need to understand k1 requirement

[michael2533 0]

I am not positive if we can file I-129 yet please help

the issue is that my fiancée that lives in china , I am us citizen born here lived all my life here . my fiancée has had a k1 approved in the past but went back to china before applying green card because her husband got another woman pregnant . ok here is my question her x filed her I-129 march 12 2012 was approved January 18 2013 , she came here march 15 2013 on approved k1 they got married June 9 2013 , she went back to china july 7 2013 , divorce was finished august 14 2014 . i read that you can not apply i-129 if less than 2 years from last one , so what date is it from aproved , divorced , returned to china ? when can i submit i-129 im confused what date to go by ! please help me understand

[Pitaya 2,576]

Welcome to the forum.

Carefully read and review Page 2 of the Form I-129F instructions: http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf You throw out too many confusing dates, many of them are not relevant for purposes of this discussion, the one that counts is specifically mentioned in the instructions:

You previously had a K-1petition approved and less than 2 years have passed since the filing date of such previously approved petition.

(emphasis added)

You need to check and see how that fits into your fiancee's dates, and file the required waiver as necessary.

Good luck on your visa journey.

[B and H 18]

Welcome to the forum.

Carefully read and review Page 2 of the Form I-129F instructions: http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf You throw out too many confusing dates, many of them are not relevant for purposes of this discussion, the one that counts is specifically mentioned in the instructions:

You previously had a K-1petition approved and less than 2 years have passed since the filing date of such previously approved petition.

(emphasis added)

You need to check and see how that fits into your fiancee's dates, and file the required waiver as necessary.

Good luck on your visa journey.

But doesn't that instruction apply to the petitioner? The beneficiary in this case had a previous K-1 petition, but the OP hasn't mentioned previously filing for anyone.

[Pitaya 2,576]

But doesn't that instruction apply to the petitioner? The beneficiary in this case had a previous K-1 petition, but the OP hasn't mentioned previously filing for anyone.

I do believe that you are correct, the Form I-129F is used for vetting of the USC petitioner...Me bad.

However, I will say that the foreign fiancee (beneficiary) will be processed through the Guangzhou (GUZ) consulate. The GUZ is a tough consulate, in a known high-fraud country. As a consequence, it is fair to say, that with the beneficiary's recent previous visa activities, she should be prepared for the very likely increased concern and scrutiny by the consulate staff.

It would behoove the petitioner to seriously consider "front-loading" the I-129F petition with as much bonafide relationship evidence as possible (examples of the requisite types of evidence can be found in the VJ K1 Visa Guide).

Good luck on your immigration journey.

Edited January 3, 2016 by Pitaya

[Hank_ 9,171]

I am not positive if we can file I-129 yet please help

the issue is that my fiancée that lives in china , I am us citizen born here lived all my life here . my fiancée has had a k1 approved in the past but went back to china before applying green card because her husband got another woman pregnant . ok here is my question her x filed her I-129 march 12 2012 was approved January 18 2013 , she came here march 15 2013 on approved k1 they got married June 9 2013 , she went back to china july 7 2013 , divorce was finished august 14 2014 . i read that you can not apply i-129 if less than 2 years from last one , so what date is it from aproved , divorced , returned to china ? when can i submit i-129 im confused what date to go by ! please help me understand

You have not petition anyone before... so all is good as to the I-129F petition. Just remember you need to have met IN PERSON within two years of filing.

Edited January 3, 2016 by Hank_

[baron555 934]

I am not positive if we can file I-129 yet please help

the issue is that my fiancée that lives in china , I am us citizen born here lived all my life here . my fiancée has had a k1 approved in the past but went back to china before applying green card because her husband got another woman pregnant . ok here is my question her x filed her I-129 march 12 2012 was approved January 18 2013 , she came here march 15 2013 on approved k1 they got married June 9 2013 , she went back to china july 7 2013 , divorce was finished august 14 2014 . i read that you can not apply i-129 if less than 2 years from last one , so what date is it from aproved , divorced , returned to china ? when can i submit i-129 im confused what date to go by ! please help me understand

There is no time limit between filings, especially for the beneficiary. Submit today.