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Jen&defs

RETURN TO SENDER

By Jen&defs in K-1 Fiance(e) Visa Process & Procedures

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Jen&defs Enthusiast

Jen&defs   0

Posted
Filed: K-1 Visa Country: Philippines
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Posted

MY FRIEND IS HAVING TROUBLE WITH HIS FIANCEE AND THE RELATIONSHIP IS DONE FOR. HE IS PREPAIRING TO SEND HER AND HER TROUBLESOME TEEN DAUGHTER BACK TO COLOMBIA.THEY HAVE BEEN HERE FOR 43 DAYS ON THE K-1 VISA. HE WANTS TO KNOW WHAT HAPPENDS TO HIM AFTER SHE RETURNS AND IF HE HAS THE OPPORTUNITY TO FIND LOVE AND MARRY ANOTHER GIRL WITH THE K-1 IN THE NEAR FUTURE AND IF SO HOW LONG BEFORE HE CAN FILE AFTER THE NEW FIANCEE HAS ACCEPTED HIS PROPOSAL TO MARRY? PLEASE HELP HE'S REALLY DEVISTATED TO COME SO FAR JUST TO GET HEART BROKEN.

THANX :thumbs:

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Twisted K Mentor

Twisted K   2

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

i agree with the above... he can't send her home, but he doesn't have to follow through with the marriage, and she will be out of status after the 90 days.

as far as being able to file another i-129f, there are discrepencies on whether or not he will need to write a waiver for the IMBRA law. the law clearly states if 2 or more petitions will require a waiver. but some are having to file a waiver with the 2nd petition. also, it depends if he files it within 2 years of the first. if my recollection serves me right, i believe he will need a waiver on that too. but i have not been in that situation before, so i am sure someone will be by to correct my recollection :thumbs:

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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NArocks Mentor

NArocks   13

Posted
Filed: Citizen (apr) Country: Colombia
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Posted

####### she and her daughter are not merchandise to be returned ... Why does he want to send her back ( not that he can )? Did he not realize the package deal with the daughter? Man That is just ridiculous to say Send her back. ####### again............

HOLD ON ONE MINUTE I missed this he already has a NEW finace? Oh nO buddy have your friend post PLEASE

HE CAN FILE AFTER THE NEW FIANCEE HAS ACCEPTED HIS PROPOSAL TO MARRY?

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
SO HOW LONG BEFORE HE CAN FILE AFTER THE NEW FIANCEE HAS ACCEPTED HIS PROPOSAL TO MARRY? PLEASE HELP HE'S REALLY DEVISTATED TO COME SO FAR JUST TO GET HEART BROKEN.

I missed that too. Devastated for his relationship not working out, but already has fiancee....yeah, ok. Not much of catch the dude.

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Stephen + Elisha Proficient

Stephen + Elisha   92

Posted
Filed: Lift. Cond. (apr) Country: South Korea
 Timeline
Posted
i agree with the above... he can't send her home, but he doesn't have to follow through with the marriage, and she will be out of status after the 90 days.

as far as being able to file another i-129f, there are discrepencies on whether or not he will need to write a waiver for the IMBRA law. the law clearly states if 2 or more petitions will require a waiver. but some are having to file a waiver with the 2nd petition. also, it depends if he files it within 2 years of the first. if my recollection serves me right, i believe he will need a waiver on that too. but i have not been in that situation before, so i am sure someone will be by to correct my recollection :thumbs:

From the I-129F Instructions, page 2:

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.
(emphasis added)

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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Twisted K Mentor

Twisted K   2

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

so it is like i remembered. thanks :yes: what do u know, i recollected correctly :P

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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Ban Hammer Grand Master

Ban Hammer   12,903

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
####### she and her daughter are not merchandise to be returned ... Why does he want to send her back ( not that he can )? Did he not realize the package deal with the daughter? Man That is just ridiculous to say Send her back. ####### again............

HOLD ON ONE MINUTE I missed this he already has a NEW finace? Oh nO buddy have your friend post PLEASE

HE CAN FILE AFTER THE NEW FIANCEE HAS ACCEPTED HIS PROPOSAL TO MARRY?

he didn't say he had one already.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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NArocks Mentor

NArocks   13

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted
####### she and her daughter are not merchandise to be returned ... Why does he want to send her back ( not that he can )? Did he not realize the package deal with the daughter? Man That is just ridiculous to say Send her back. ####### again............

HOLD ON ONE MINUTE I missed this he already has a NEW finace? Oh nO buddy have your friend post PLEASE

HE CAN FILE AFTER THE NEW FIANCEE HAS ACCEPTED HIS PROPOSAL TO MARRY?

he didn't say he had one already.

Then he is apprently looking, however sine The OP is not the person this is happening to and has not returned I guess we are safe to go on our own assumetions NO?? Feels to me like he is already lining up the next one.

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Usui Takumi Veteran

Usui Takumi   1,562

Posted
Filed: Other Country: Afghanistan
 Timeline
Posted

Seriously, whats with all of the moralizing in this thread? You don't know the guy. For all you know she may actually be a heroin addict and her daughter a professional ####### come to leech off him.

Just give him the answer he needs.

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted
####### she and her daughter are not merchandise to be returned ... Why does he want to send her back ( not that he can )? Did he not realize the package deal with the daughter? Man That is just ridiculous to say Send her back. ####### again............

HOLD ON ONE MINUTE I missed this he already has a NEW finace? Oh nO buddy have your friend post PLEASE

HE CAN FILE AFTER THE NEW FIANCEE HAS ACCEPTED HIS PROPOSAL TO MARRY?

he didn't say he had one already.

OP did say "NEAR FUTURE" in the initial post. Does give one pause. If that time frame is within 2 years he would have to file the waiver.

The "send back" phrase does add a lot of gasoline to the fire. A poor choice of words that is used far too often.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Old Dominion Proficient

Old Dominion   26

Posted
Filed: AOS (apr) Country: Zambia
 Timeline
Posted

I would observe that she did use her K-1, and until the 90 days expires for them to marry, filing for a new girlfriend might not work. After that, no matter where she and her daughter went, he can file as long as he includes a short letter requesting a waiver under IMBRA and explains briefly what happened. Of course, he'll have to go through all the waiting once again.

As to his present fiancee and her daughter, the only thing he can do is avoid filing any papers on their behalf with USCIS. He can't deport them. I am sure USCIS would be curious about why suddenly this relationship went sour -- did they really try to work on it?

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