K1 Fiance' Not Stay

[aaron2020 11,651]

1 minute ago, 2018JNJ said:

She is back in PH now.

Should I withdraw the petition or let it die?

Does withdrawing have any effect, positive or negative, on any future endeavors?

Would her abandoning me and not staying more than 2 weeks be good enough for a waiver?

 

It is a sad situation because she could've been happy here with me and the US.

She just didn't want to try.  We still talk, but it's time to move on.

 

Thanks for all your guys/gals help.

 

jj

There's nothing to withdraw or to let die.  She used the K-1 visa, so it's over.  

 

She did not abandon you.  She broke up with you and went home.  Abandonment is when you're living together and she leaves without telling you.  You're not going to get a waiver just because a relationship ended.  

[2018JNJ 141]

17 minutes ago, aaron2020 said:

.  You're not going to get a waiver just because a relationship ended.  

So what are grounds for a waiver?

 

jj

[Carpe Vinum 2,308]

5 minutes ago, 2018JNJ said:

So what are grounds for a waiver?

 

jj

No grounds. Just list that you petitioned and she returned to the Philippines within x amount of time. These waivers are granted routinely unless you are a multiple/abuser filer. I have even seen those approved.

[Hank_ 9,171]

21 minutes ago, 2018JNJ said:

So what are grounds for a waiver?

 

jj

 

The waiver is not difficult, check the box then write a short letter - tell it like it happened.    

[2018JNJ 141]

Yeah, that's what I thought.

Thanks again for everyone's help.

 

jj

[Chris Duffy 1,256]

The waiver is a simple piece of paper you write asking for a waiver, no big deal. 

 

The USCIS may remove it at any time as well, when I did my 2nd K1 it wasn't part of the USCIS requirement.  

 

I would also look into doing CR1 if the processing times are running same time length.

 

I have done 3 K1's in Philippines and here are my approval times for the K1's

 

1st - 28 days

2nd - 300 days

3rd - 24 days

 

CO at Interview in Manila never mentioned anything about my prior K1's.  

 

 

[2018JNJ 141]

Thanks Duffy.

I hope the other one, if there is one, goes pretty swift..I'm not getting any younger.

😁

 

jj

[Commish10 427]

On 4/9/2019 at 5:59 PM, geowrian said:

No limits on the spousal visa process. No multiple filer waiver needed for it either.

 

I-129F multiple filer waiver = basically signed letter stating the circumstances of past petitions. It's routinely approved. There's no official form....just a letter you write.

It has no bearing on the waiver, although I wouldn't be too surprised if a new beneficiary was asked about it asked about the interview (so they are aware of the past beneficiary).

 

Note that there is a multiple filer waiver also if you have filed 2 I-129Fs in the past ever (not just the 2 within 2 years criteria). Hopefully you never reach the point where that becomes relevant.

Yes, my fiancee was asked about a previous petition that I filed. 

[2018JNJ 141]

I noticed the processing times for CR-1 are like 400+ days.  Does that hold true for PH marriages?  I thought K1 and CR-1 were running about the same amount of time. 

Researching marriage in PH seems to be at least a 2 trip affair as there are multiple waiting periods of 10+ days.

So any thoughts about best way now to be with loved ASAP here in USA?

 

Thanks again..

jj

[Hank_ 9,171]

1 hour ago, 2018JNJ said:

I noticed the processing times for CR-1 are like 400+ days.  Does that hold true for PH marriages?  I thought K1 and CR-1 were running about the same amount of time. 

Researching marriage in PH seems to be at least a 2 trip affair as there are multiple waiting periods of 10+ days.

So any thoughts about best way now to be with loved ASAP here in USA?

 

Thanks again..

jj

 

When calculating the timeline, do include the time it will take to get the PSA  (certified copy) of your marriage certificate.

 

I-130 does take longer.   Petition times are about the same at USCIS.  When the approved petition reaches NVC is where the K-1 moves ahead as there is processing for the I-130 to complete at NVC.   Embassy process is, almost, the same.

[2018JNJ 141]

Okies..have some more questions.. 🙂

My exf departed 10 days after her POE of March 27th.

I haven't withdrawn the petition, as she cannot come back to the US and it will die 90 days from March 27th.

 

I am interested in someone else..and she in me.

She wants to marry in PH and to go the CR1 route.

How soon can this happen?

I mean how soon can I go there, get married in PH, and file I130?

Do I need to wait until the 90 days are up on the previous K1?

Is there any disclosure to USCIS on the CR-1 about a previous K1?

Is it possible for a USC to get married in PH within a 2 week period?

Or will this take multiple trips?

 

Just asking..no firm plans yet.

 

Thanks.

jj

[Hank_ 9,171]

26 minutes ago, 2018JNJ said:

Okies..have some more questions.. 🙂

My exf departed 10 days after her POE of March 27th.

I haven't withdrawn the petition, as she cannot come back to the US and it will die 90 days from March 27th.

 

I am interested in someone else..and she in me.

She wants to marry in PH and to go the CR1 route.  Cheaper that the K-1, takes a little longer.   To me the smarter move, knowing what I know now I would have done this.

How soon can this happen?

I mean how soon can I go there, get married in PH, and file I130?  Today ..

Do I need to wait until the 90 days are up on the previous K1?  No

Is there any disclosure to USCIS on the CR-1 about a previous K1?  No.

Is it possible for a USC to get married in PH within a 2 week period?   Doubtful

Or will this take multiple trips?   Multiple trips most likely.   Check with the city where you want to marry for their requirements

 

Just asking..no firm plans yet.

 

Thanks.

jj

 

How soon --     today soon enough to fly over to get married.    There isn't a time limitation for the petition process.

 

Can you get married in two weeks in the Philippines -- doubt it, just applying for and receiving the marriage license is a 10 day wait, and there are more requirements to complete.   Best to check with the city/local registry where you plan to marry.

 

FYI the old petition "died" when the embassy issued the visa, nothing to withdraw.

 

The K-1 visa "died" when the EXF cleared POE, the "right to adjust status dies in 90 days if you do not marry" and being she left the USA already .. it died an early death.

 

A

Edited April 18, 2019 by Hank_

[Boiler 43,397]

I was wondering if you had a back up, just as well as it turned out.

[Going through 5,668]

53 minutes ago, 2018JNJ said:

My exf departed 10 days after her POE of March 27th.

I haven't withdrawn the petition, as she cannot come back to the US and it will die 90 days from March 27th.

 

I am interested in someone else..and she in me.

She wants to marry in PH and to go the CR1 route.

That's quite the turnaround time, but nonetheless..as you're in a hurry you luckily have no required waiting time and can marry the 2nd lady asap.

Hopefully this one works out for you.

[payxibka 10,044]

4 hours ago, 2018JNJ said:

 

How soon can this happen? How soon can you get there?

I mean how soon can I go there, get married in PH, and file I130? See previous answer

Do I need to wait until the 90 days are up on the previous K1? no, why would you think so?

Is there any disclosure to USCIS on the CR-1 about a previous K1? Not previous K1 but previous I-129F petition is disclosed

Is it possible for a USC to get married in PH within a 2 week period? Only if you can apply for the marriage license on Day 1 of your arrival.  The biggest hurdle to that is the premarital seminars and the Affidavit from the Embassy/Consulate which are need to be completed before they will accept the license application.

Or will this take multiple trips? Can be done in one trip but see previous answer immediately above