i129f question after applying for i130f

[ugh 0]

Hello,

I was engaged to a girl 2 years back from the mother land who I applied i129f and then withdrew it after 2 weeks of applying. After I realized that she was not the one for me as she was very over protective and a bit psychotic. Then 2 years past and at the end of 2014 I got married to another girl who I applied i130 for and a month after applying I found out the girl has major anxiety disorder and gets panic attacks. We both came to a mutual decision and applied for divorce and also withdrew the i130 petition about 2 weeks after applying.

Now that I have failed badly, I have decided to go the safe route and decided to get married to a girl who is from within my family, who we have long family terms with. She has been really supportive, loving, caring throughout the whole divorce process to a point I'm in love with her. We have now been talking for 4 months and things have never been this good and they are only getting better. She attended my wedding in 2014 so now I want to not waste time and apply for i129f as soon as divorce is finalized within the next 10 days. I cannot visit my country back home as the conditions are very unsafe there for US citizens.

How can I proceed with application of i129f without having to go out there? How will USCIS actually look upon this issue?

Any help would be highly appreciated!

[Boiler 43,429]

India is unsafe?

As an aside how would anyone know you are a USC?

Edited April 1, 2015 by Boiler

[clairegie 265]

Do you have any pictures together besides her being a guest at your wedding? Any other proof that you've seen each other within 2 years of filing?

[AnnaUS 4]

How close is she to you - you say she is in your family.

The US doesn't like family members getting married (even first, second, third cousins).

This is your third petition now - don't you want to make sure you are both compatibable first? Go and visit her.

[slronhill 61]

check this out first

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

Mandatory Tracking IMBRA requires USCIS to track repeated petitions for K visas. Upon approval of a second petition for a K-1 or K-3 visa filed by the same U.S. citizen petitioner, USCIS must notify the petitioner that information concerning the petitioner has been entered into a multiple visa petition tracking database. Once a petitioner has two petitions for a K-1 or K-3 visa approved, if he or she files a third petition less than ten years after the date the first petition was filed, USCIS must notify both the petitioner and the beneficiary of the number of previously approved fiancé(e) or spousal petitions. The numerical limitation and waiver provisions described in Section II, paragraph B of this memorandum, however, only apply to individuals filing a petition on behalf of a fiancé(e) (seeking a K-1 visa). Guidance regarding these notification requirements will be issued separately.

[charlieprince 24]

Hello,

Now that I have failed badly, I have decided to go the safe route and decided to get married to a girl who is from within my family, who we have long family terms with. She has been really supportive, loving, caring throughout the whole divorce process to a point I'm in love with her. We have now been talking for 4 months and things have never been this good and they are only getting better. She attended my wedding in 2014 so now I want to not waste time and apply for i129f as soon as divorce is finalized within the next 10 days. I cannot visit my country back home as the conditions are very unsafe there for US citizens.

How can I proceed with application of i129f without having to go out there? How will USCIS actually look upon this issue?

Any help would be highly appreciated!

I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!

[KayDeeCee 4,891]

I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!

Just like for same-sex marriages, you can get married in a state that allows it. It is not about what state you reside in. You would just need to make it clear that you intend to marry in a state that would legally allow the marriage.

[TabeaK 516]

To my European mindset, this seems very, very strange - but different cultures do different things, so...on the factual side:

You WILL be under a lot more scrutiny with your 3rd petition within 2 years (!) at USCIS. If you do file, include all evidence of previous filings and explain the situation well. Read up on IMBRA regulations.

Ensure you fulfill requirements for K1. Free and legal to marry is one. Having met within 2 years IN PERSON is the other. Submit evidence of that. This requirement will not be waived.

Ensure, the US allows you to marry - that's the relatedness bit. If you are related to closely, you cannot marry under Western laws. The I-129F forms have a tickbox for whether you two are related....

Edited April 1, 2015 by TabeaK

[charlieprince 24]

Just like for same-sex marriages, you can get married in a state that allows it. It is not about what state you reside in. You would just need to make it clear that you intend to marry in a state that would legally allow the marriage.

..it's not the same for cousins and same sex marriages then

for cousins: THE STATE YOU RESIDE IN MUST ALLOW IT..

ie: you cannot marry in NYC, go back home to Texas (example, not sure if they allow cousins or not)

your petition is dead on arrival if you live in a state that does not permit cousins to legally marry

[KayDeeCee 4,891]

..it's not the same for cousins and same sex marriages then

for cousins: THE STATE YOU RESIDE IN MUST ALLOW IT..

ie: you cannot marry in NYC, go back home to Texas (example, not sure if they allow cousins or not)

your petition is dead on arrival if you live in a state that does not permit cousins to legally marry

This is not so. Not all petitions get denied for this. Some even need to prove they will marry in a state that allows it at the DoS level for the K-1 visa interview.

Here are a few cases I could easily find quickly. You can search for more. If you look at their timelines, you will see they got their visas approved.

http://www.visajourney.com/forums/topic/476156-marriage-between-first-cousins/

http://www.visajourney.com/forums/topic/113103-k1-visa-on-hold-as-texas-does-not-allow-first-cousin-marriage-what-to-do/

http://www.visajourney.com/forums/topic/102707-marrying-first-cousin/

[ugh 0]

She is actually my first cousin's cousin. As her mom is related to my first cousin's dad.

Not sure if that is a close within family according to the US.

I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!

We have no pictures besides the consistent nonstop whatsapp messages and skype calls from 5 months now.

Do you have any pictures together besides her being a guest at your wedding? Any other proof that you've seen each other within 2 years of filing?

[ugh 0]

Her parents don't really allow any sort of dating prior to marriage as the old school indian culture. One could never be sure about a woman, but for past 5 months that we been constantly talking to eachother. It has been wonderful and gotten better as time went.

How close is she to you - you say she is in your family.

The US doesn't like family members getting married (even first, second, third cousins).

This is your third petition now - don't you want to make sure you are both compatibable first? Go and visit her.

[ugh 0]

We met at my wedding end of 2014. That qualifies for me having met her in past 2 years. Am I correct?

To my European mindset, this seems very, very strange - but different cultures do different things, so...on the factual side:

You WILL be under a lot more scrutiny with your 3rd petition within 2 years (!) at USCIS. If you do file, include all evidence of previous filings and explain the situation well. Read up on IMBRA regulations.

Ensure you fulfill requirements for K1. Free and legal to marry is one. Having met within 2 years IN PERSON is the other. Submit evidence of that. This requirement will not be waived.

Ensure, the US allows you to marry - that's the relatedness bit. If you are related to closely, you cannot marry under Western laws. The I-129F forms have a tickbox for whether you two are related....

[ugh 0]

I live in NJ so I think they allow it even though she's not my cousin. She is actually my first cousin's cousin because my first cousin's dad and her cousin's mother are brothers and sisters in relation. I don't think we are directly related but we know them since I was a baby so we are in good family terms.

I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!

Edited April 1, 2015 by ugh

[TabeaK 516]

To be honest, I don't even have an understanding of what a first cousins' cousin is. I would not class that as related.

So you have met (can provide physical evidence?), once you are divorced you'd be free to marry and you are not closely related. Last stumbling block are the IMBRA regs and/or multiple filing. Can't help you with that, but there is a dedicated subforum on here for you to check out.