second K-1??

[Lenkach 0]

Hi,

I was issued the K-1 in March this year and in July came to USA. However, my fiance and I could not get married due to some circumstances and I had to go back to Russia. Now, we are considering two options - either filing for the second K-1 or getting married in Russia and applying for the K-3. Does anyone here know if the second K-1 can be issued again and which is the soonest - K1 or K3? Thank you.

[slim 1,514]

K-1 can be redone and it's rather quick, WAAAAAY quicker than going the K-3 route. Resubmit, just make sure you still have the two year requirement met.

[mox 298]

The other thing that makes the K-1 quicker is that you can't file the K-3 until you're married. You can file the K-1 now.

[slim 1,514]

The other thing that makes the K-1 quicker is that you can't file the K-3 until you're married. You can file the K-1 now.

Good point!

[sweet_wifey22 0]

Good Luck!!!!

[Lenkach 0]

Thanks, guys!

Hopefully, the second K-1 will work out well. Do you think the processing will take less time as this is our second time? I hope so!

[mox 298]

Thanks, guys!

Hopefully, the second K-1 will work out well. Do you think the processing will take less time as this is our second time? I hope so!

No, it will take pretty much the same time. No expedite line for frequent customers, sorry. Make sure to include the waiver letter in your new packet. Best of luck to you!

[payxibka 10,045]

The waiver letter is not required according to the law as it is for the same alien fiancee... however, in CYA mode I would include as mox already suggested

[mox 298]

The waiver letter is not required according to the law as it is for the same alien fiancee... however, in CYA mode I would include as mox already suggested

Hmmm...are you sure about this? Instruction 2, "Filing Limitations on K Nonimmigrant Petitioners" on the I-129F instructions says in part:

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 this petition accompanied by documentation of your claim to the waiver.

There doesn't seem to be any provision for a the same alien fiancee. Perhaps there's another source on this?

[KGSodie 0]

I'm with Mox on this one. If the USC files a K-1 within 2 years of having a prior K-1 approved, they need the waiver. Oddly, though, a non-USC beneficiary CAN have had an approved K-1 filed on their behalf within the past 2 years, and can still be the beneficiary of a new K-1 (from a new USC petitioner). This was the situation with Natasha. May or may not have had anything to do with our delays in Moscow post-interview. No way to tell since they have no requirement to explain themselves when such delays occur.

[K1researcher 0]

The waiver letter is not required according to the law as it is for the same alien fiancee... however, in CYA mode I would include as mox already suggested

Hmmm...are you sure about this? Instruction 2, "Filing Limitations on K Nonimmigrant Petitioners" on the I-129F instructions says in part:

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 this petition accompanied by documentation of your claim to the waiver.

There doesn't seem to be any provision for a the same alien fiancee. Perhaps there's another source on this?

you know that instruction is very poor english. "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"

so if you have EVER filed a k-1 petition before you need a waiver ..... ( alwasy though it was more than 2 or a second one within 2 years as that is the only way that sentence makes any grammatical sense in english.

That doesnt even make sense. i included a letter with mine, but not specifically as a waiver .. ug i hope i dont get RFE'd

[payxibka 10,045]

The waiver letter is not required according to the law as it is for the same alien fiancee... however, in CYA mode I would include as mox already suggested

Hmmm...are you sure about this? Instruction 2, "Filing Limitations on K Nonimmigrant Petitioners" on the I-129F instructions says in part:

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 this petition accompanied by documentation of your claim to the waiver.

There doesn't seem to be any provision for a the same alien fiancee. Perhaps there's another source on this?

The other source would be the law itself:

H. R. 3402--108

( 2 )( A ) Subject to subparagraphs ( B ) and ( C ), a consular officer may not approve a petition under paragraph ( 1 ) unless the officer has verified that

( 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

Edited December 5, 2008 by payxibka

[1HappyGuy 45]

The K-1 is still the quicker method. I agree that adding a waiver letter is a good idea. Regardless of what the law reads or how they are interpreting it this month, you can avoid any further delays by having every conceivable type of documentation in this application.

Better luck this time.

[mox 298]

i included a letter with mine, but not specifically as a waiver .. ug i hope i dont get RFE'd

Hmmm...common sense would dictate that if your letter addresses the fact that this is your second K-1, then you are de facto requesting a waiver. However, we all know how "common sense" and "USCIS" are like oil and water. If you're RFE'd, just put a waiver letter together and get it back to them. You'll lose a couple weeks at most.