Applying for a 2nd K1 visa

[bigkahuna 0]

Hello all,

I had a lady come here recently and things did not work out. If I go through the process again, do I need to wait for a certain amount of time? Someone told me 18 months? 2 years? Is that correct? Does that apply to me if I only had 1 approval?

Thanks!

BigK

[Billy 0]

Hello all,

I had a lady come here recently and things did not work out. If I go through the process again, do I need to wait for a certain amount of time? Someone told me 18 months? 2 years? Is that correct? Does that apply to me if I only had 1 approval?

Thanks!

BigK

Hi

With this new law IMBRA, you have to wait 2 yrs prior filing 2nd petition.

Bill

[LiszyandKenny 5]

and if it is for the same person but a different kind of visa (K-3) ?

[bigkahuna 0]

With this new law IMBRA, you have to wait 2 yrs prior filing 2nd petition.

2 years from what date? And are you sure it applies if you've only had 1 approval?

Thanks

[Billy 0]

With this new law IMBRA, you have to wait 2 yrs prior filing 2nd petition.

2 years from what date? And are you sure it applies if you've only had 1 approval?

Thanks

2 yrs from your first k1 approval. I am not sure if it will apply to you or not.

Edited May 24, 2006 by Billy

[rlt 0]

Hello all,

I had a lady come here recently and things did not work out. If I go through the process again, do I need to wait for a certain amount of time? Someone told me 18 months? 2 years? Is that correct? Does that apply to me if I only had 1 approval?

Thanks!

BigK

Hi

With this new law IMBRA, you have to wait 2 yrs prior filing 2nd petition.

Bill

I think you should look for more information, since nothing about IMBRA is known for sure at this point.

[aussiewench 9]

With this new law IMBRA, you have to wait 2 yrs prior filing 2nd petition.

2 years from what date? And are you sure it applies if you've only had 1 approval?

Thanks

2 yrs from your first k1 approval. I am not sure if it will apply to you or not.

Sections from the act.....

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and ‘‘(ii) if the petitioner has had such a

petition previously approved, 2 years have elapsed since

the filing of such previously approved petition.

‘‘(4)(A) The Secretary of Homeland Security shall create a database

for the purpose of tracking multiple visa petitions filed for

fiance´(e)s and spouses under clauses (i) and (ii) of section

101(a)(15)(K). Upon approval of a second visa petition under section

101(a)(15)(K) for a fiance´(e) or spouse filed by the same United

States citizen petitioner, the petitioner shall be notified by the

Secretary that information concerning the petitioner has been

entered into the multiple visa petition tracking database. All subsequent

fiance´(e) or spouse nonimmigrant visa petitions filed by that

petitioner under such section shall be entered in the database.

‘‘(B)(i) Once a petitioner has had two fiance´(e) or spousal petitions

approved under clause (i) or (ii) of section 101(a)(15)(K), if

a subsequent petition is filed under such section less than 10

years after the date the first visa petition was filed under such

section, the Secretary of Homeland Security shall notify both the

petitioner and beneficiary of any such subsequent petition about

the number of previously approved fiance´(e) or spousal petitions

listed in the database.

[panthai 0]

Some more information is needed to answer your question. I will then assume because I had this happened to me just a month ago. First, you mentioned that the fiance did not work out or have you two reconsided? Also has the K-1 visa expired.

Here is my situation that I had. Fiance was granted K-1 and enter the US on 2/28/06, she left due to a family emergency two weeks after arrival. I then contacted my congresswoman and ask for help in re-issuing visa to my fiance. As long as the 90 has not expired. My fiance was granted another visa by the consulate. She arrived in the US for the second time on 5/25/06.

Hopefully that this is the case and you still have time left. If not, I think the other replys on this board may help. Good luck

[Canuck Carrie 1]

Dang, sorry to hear that Big K.

[Fandango 1,439]

So your last woman came in April 06, you sent her home the next month, and now you're back again? Sorry for the long bump...linked from your prof page

Edited February 28, 2007 by LisaD

[DA BOMB 1]

Hello all,

I had a lady come here recently and things did not work out. If I go through the process again, do I need to wait for a certain amount of time? Someone told me 18 months? 2 years? Is that correct? Does that apply to me if I only had 1 approval?

Thanks!

BigK

If you've had a petition approved within the past 2 years of filing a new petition you must attach a letter used as a waiver due to the IMBRA law. This waiver is filed with your petition. I had my last approved K1 petition go south June of 06 a week before the interview. Read up on the IMBRA issue and view sample letters used as the waiver.

[bigkahuna 0]

Hello again all, no, this would be for a totally different woman.

Thanks

[bigkahuna 0]

Ok, so my first NOA was 9/15/05. If I file after 9/15/07, do I even need to worry about this?

[Beauty for Ashes 257]

Ok, so my first NOA was 9/15/05. If I file after 9/15/07, do I even need to worry about this?

I am going through a similar thing, I had one approved last march and he and i broke up before the interview. I met someone else and made a new petition. I am waiting the results. They sent me some weird notice that my old case had been sent back to california for review ( the email trigger from the old case told me) and I am waiting since 1 17 2007 on the new one without even one touch or anything. So we will see. I am going back to algeria and will visit the consulate I think maybe and call them and do lots of things with him in Oran so we will see/.....I will let you know what happens with me

[meauxna 15]

Ok, so my first NOA was 9/15/05. If I file after 9/15/07, do I even need to worry about this?

I am going through a similar thing, I had one approved last march and he and i broke up before the interview. I met someone else and made a new petition. I am waiting the results. They sent me some weird notice that my old case had been sent back to california for review ( the email trigger from the old case told me) and I am waiting since 1 17 2007 on the new one without even one touch or anything. So we will see. I am going back to algeria and will visit the consulate I think maybe and call them and do lots of things with him in Oran so we will see/.....I will let you know what happens with me

Did you ever cancel your original petition in writing? You might want to follow up on that 'weird notice'...