3rd K1 application

[Joe12pack 0]

Some background - im a US citizen living in the US. In 2004 I did a K1 for a Brazilian, got married and divorced shortly after. Then last year in November I started a K1 for a Vietnamese woman (I was born in Vietnam) but decided at the last minute I wasn't in love with this girl and I canceled the application. I came back to Vietnam a week ago and reuinited with someone that I realized was the girl I really love and want to do a K1 for her. I am aware the 3rd petition requires a waiver. The way I read the rules was that two prior "approved" k1's requires a waiver but I'm questioning if the 2nd one was actually approved as I don't think we got that far. I withdrew the petition about 3 months in about the time they sent a letter asking for proof I had visited my fiancé (boarding pass). 

 

My attorney doesnt seem to be that confident as maybe she's never dealt with this situation. Can anyone help? Is it two applications or two approved? 

[karice 29]

On 2/22/2017 at 2:28 AM, Joe12pack said:

Some background - im a US citizen living in the US. In 2004 I did a K1 for a Brazilian, got married and divorced shortly after. Then last year in November I started a K1 for a Vietnamese woman (I was born in Vietnam) but decided at the last minute I wasn't in love with this girl and I canceled the application. I came back to Vietnam a week ago and reuinited with someone that I realized was the girl I really love and want to do a K1 for her. I am aware the 3rd petition requires a waiver. The way I read the rules was that two prior "approved" k1's requires a waiver but I'm questioning if the 2nd one was actually approved as I don't think we got that far. I withdrew the petition about 3 months in about the time they sent a letter asking for proof I had visited my fiancé (boarding pass). 

 

My attorney doesnt seem to be that confident as maybe she's never dealt with this situation. Can anyone help? Is it two applications or two approved? 

What was the last piece of communication you received from them on your last case?

[Joe12pack 0]

The last thing I heard was a letter asking me to send additional documentation to prove I saw her (I believe they wanted a boarding pass). So I'm guessing since I never responded to that request they would not have approved my visa (I129F?).

[karice 29]

Just now, Joe12pack said:

The last thing I heard was a letter asking me to send additional documentation to prove I saw her (I believe they wanted a boarding pass). So I'm guessing since I never responded to that request they would not have approved my visa (I129F?).

When was that? Your petition could still be in RFE limbo

[Joe12pack 0]

I received that letter asking for more docs end of January and I requested my attorney withdraw my petition early Feb. I've had several conversations with my attorney about this and she had to look up what the rules are on the 3rd request. At first she told me I would need to do a waiver. Then I kept re-reading the requirements and started questioning whether I have had two "approved" petitions. Now my attorney seems to agree that the 2nd one never got that far. I asked my attorney how we can confirm how far the 2nd one got and haven't heard anything back. But I have kind of lost faith that this attorney is that experienced in this. Seems like everyone can do the easy cases but the cases that are less typical like this is what separates the pros from the rookies.

[karice 29]

5 minutes ago, Joe12pack said:

I received that letter asking for more docs end of January and I requested my attorney withdraw my petition early Feb. I've had several conversations with my attorney about this and she had to look up what the rules are on the 3rd request. At first she told me I would need to do a waiver. Then I kept re-reading the requirements and started questioning whether I have had two "approved" petitions. Now my attorney seems to agree that the 2nd one never got that far. I asked my attorney how we can confirm how far the 2nd one got and haven't heard anything back. But I have kind of lost faith that this attorney is that experienced in this. Seems like everyone can do the easy cases but the cases that are less typical like this is what separates the pros from the rookies.

As long as the withdrawal was successful, you shouldn't have an issue. But, you can always call yourself and check. 

[Joe12pack 0]

Ok thanks. Just call the State department? I'll see if I can find a number. 

[karice 29]

No, there's a general inquiry number for your petitions. It should be somewhere with your I129f stuff

[David&Femke 91]

19 minutes ago, Joe12pack said:

I received that letter asking for more docs end of January and I requested my attorney withdraw my petition early Feb. I've had several conversations with my attorney about this and she had to look up what the rules are on the 3rd request. At first she told me I would need to do a waiver. Then I kept re-reading the requirements and started questioning whether I have had two "approved" petitions. Now my attorney seems to agree that the 2nd one never got that far. I asked my attorney how we can confirm how far the 2nd one got and haven't heard anything back. But I have kind of lost faith that this attorney is that experienced in this. Seems like everyone can do the easy cases but the cases that are less typical like this is what separates the pros from the rookies.

you widdrew your last petition on februari, this februari??

Personally I think you should wait before filling a new petition. Not so much because they might say no. But you only just desided you want to be with this girl now. You have already changed your mind two times before. It is a really short time to tell if you wnat to spent your life with someone.

It sounds to me like you might be going trough a bit of an unsertain time right now, and maybe you just really want to be with someone to start the rest of your life and a famely. but the K1 prosses is a very stressfull time that puts a lot of pressure on a relationship.

Dont do that to yourself and to your girl. Spent time with eachother build a relationship first, that is also what the USCIS likes to see in the end. But it will also help your relationship survive in the long run, people dont magicaly fit perfectly together, it cost work and time, but it pays off.

[shayden10 78]

I think you should slow down and really get to know and spend time with this girl. Like David&Femke said, you seem to be in an uncertain time right now, or maybe you feel rushed to settle down and start a family. A K1 is not easy, it's a lot of time, money, and stress. The commitment is 100% real when she gets here and you get married. Not to mention within a week you met this girl and she wants to move to the states, you should be careful and really get to know her and her motives. USCIS likes to see proof of relationship, and while it may not give you problems, it may not look good that you withdrew your petition at the beginning of February and have now found a new love and would like to begin a new petition and it's not even the end of February.

My husband and I fell in love the night we met, so I understand the feeling that you just know it's right. But at the same time my husband and I were able to live together for 5 months in my home country and had time to build that love, we spent two years long distance which was difficult and really tested our relationship but that only made our love more real and made the K1 process and leaving my home more worth it. Being long distance also allowed us to travel and explore, we went on vacations we otherwise may not have done and got to know different sides of each other. One week is not long enough to build love and trust, it is not a foundation for a relationship that will last a lifetime. Even when people get engaged a week after meeting, they usually spend months together before the wedding. 

I think you should consider getting the opinion of a lawyer who has more experience with K1 visas or calling USCIS yourself to get the prior petition and waiver figured out should you decide to move forward with another K1. 

I wish you luck in whatever you choose to do!