Previous Petition Fears

[euphoria79 8]

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?

[Ryan H 3,790]

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).