K1 vs K3 I need help ASAP!!!!!

[Mee1234 0]

I just came back from Laos in Dec. 20, 2012. I have a question about what visa I should file. K1 or K3?????

Here is my story:

In 2009 I went and got engage with a Laos girl. I filed K1 for her in February 2010 and was approved in May 2010. She had her interview in Oct 2010. She failed her interview. She said we met at a different place other than what I wrote on the K1 application cause she said the question confused her. The denial letter that she got said that the relationship was not bonified and the visa was just for immigration purpose only and the K1 would be returned for revolk. She got the 221g. We eventually broke up. I filed a formal withdrawal of the application on Sept 2011.

Next chapter of my life:

In February 2012 I went back to Laos met a girl. I went back a second time in the beginning of Dec 2012. I got engage. I got all the engagement forms filed out. I am ready to file my K1. Now here is my problem. Now I cant decide on filing the K1 or K3. If I file the k1 would I have to file for a waiver for the 2 year limit and having a previous K1 approved? In addition I would also have to answer question 11 on 129f form which ask about my previous 129f application and the result. If they see the result that my previous 129f was denied because it was for immigration purpose only will I still be able to be approved for the new 129f? Will the consulate in Laos be hard on my fiancee if she was to get an interview for 129f. Because my previous 129f was denied for being accused using it for immigration purpose. That is the problem that I have with filing for a 129f.

If I file for a k3 I wont be asked for the previous filed k1 and i wont need a waiver as well. It will take longer and cost more money.

Should I file for the K3 or K1??????

So confused and fustrated!!!!!!!!!!!!!!!!!! :'(

Please help I am very confused.

[canadian_wife 1,823]

The previous denial will come up, filing a spousal visa won't erase that. You can expect your girl to be asked about it too.

K-3 is obsolete, you'd file for the Cr-1 apousal visa

It sounds like you want the option that will be easiest in terms of your past denail, I don't think you'll need a waiver for the spousal visa, but it will need to be disclosed

good luck

[Texy 1]

CONGRATULATIONS

[baron555 934]

I just came back from Laos in Dec. 20, 2012. I have a question about what visa I should file. K1 or K3?????

Here is my story:

In 2009 I went and got engage with a Laos girl. I filed K1 for her in February 2010 and was approved in May 2010. She had her interview in Oct 2010. She failed her interview. She said we met at a different place other than what I wrote on the K1 application cause she said the question confused her. The denial letter that she got said that the relationship was not bonified and the visa was just for immigration purpose only and the K1 would be returned for revolk. She got the 221g. We eventually broke up. I filed a formal withdrawal of the application on Sept 2011.

Next chapter of my life:

In February 2012 I went back to Laos met a girl. I went back a second time in the beginning of Dec 2012. I got engage. I got all the engagement forms filed out. I am ready to file my K1. Now here is my problem. Now I cant decide on filing the K1 or K3. If I file the k1 would I have to file for a waiver for the 2 year limit and having a previous K1 approved? In addition I would also have to answer question 11 on 129f form which ask about my previous 129f application and the result. If they see the result that my previous 129f was denied because it was for immigration purpose only will I still be able to be approved for the new 129f? Will the consulate in Laos be hard on my fiancee if she was to get an interview for 129f. Because my previous 129f was denied for being accused using it for immigration purpose. That is the problem that I have with filing for a 129f.

If I file for a k3 I wont be asked for the previous filed k1 and i wont need a waiver as well. It will take longer and cost more money.

Should I file for the K3 or K1??????

So confused and fustrated!!!!!!!!!!!!!!!!!! :'(

Please help I am very confused.

As stated before, it's the CR-1 not a K-3.

The waiver letter is no big deal, so don't let that sway you.

The previous denial is on your record so regardless of visa type, you both will have to prove to the CO that this relationship (doesn't matter if you've married this woman or not) is legit.

[Penguin_ie 5,994]

The CR-1 is cheaper than the K1, and leads to immediate greencard, meaning she can travel; if there is an emergency back home, and can work. Of course, to get it you'd need to meet at least once more to get married and then wait till you have the marriage cert, so it would take longer.

As mentioned, the previous denial will come up anyway. I think in your case, a CR-1 may be marginally better because it shows serious comittment and will mean you have met at least once more. Bonus points if some of your family can attend the wedding.

[bigdog 376]

I agree with the CR-1, it wont make it easier,m but might be a little better with your past denial.

[Mee1234 0]

Thanks a lot. I haven't looked into the CR-1 before. Does anybody have any experience with the CR-1? How long does it usually take for approval?

Penguin_ie what do mean I have to go back one more time?

[LeftCoastLady 441]

Thanks a lot. I haven't looked into the CR-1 before. Does anybody have any experience with the CR-1? How long does it usually take for approval?

Penguin_ie what do mean I have to go back one more time?

You should check out the CR-1/IR-1 forum to get specific details on the spousal petition and visa, but the VJ guide is a good start, too: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

Penguin was likely referring to the fact that to file the spousal petition, you have to be married first, so you will have to travel back before filing.

[bigdog 376]

You have to return to get married to do the CR-1. Research the time lines for at least VJ statistics and USCIS for their average times.

[Penguin_ie 5,994]

Penguin was likely referring to the fact that to file the spousal petition, you have to be married first, so you will have to travel back before filing.

Yup- proxy marriage don;t count, and you have to be legally married before you can file.

[TBoneTX 45,447]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP hasn't yet decided on a visa path. ***

[BABA70 2]

Your case is very similar to mine, I have previous K1 approved but mine did not get to the embassy. However you can still file for the K1 but you have to disclose this and send a waiver letter to the USCIS. This is very important and you should let youe fiancee knows your very well and casrry her along with all the information on the petition you filed. You have to tell her everything and let USCIS know as they have your name already in their data base for the previous case you filed.

[Benediction 15]

Tell her / USCIS everything...don't withold a thing. The Laotian embassy is not kind to liars / easy on proving a "bona fide" relationship. I hope you also let the woman you are planning on marry know this as well. I would take time to go over all the information prior to sending it on as well as her prior to her interview. These are things she would know if you two have a genuine relationship.

In regards to the spousal visa, at this point it sounds shady, and I'm not even an immigration offical, I could imagine what they would think. I would take more time developing the relationship and visiting to prove that this is in fact a genuine love.

Regardless good luck on your journey and I wish you the best honestly.

Godspeed.

[Darnell 8,478]

IMBRA regs are 2 petitions filed within 2 years, so when you file petition #3, you must ask for an IMBRA waiver via letter attached to the petition.

Since your prior count is only 1, you are OK on the IMBRA regs with the count o I-129F petitions filed within a 2 year span.

[Mee1234 0]

Thanks a lot every one