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Filed: K-1 Visa Country: Philippines
Timeline
Posted

My ex fiancee was aproved for k1 in sept 2008 but never came to the states.

Now have new fiancee and want to know what to do about the first k1 visa.

Is it gonna be a problem filing for new k1 with my new girl?I see on the I-129F number 11 ask have you ever filed for any other alien fiancee before.what do i need to do?

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted
I see on the I-129F number 11 ask have you ever filed for any other alien fiancee before.what do i need to do?

To start with, on the I-129F question 11, you of course need to answer honestly and give as much of the information as you can. Add an additional sheet but you should not give a long explanation.

Say yes, I have filed an I-129F previously for the alien (WRITE NAME). Give the NOA1 date if you know it or approximate NOA1 date if you do not have the sheet.

Give the A3 if you still know it and a short, one sentence explanation that K-1 visa was approved but ex- fiancee did not use this K-1 visa within the six months or whatever happened.

I think since this is your second I-129F petition within two years (Is that correct on my part???) then you will need to file a waiver which you can attach to the I-129F.

Naturalization N-400

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted
where u find the waiver?

Good question. I did not explain that well.

First there are many types of waivers as always. There is an entire forum dedicated to the two main waivers I-601 and I-212.

http://www.visajourney.com/forums/index.php?showforum=113

The good news is you do not need a formal waiver. In the case of two I-129Fs within two years or more than two I-129Fs over any time period, you simply need to submit or augment your additional sheet to question 11. I cannot tell if this is really your second I-129F within two years as you only gave the approximate K-1 date. But if this is your second I-129F in two years time or less, than expand the explanation on the additional sheet. "We had co0me to realize we just were not compatible...so she did not go to the interview...etc..."

BE HONEST!!! DO NOT misrepresent the actual facts.

That is all you need to do. Your waiver is submitted as part of question 11. If there is no real mystery or contrary evidence, it will routinely be granted.

Good luck.

Naturalization N-400

Posted (edited)
My ex fiancee was aproved for k1 in sept 2008 but never came to the states.

Now have new fiancee and want to know what to do about the first k1 visa.

Is it gonna be a problem filing for new k1 with my new girl?I see on the I-129F number 11 ask have you ever filed for any other alien fiancee before.what do i need to do?

After my first K1 was denied I married a different lady a couple years later and filed a K3/K4.

The matter NEVER came up all the way thru US citizenship.

I didn't lie on any of the forms that asked if/who I'd filed for.

I didn't attach a letter of explanation. Just filled in where info about past petitions was asked for.

Edited by Dakine

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted (edited)
the first notice of action was april 24, 2008. approval notice 7/24/2008

visa issued in sept 2008

I am assuming you have divorced the lady from the K-3/K-4. You must be eligible to marry when you file the petition.

Edited by Audy_Rob

Naturalization N-400

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted
So if you file the I-129F before April 25, 2010 you should give a one paragraph statement of what happened and end it by saying you are requesting the waiver. If all is correct and there are no other problems, the waiver will be routine and you should receive it.

I am assuming you have divorced the lady from the K-3/K-4.

I think you should list all petitions for I-129F and the I-130 for K-3. It might be viewed as this is your third petition, not second. This is because you should have filed an I-129F with the I-130 for the K-3/K-4. I didn't realize the facts about the K-3 until now.

Naturalization N-400

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted
where u find the waiver?

You won't need a waiver.

She got the k1 visa in sept 2008 but never used it.

So write a letter of attestation about this, be precise and specific, include it WITH the initial I-129F submittal.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: Lift. Cond. (apr) Country: Egypt
Timeline
Posted

Don't just open your mouth and prove yourself a fool....put it in writing.

It gets harder the more you know. Because the more you find out, the uglier everything seems.

kodasmall3.jpg

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted
You won't need a waiver.

I don't understand.

If the petitioner has 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 the current petition, the petitioner must request a waiver.

From http://www.ilw.com/articles/2007,0206-ellis.shtm

It seems likely the OP falls under this category unless delaying his petition a few months. I think it is very clear that a waiver is required.

Naturalization N-400

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

It's my understanding that the waiver would be required IF he had married the first K-1 lass in the USA, then divorced her.

Since that's not the case, again IMO, the waiver isn't required.

A letter of attestation about the prior K-1, IMO, is needed , when filing the petition, as well as listing the prior K-1 on the I-129F application.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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