Number of visa apps

[DavidM 0]

I'm a new poster here and have a question for anyone in the know. In 2005 I started a K-3 visa for a girl I married in Colombia. That relationship went bad between visits to her and the marriage and visa app was terminated. In 2007 I brought a new fiance to the states on a K-1. Seems she was also just after a green card and that marriage ended in divorce just this year. Now that I am more experienced and wiser to the fact that not all the girls have genuine intentions, I'm wondering would I have any problems submitting another K-1 app should I decide to give this another try?

[JimVaPhuong 4,863]

I'm a new poster here and have a question for anyone in the know. In 2005 I started a K-3 visa for a girl I married in Colombia. That relationship went bad between visits to her and the marriage and visa app was terminated. In 2007 I brought a new fiance to the states on a K-1. Seems she was also just after a green card and that marriage ended in divorce just this year. Now that I am more experienced and wiser to the fact that not all the girls have genuine intentions, I'm wondering would I have any problems submitting another K-1 app should I decide to give this another try?

No, you shouldn't have any problems. There are filing limitations for the K1, but they don't kick in unless you've had a K1 petition approved within the last 2 years, or you've filed two or more petitions at anytime previously. Since you've only filed one K1, and it was approved more than two years ago, you should be ok.

Although your history with immigration should not have any effect on your ability to get an approved petition, it could have an effect on the interview stage for any new fiancee you petition for, especially if she's from a high fraud country. You've been stung before, and the last time you were stung the girl got a green card out of the deal. The consular officer might suspect your judgment may not be so good in these matters, and take it upon himself to stop you (and the US government) from getting stung again. In other words, you future fiancee might be put through the wringer at the interview because of your previous wives.

[pushbrk 13,250]

No, you shouldn't have any problems. There are filing limitations for the K1, but they don't kick in unless you've had a K1 petition approved within the last 2 years, or you've filed two or more petitions at anytime previously. Since you've only filed one K1, and it was approved more than two years ago, you should be ok.

Although your history with immigration should not have any effect on your ability to get an approved petition, it could have an effect on the interview stage for any new fiancee you petition for, especially if she's from a high fraud country. You've been stung before, and the last time you were stung the girl got a green card out of the deal. The consular officer might suspect your judgment may not be so good in these matters, and take it upon himself to stop you (and the US government) from getting stung again. In other words, you future fiancee might be put through the wringer at the interview because of your previous wives.

He has clearly already filed two I-129F petitions but it is not clear at which stage the first process stopped. One K3 plus 1 K1 is two I-129F petitions, so a waiver request would be required. Otherwise, I concur with the above. There will be extra scrutiny of the relationship at any visa interview.

[Audy_Rob 26]

He has clearly already filed two I-129F petitions but it is not clear at which stage the first process stopped. One K3 plus 1 K1 is two I-129F petitions, so a waiver request would be required. Otherwise, I concur with the above. There will be extra scrutiny of the relationship at any visa interview.

According to the I-129F instructions, it seems the USCIS desired to omit the I-129F that is filed in conjunction with the K-3 Visa I-130 petition. The wording directly from the I-129F instructions mimics Jim's writing which only refers to the petition for a K-1 visa, not any reference to the petition for a K-3 visa.

The instructions state:

2. Filing Limitations on K Nonimmigrant 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.

This will be the OP's second K-1 visa petition. Nowhere in these instructions regarding filing limitations does the K-3 visa petition appear.

I think everyone is in agreement that the fiance(e) applicant will be in for more intensive screening perhaps then the Consulate's norm would be.

[JimVaPhuong 4,863]

He has clearly already filed two I-129F petitions but it is not clear at which stage the first process stopped. One K3 plus 1 K1 is two I-129F petitions, so a waiver request would be required. Otherwise, I concur with the above. There will be extra scrutiny of the relationship at any visa interview.

The filing limitation imposed by the IMBRA is not on the document used to apply for the visa, but on the type of visa. Though the IMBRA act makes broad references to "K non-immigrant visas", and even defines that term in reference to section 101(a)(15)(K) paragraphs (i) and (ii) (which includes the K3), the only portion of the INA significantly changed by the act is 214(d), which applies only to fiance/e visas. As Audy_Rob noted, the I-129F instructions specifically mention only K1 visa petitions when describing the filing limitations.

[pushbrk 13,250]

The filing limitation imposed by the IMBRA is not on the document used to apply for the visa, but on the type of visa. Though the IMBRA act makes broad references to "K non-immigrant visas", and even defines that term in reference to section 101(a)(15)(K) paragraphs (i) and (ii) (which includes the K3), the only portion of the INA significantly changed by the act is 214(d), which applies only to fiance/e visas. As Audy_Rob noted, the I-129F instructions specifically mention only K1 visa petitions when describing the filing limitations.

Yes, I know but we see two things in actual practice. The first is USCIS requiring the waiver request on the second petition and the other, dealing with all I-129F petitions the same way. I think part of the problem is USCIS's system list cases by petition type instead of visa type, so they simply count petitions. USCIS has done a piss poor job of implementing their enforcement of IMBRA, so what the law says or what should be is rarely what actually happens in this case.

[JimVaPhuong 4,863]

Yes, I know but we see two things in actual practice. The first is USCIS requiring the waiver request on the second petition and the other, dealing with all I-129F petitions the same way. I think part of the problem is USCIS's system list cases by petition type instead of visa type, so they simply count petitions. USCIS has done a piss poor job of implementing their enforcement of IMBRA, so what the law says or what should be is rarely what actually happens in this case.

Fair enough. It wouldn't surprise me a bit if USCIS were misapplying the requirements of the law, and it wouldn't be the only part of the INA they don't correctly interpret. If USCIS is actually doing this, then there is no harm in including a waiver request with a subsequent I-129F filing.

I could understand USCIS misapplying the law in this case. The text of the IMBRA specifically refers to INA section 101(a)(15)(K) paragraphs (i) and (ii) when defining a "K non-immigrant visa". Paragraph (ii) clearly describes a K3, so the assumption would be that the act applies to both K1 and K3 visas. However, the text of the IMBRA also specifies exactly what portions of the INA are affected, and exactly how the text of the INA is to be altered. The resulting changes in the INA only end up affecting K1 visas, so the IMBRA act itself is ambiguous.

[pushbrk 13,250]

... the IMBRA act itself is ambiguous.

Now that's an understatement.