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cliff

Impact from previous K1 visa?

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I applied K1 visa for my ex-fiancee 6 years ago, and she got the K1 visa in 2005 and visited me in US in that year. But things went beyond my expectation, and finally we couldn't get married. She only stayed in US for about 2 months and went back to her home. After 5 years, I decide to apply a K1 visa for my new girl friend in China. I don't know if there is any negative impact on it? If so, what should I prepare to deal with it?

Thanks for your comments.


7/31/2004 sent I-129F package to Vermont

8/3/2004 NOA1

8/23/2004 ONLINE APPROVED!!!!

8/24/2004 VSC sent package to NVC

8/30/2004 NVC received package

10/5/2004 NVC told me case has been forwarded via email

10/26/2004 Received package 3

11/8/2004 sent back pk 3

Things went beyond expectations. K1 was granted in 2005, but relationship failed.

===============================

After 5 years....

2nd K1 began:

1/20/2011 Sent I-129F

1/24/2011 NOA1

6/13/2011 NOA2

11/9/2011 Interview Visa Approved!

3/9/2012 Marriage

3/20 Sent AOS package

....

11/14/2012 AOS approved!

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The most important thing you can do to prepare for this is give all of the relevant details to your fiance(e) that will be interviewing. The impact is very likely she will be questioned on this topic quite a bit. There have been some postings after an interview about this subject.

Tell your fiance(e) all the details and make sure she knows years, names and what happened.

Hopefully this was disclosed on the I-129F, I think question 11 requires that.

Good luck.


Naturalization N-400

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Hey Cliff -

in addition to 'noting her' on the I-129F petition -

I STRONGLY SUGGEST YOU INCLUDE a letter of attestation about this prior K-1, and in that letter, request a waiver from filing the 2nd K-1. IMO, though, this waiver won't be required, as the 'timetick' is 2 K-1's within 2 years. But - I've not studied up on the Adam Walsh Act or Imbra in the past few weeks, my notes are elsewhere, as well.

It may be you don't need to ask for the waiver at all, but I would include a letter of attestation about the prior K-1, regardless.

IMO, this '2nd K-1' will not be detrimental to yer lass - but do remember - Guangzhou Immigration Visa Branch handles thousands of cases each year, and they have their 'fraud sniffers' in high-gear, most of the time. That letter of attestation should 'trump' any red flag that might be raised at the IV unit in Guangzhou.

Good Luck !


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Just like a prior marriage, GUZ will use that as bait for the fiancee to see how aware she is of the previous relationship and try to trip up the applicant. Not always, but most guys on here who have gone through GUZ with a previous marriage will tell you this was definitely part of the questioning process. So, your girl is going to need to have full disclosure on the previous K-1.


Nov 6, 2009: "I had breakfast in Korea, lunch in Shanghai, and dinner in Chongqing...now I just need to find a squat toilet..."

K1 completion: 03-10-2010, PINK!!!(well..it's orangish)
POE: Chicago/ORD 05-21-2010
Married: 05-26-2010
AOS completion: 10-28-2010
ROC completion: 05-16-2013

Naturalized: 11-21-2014

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Hey Cliff -

in addition to 'noting her' on the I-129F petition -

I STRONGLY SUGGEST YOU INCLUDE a letter of attestation about this prior K-1, and in that letter, request a waiver from filing the 2nd K-1. IMO, though, this waiver won't be required, as the 'timetick' is 2 K-1's within 2 years. But - I've not studied up on the Adam Walsh Act or Imbra in the past few weeks, my notes are elsewhere, as well.

It may be you don't need to ask for the waiver at all, but I would include a letter of attestation about the prior K-1, regardless.

IMO, this '2nd K-1' will not be detrimental to yer lass - but do remember - Guangzhou Immigration Visa Branch handles thousands of cases each year, and they have their 'fraud sniffers' in high-gear, most of the time. That letter of attestation should 'trump' any red flag that might be raised at the IV unit in Guangzhou.

Good Luck !

Thanks for the suggestion! I will include a letter for the explanation.


7/31/2004 sent I-129F package to Vermont

8/3/2004 NOA1

8/23/2004 ONLINE APPROVED!!!!

8/24/2004 VSC sent package to NVC

8/30/2004 NVC received package

10/5/2004 NVC told me case has been forwarded via email

10/26/2004 Received package 3

11/8/2004 sent back pk 3

Things went beyond expectations. K1 was granted in 2005, but relationship failed.

===============================

After 5 years....

2nd K1 began:

1/20/2011 Sent I-129F

1/24/2011 NOA1

6/13/2011 NOA2

11/9/2011 Interview Visa Approved!

3/9/2012 Marriage

3/20 Sent AOS package

....

11/14/2012 AOS approved!

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The IMBRA waiver request is only required if you've submitted two or more I-129F's at anytime in the past, or had an I-129F approved within the past two years. If this is your second I-129F, and it's been more than two years since the first I-129F was approved, then you don't need to request a waiver of the filing limitations.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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The IMBRA waiver request is only required if you've submitted two or more I-129F's at anytime in the past, or had an I-129F approved within the past two years. If this is your second I-129F, and it's been more than two years since the first I-129F was approved, then you don't need to request a waiver of the filing limitations.

I just replied to an RFE similar to your situation, and my attorney wrote the "waiver" letter for me. In short it say that Under IMBRA subsection (i) the petitioner must have had at least two prior K visa petitions pending, and under subsection (ii), one of these prior petitions must have been "filed" not approved, within the past two years with the most recent "filing" having been approved by USCIS. Both of these conditions must exist in order for USCIS to require a waiver.

Edited by Six-Twelve

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