Former K1 fiancées that didn’t marry my groom and left US.

[Coleopter666 0]

Question from petition 11, I-129F:"Have you ever filed for this or any other alien fiance(е) or husband/wife before?"

My question is, should or shouldn’t we show that my fiancé already filled the K1 before and brought a bride to USA, that afterwards left before 90 days were over?

The two different lawyers that we asked about that matter, each gave us different information:

The first one suggested: we should definitely show, and on top of that, we should show the proof that she did leave USA.

The second one said: since the marriage did not happen, and the 90 day law was not broken, and mainly- no documents were filled in order to get the Green Card, so it will just delay our case for several more months.

I personally think that we should show that, because I’m concerned that the officers will see that he filled for another K1 in past anyway, write it or not.

My fiancé thou, thinks that I am not familiar with the American system and if no rules were broken with the last K1, we shouldn’t refer to it.

[gwenneh 7]

You will be asked about it and IMBRA laws that pertain to this will require that it be shown.

[DA BOMB 1]

Question from petition 11, I-129F:"Have you ever filed for this or any other alien fiance(е) or husband/wife before?"

My question is, should or shouldn’t we show that my fiancé already filled the K1 before and brought a bride to USA, that afterwards left before 90 days were over?

The two different lawyers that we asked about that matter, each gave us different information:

The first one suggested: we should definitely show, and on top of that, we should show the proof that she did leave USA.

The second one said: since the marriage did not happen, and the 90 day law was not broken, and mainly- no documents were filled in order to get the Green Card, so it will just delay our case for several more months.

I personally think that we should show that, because I’m concerned that the officers will see that he filled for another K1 in past anyway, write it or not.

My fiancé thou, thinks that I am not familiar with the American system and if no rules were broken with the last K1, we shouldn’t refer to it.

YES ! Tell your fiance you will run into problems if you dont list that information. IMBRA laws require that you file a waiver request if this past approved petition was within the past two years of filing this one. If it wasnt filed within the two years there's a good chance they will find that information when they do checks.

[Coleopter666 0]

And what exactly is "IMBRA"?

[msu17 0]

There's a forum on this site for IMBRA. From what I understand, which isnt a whole lot , its a thing meant to prevent US spouses who have a history of abuse etc from bringing a SO over here. My feeling is the question specifically asks: Question from petition 11, I-129F:"Have you ever filed for this or any other alien fiance(?) or husband/wife before?" and he has filed a petition, even though the marriage didnt occur, he should answer yes to this. It doesnt ask if you filed and then married, just did you file. He did, so yes! Good luck with your journey

[gwenneh 7]

That would be the International Marriage Brokers Act which was enacted last year.

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has 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 the current petition, the petitioner must request a waiver...."

[Coleopter666 0]

Ohh, man this doesnt sound good.. He did file 2 petitions in the past. How bad is is? What about that waiver? What does it do?

thanx 4 all your help btway!

[payxibka 10,048]

Ohh, man this doesnt sound good.. He did file 2 petitions in the past. How bad is is? What about that waiver? What does it do?

thanx 4 all your help btway!

This is still in its infancy, it is not that it doesn't sound good it is just another hurdle. What he will need to do is explain the particulars about the previous filings and then say... "I hereby request a waiver"... or something to that effect....

[kitkat1 5]

Never lie during the immigration process.

Never do business with a lawyer who tells you to do something illegal. The I-129F form clearly shows that you must tell the truth under penalty of perjury, fines and/or imprisonment.

Read up on IMBRA and read the I-129F form - it's all there.

[DA BOMB 1]

Ohh, man this doesnt sound good.. He did file 2 petitions in the past. How bad is is? What about that waiver? What does it do?

thanx 4 all your help btway!

There are example waiver letters that can help you get started then you will need supporting evidence etc. etc. You will file that letter (used as the waiver) with your petition. It is neessary especially since he's had two previous petitions.

Good Luck

[joeyjoey 1]

Question from petition 11, I-129F:"Have you ever filed for this or any other alien fiance(е) or husband/wife before?"

My question is, should or shouldn’t we show that my fiancé already filled the K1 before and brought a bride to USA, that afterwards left before 90 days were over?

The two different lawyers that we asked about that matter, each gave us different information:

The first one suggested: we should definitely show, and on top of that, we should show the proof that she did leave USA.

The second one said: since the marriage did not happen, and the 90 day law was not broken, and mainly- no documents were filled in order to get the Green Card, so it will just delay our case for several more months.

I personally think that we should show that, because I’m concerned that the officers will see that he filled for another K1 in past anyway, write it or not.

My fiancé thou, thinks that I am not familiar with the American system and if no rules were broken with the last K1, we shouldn’t refer to it.

USCIS will know that your Fiance applied for and that he (actually his fiancee) was awarded a VISA in a previous petition. If you answer "No", it would be an obvious lie. And it will not just "slip" past USCIS. Interesting that your Fiance thinks he is smarter than the "American system". Wow, that speaks volumes! Do the right thing today and you won't have to pay for it when USCIS starts the investigation.

Edited February 25, 2007 by joeyjoey

[ready4ONE 5,400]

I don't think you got very good advice from the attorney who suggested your fiance lie. His previous K-1 applications will be on file, and easily appear when your case is adjudicated.

As others have said, there is a waiver for this.

I don't want to dump on your dream, but you might ask yourself why your fiance has filed twice in the past for other women? This is not an easy process, and I for one won't be putting myself through it ever again. Fortunately I won't have too!

But if you two proceed, he should definately disclose his past filings, and explain what happened with each (hope he has also explained adequately this information to you) and request a waiver. Also as others have said, this is an obstacle, but not a barrier.

Good luck on your journey!

[Coleopter666 0]

Thanks 4 your answers!

I talked to him and figured that he has filed the particular K1 for one fiance, the second one was just someone who got to US with a J1 visa (work) that he didn't file, someone else. After he married her, he filed for green card for her, but she didn't get it and flew home. Does it count? Should I mention the second one in that paragraph? As I understood earlier from Gwen666, it makes a big difference whether he filed for 1, or 2 K1's.

Thanks in advance!

[LookyWhatIFound 38]

Thanks 4 your answers!

I talked to him and figured that he has filed the particular K1 for one fiance, the second one was just someone who got to US with a J1 visa (work) that he didn't file, someone else. After he married her, he filed for green card for her, but she didn't get it and flew home. Does it count? Should I mention the second one in that paragraph? As I understood earlier from Gwen666, it makes a big difference whether he filed for 1, or 2 K1's.

Thanks in advance!

Yes, the I-129F Form specifically asks: "Have you ever filed for this or any other alien fiance(e) or husband/wife before?"

"If YES give name of aliens, place and date of filing."

IMBRA would apply for 2 previously approved I-129Fs, or if the previous approved I-129F was within 2 years of the next I-129F filing.

A J1 doesn't seem to be part of the picture.

[Coleopter666 0]

Could someone please give me a link or something that could help me with writing the waiver, or explain how should it be written? thanx in advance!