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michael2533

need to understand k1 requirement

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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

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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.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

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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.


2015-10-13 Married in Phú Yên, Việt Nam

I-130

2016-01-04 NOA1

2016-05-16 NOA2 133 days from NOA1

NVC

2016-08-11 Case complete

Consulate

2016-10-31 Interview 81 days from case complete, 301 days from NOA1

2016-11-05 Visa received

POE

2016-11-17 Seattle-Tacoma

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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. :bonk:

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 by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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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 by Hank_

Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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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.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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