about the feelings of the 2nd husband regarding the future 3rd husband, etc. They could think they are all "in on it" (potential fraud).