Jump to content

23 posts in this topic

Recommended Posts

Posted

I was imprecise - there is a lifetime limit of 2, but you can ask for a waiver of that regulation, as I did in my application.

Please don't give false information.

There is no lifetime limit of two, there is no limit.

People can apply for more than 2, there will just be more red flags.

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

There is a limit, which the adjudicator has the authority to waive. You have to ask for a waiver. AFAIK from perusing this site, they are almost always granted. Nevertheless, there is a limit, and it's more than just a "red flag", it adds an additional requirement for affected applicants.

http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

2. What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?

You must apply for a filing limitations waiver if any of the following apply:

a. You have previously filed K-1 petitions for two or more beneficiaries;
Filed: AOS (apr) Country: Philippines
Timeline
Posted

There is a limit, which the adjudicator has the authority to waive. You have to ask for a waiver. AFAIK from perusing this site, they are almost always granted. Nevertheless, there is a limit, and it's more than just a "red flag", it adds an additional requirement for affected applicants.

http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

2. What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?

You must apply for a filing limitations waiver if any of the following apply:

a. You have previously filed K-1 petitions for two or more beneficiaries;

You need to pay attention to the context of what you are citing:

You only need a waiver if you have filed K-1 for two or more beneficiaries IF IMBRA applies in this case. If you did not meet through the services of an International Marriage Broker, then you do not need to seek a waiver with two previous filings.

OR

You had a k-1 petition previously approved and less than 2 years have passed.

Is this petition falling under IMBRA?

K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

Filed: AOS (apr) Country: Philippines
Timeline
Posted

You need to pay attention to the context of what you are citing:

You only need a waiver if you have filed K-1 for two or more beneficiaries IF IMBRA applies in this case. If you did not meet through the services of an International Marriage Broker, then you do not need to seek a waiver with two previous filings.

OR

You had a k-1 petition previously approved and less than 2 years have passed.

Is this petition falling under IMBRA?

After having a chat with an attorney friend, the wording in the instructions is tricky but it seem that IMBRA applies to all K-1s, so technically Pianist27 would be correct: if you have previously file two petitions, you need to file a waiver for any additional K-1 petitions.

K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

OP DID request a waiver.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: K-1 Visa Country: Ukraine
Timeline
Posted (edited)

Yes, the wording is tricky, but everybody has to apply for a multiple filing waiver. As I mentioned before, I've not read about a single one ever denied on that basis, but you do have to be sure to include that extra letter. Still waiting to find out why petition was denied and then I'll start another thread if I need some advice. I do doubt it's the multiple filing waiver.

Edited by Pianist27
Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Please don't give false information.

There is no lifetime limit of two, there is no limit.

People can apply for more than 2, there will just be more red flags.

It isn't false information. There is a limit of 2. If you have filed 2 or more petitions previously, then you will need a waiver. See the I-129F instructions and the INA> http://qa-env.www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-3422/0-0-0-3594.html

Act 214(d)

...

(2) 1bc (A) Subject to subparagraphs (B) and (C ), the Secretary of Homeland Security may not approve a petition under paragraph (1) unless the Secretary has verified that--

(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and

(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition.

(B) The Secretary of Homeland Security may, in the Secretary’s discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver. Except in extraordinary circumstances and subject to subparagraph (C ), such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...