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euphoria79

Previous Petition Fears

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Filed: K-1 Visa Country: Australia
Timeline

Two years ago, I was involved with an American (I am Australian) We made plans to get married, started the K1 process early in 2011, but I think that he just gave up on the relationship mid-late 2011 and started seeing someone else. The perils of long distance. I was quite upset at the time, because it was a man that I had trusted. It broke me a little.

This year, however, I met this wonderful man, and things have been progressing rather fast. It scares me a little how much I feel for him in such a short time. It's only been a couple of months. The thing is, that I didn't want to get involved with him because he was American, and I didn't want to go through this whole thing again. But every moment I spend with him, just makes me want to spend more time with him. I met him through a friend that I've known for 10 years. He is just so nice, and kind, romantic in just the right ways. He tells me that he wants to spend the rest of his life with me, that I am the one, and I can't help but feel the same way. He mentioned to me tonight that he wanted to come here after his next deployment, and just elope. I love the idea of being with him, and married to him, although I do caution that that is probably not the best plan.

I have told him almost every detail about my past. We're trying to work out the easiest way to just be together. At this stage, it is looking like the K1 visa process again, as much as we want to tie the knot (K3), it seems like going that route may take longer, and be harder. I was just reading through the wiki thing ... and I noticed this:

Filing Limitations on K Non-immigrant 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. To request a waiver you must submit a written request with the I-129f petition accompanied by documentation of your claim to the waiver. If you have committed a violent offense against a person or persons, the USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist.

Is that referring to the petition from 2011 that another man submitted for me? Or does it just mean that my current beau can't have submitted a previous petition? Does the petition approval mean that the visa needs to have been issued? That I cancelled the whole thing in 2011 pretty much directly after NOA2 matter? (It never went past that point) Am I worried about nothing?

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Filed: Lift. Cond. (apr) Country: China
Timeline

At this stage, it is looking like the K1 visa process again, as much as we want to tie the knot (K3), it seems like going that route may take longer, and be harder.

If you were to get married prior to beginning the immigration process, the visa you would ultimately be seeking would be a CR-1 visa. Current NVC procedures regarding the K3 make it a virtually unobtainable visa. FYI, a CR-1 visa holder is issued a green card upon entry to the US whereas K1 visa holder must go through the Adjustment of Status process before being issued a green card.

Is that referring to the petition from 2011 that another man submitted for me? Or does it just mean that my current beau can't have submitted a previous petition? Does the petition approval mean that the visa needs to have been issued? That I cancelled the whole thing in 2011 pretty much directly after NOA2 matter? (It never went past that point) Am I worried about nothing?

The quote you are referencing is directed at US Citizens filing a petition on behalf of a fiance(e).


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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