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Filing a K3 or K1. After a failed K1 in last 1 month

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Hi All

Thanks in advance for listening

I had applied a K1 Fiance visa, which was awarded in about a year and then she came and we were just two different kind of people. It did not work out and she let/went back home and NO marriage took place.

Now I am faced with another issue where I found another woman who would like to marry me and come over to the USA.

I have following questions: -

1. Is there any issue in my case as I did not complete the first fiance and did not marry her?

2. Do I need to wait for any period of time before I apply again?

3. Should I apply for a K1 or K3? As K3 ( Spousal) seems to be taking longer.

PS: Los Angeles Service and Islamabad Pakistan Embassy

Thanks

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How long did you know the first fiance? And the second for that matter. Have you even met the second? I think, in my opinion only here, that it would cause some red flags. I know if that were job, it would be a red flag to me. A month later? How can you meet and fall in love again so fast? If accepted, you would have a lot of work ahead of you for proving it's a legit relationship.


Sent I-129F to Lewisville, TX: 10/21/2014
I-129F received in Lewisville, TX!: 10/23/2014

NOA1 - Text/Email: 10/28/2014

ARN updated: 10/28/2014

NOA2: 06/09/2015 (224 days)

Sent to NVC: 06/22/2015

NVC received: 06/30/2015

NVC Case Number received: 07/01/2015

Sent to Vancouver: 07/06/2015

Consulate received: 07/14/2015

Packet 3 sent: 07/14/2015

Packet 4 received: 07/16/2015

Medical: 08/14/2015

Interview: 08/18/2015 - APPROVED!

Received Visa: 08/21/2015

POE: 09/06/2015

Married: 10/25/2015

7BPctY3.jpg

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You can apply for a new K1 for the New Fiancee but if the previous K1 for the Previous Fiancee has been less then 2 years ago you have to file for a waiver. If that first K1 you did was over 2 years ago then you dont need to apply for a waiver and just fill out the I129-f as normal. To apply for a K3 you would need to go there and marry her first because K3 is a spousal visa


04-23-2015 Sent in the I-129f to the Dallas Lockbox

04-29-2015 USCIS cashed our check and sent us text and email our NOA1

05-04-2015 NOA1 paper copy received today

06-01-2015 Sent letter requesting petition for K-1 visa be withdrawn and terminated. We are no longer engaged.

XX-XX-2015

XX-XX-2015

XX-XX-2015

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Hi All

Thanks in advance for listening

I had applied a K1 Fiance visa, which was awarded in about a year and then she came and we were just two different kind of people. It did not work out and she let/went back home and NO marriage took place.

Now I am faced with another issue where I found another woman who would like to marry me and come over to the USA.

I have following questions: -

1. Is there any issue in my case as I did not complete the first fiance and did not marry her?

2. Do I need to wait for any period of time before I apply again?

3. Should I apply for a K1 or K3? As K3 ( Spousal) seems to be taking longer.

PS: Los Angeles Service and Islamabad Pakistan Embassy

Thanks

1. No

2. I don't know. I don't believe so though.

3. K1. And k3 is very rare. Perhaps you mean CR1? Since you're going through CSC with the k-1, yep, the K-1 would be faster.


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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Hi All

Thanks in advance for listening

I had applied a K1 Fiance visa, which was awarded in about a year and then she came and we were just two different kind of people. It did not work out and she let/went back home and NO marriage took place.

Now I am faced with another issue where I found another woman who would like to marry me and come over to the USA.

I have following questions: -

1. Is there any issue in my case as I did not complete the first fiance and did not marry her?

2. Do I need to wait for any period of time before I apply again?

3. Should I apply for a K1 or K3? As K3 ( Spousal) seems to be taking longer.

PS: Los Angeles Service and Islamabad Pakistan Embassy

Thanks

1. No

2. No. Include a simple waiver request ( one paragraph) with your new K1 petition in a letter, no big deal.

3. K3's have become obsolete, the I-129 will be administratively closed and you will follow the I-130 path.

If you marry her first and file a CR1 then no multiple petition waiver is needed.


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.

 

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USCIS approval will be no problem BUT to the embassy, given the short gap between your ex coming and you starting a new relationship, there

may be prolonged AP. Fast romance from one to the next is frowned upon. Islamabad is not an easy embassy.

You mentioned in the other thread that you thought your ex will remain in the US somewhere, so has she truly left to go back to her country ?

If not that will look bad for future petitions. The gap between one relationship ending and another starting is just too close.

My advice is slow down !


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.

 

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