Possible deterrents to K1 visa

[Bill and Soumanti 0]

Aloha,

Soumanti and I were long time residents of Tourist Visa forum. That plan came to a crashing end last week

when Soumanti's application was denied. So now this forum becomes our new address. Even if the B2 was

approved, we would have ended up here in time. It's sad that we arrive under these circumstances, but nevertheless

we will not be stopped in our quest for a life together.

Plan B is for me to visit her, assemble 95% of the packet together then come home and file. I have a two concerns

about the K1 and would appreciate opinions.

1. Will the denial of the B2 have any impact on the K1??

2. This is my third petition. The first was in 2007 which resulted in the marriage to a lovely person. Unfortunately problems

developed and we divorced in 2012. The second petition was filed in February of this year. During the time that her

paperwork made it's way to the embassy, she became very abusive to me. This caused me to want to end the process.

The easy thing to do would have been to let it die on it's own. However I knew filing another petition at some point in the future

was a possibility, so I wanted to terminate the process in a proper manner. I wrote to USCIS asking that the petition be withdrawn. They

replied that all the paperwork has already been sent to the embassy and I would need to contact the embassy. I then sent the

embassy a paper letter requesting the petition be withdrawn. A few weeks later I got a form letter back that clearly stated that the

petition was withdrawn due to petitioner's request. In my mind, I handled everything in a responsible and appropriate manner.

Assuming Soumanti and I submit a perfect packet, is it possible these two petitions (especially the recent one) will cause us

problems??? I am thinking of adding to our packet a letter from me explaining the situation (similar to what I did here) and including

my letter to the embassy and their reply. I am also considering asking Soumanti to included a letter stating she is aware of all this

and harbors no reservations in perusing the K1 with me.

Mahalo for reading this lengthy post,

Bill and Soumanti

[Unshakable Faith 493]

The denial of the B2 should not be a problem depending on what the denial was for.

I'll let someone else comment on the 2nd question because I know there might be a waiver that has to be done but I am not completely sure. User "Vol" usually answers those questions pretty well!

[Hypnos 6,576]

You will require an IMBRA multiple filings waiver due to this being your third K-1 petition using an I-129F. For further details read pages 2-4 of the I-129F instructions.

Edited September 6, 2015 by Hypnos

[Bill and Soumanti 0]

Mahalo. That was exactly what I was looking for. Can I assume that when we receive the NOA2, that we

have cleared the hurdle?? Also, would it be beneficial for Soumanti to include a letter of support??

[KayDeeCee 4,892]

From the I-129F instructions > http://www.uscis.gov...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; or
b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously
approved petition.

To request a waiver, submit a written request with this petition accompanied by documentation supporting your claim
to the waiver.

When you get the NOA2 petition approval notice, you are over the petition 'hurdle', unless the Dept. of State somewhere along the lines deems that it was approved in error and sends it back. You will then need to get past the K-1 visa interview 'hurdle'.

What is a letter of support from the foreign fiance(e)?

[Bill and Soumanti 0]

By letter of support I mean a letter from Soumanti stating she is fully aware of everything and has no

apprehensions about moving forward with me.

[KayDeeCee 4,892]

Probably not necessary, but couldn't hurt to go along with your waiver letter for multiple filings.

[Bill and Soumanti 0]

Do you have personal experience with this??

[TBoneTX 43,413]

KayDeeCee is a thorough student of the immigration process and is among the premier VJ members who provide highly reliable advice. You can trust what she says.

[Bill and Soumanti 0]

Mahalo. That's what's so awesome about this site. We are in the early stages of planning our trip,

Please send us positive vibes.

[TBoneTX 43,413]

Vibes, positive.

[Bill and Soumanti 0]

Another question if I may. If Soumanti and I got married during our trip and we filed for an

IR1, would this problem go away??

[KayDeeCee 4,892]

Do you have personal experience with this??

No, no personal experience with multiple filings. I have only filed the one petition for my husband.

KayDeeCee is a thorough student of the immigration process and is among the premier VJ members who provide highly reliable advice. You can trust what she says.

Thank you for the grand endorsement. Your check will be in the mail.

Another question if I may. If Soumanti and I got married during our trip and we filed for an

IR1, would this problem go away??

If you get married soon and file an I-130 to start the spousal visa process, she would be receiving a CR-1. The CR-1(conditional residence visa) is for those married less than 2 years.

You would not have to include a letter of waiver for multiple filings with the I-130, but the form still asks for info on others you have previously petitioned. I imagine it could be brought up at either type of interview, as they will want to be sure you have a bona fide relationship whether engaged or already married.

[Anh map 2,098]

You (the petitioner) could be subject to some extra scrutiny having already petitioned for an alien spouse/fiance(e). You may be requested to submit information as to your ex spouse's whereabouts, living situation, etc. This can happen at any time in the process including the embassy interview.

It isn't a huge hurdle, but it can be a pain in the butt. Especially if your relationship with your ex isn't cordial.

It may or may not happen. But being prepared is better than it cropping up at the last minute in the interview.

I am speaking from personal experience.

Edited September 6, 2015 by Anh map

[Boiler 43,704]

Cheque

Only English in the upper forums.