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Yazan

Second K1 Petition

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Hello,

 

Me and my fiance met in May, and we have decided to get married. The issue here and we are confused with is that, my fiance was previously married to a Spanish and he filed I129F for him, It got approved but they never proceed with the further K1 visa process and that form eventually got expired. Also my Fiance moved to Spain but their marriage did not worked out and he moved back to the US. After that we met online and after 9 months we met in May and now he is filling for divorce to his first marriage. Will it cause any issue for us since he filed for his previous fiance an I129F (which they never proceeded with)? Also, we have an age gap of 27 years and are a same-sex couple. His previous marriage was also a same-sex marriage.

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37 minutes ago, Yazan said:

Hello,

 

Me and my fiance met in May, and we have decided to get married. The issue here and we are confused with is that, my fiance was previously married to a Spanish and he filed I129F for him, It got approved but they never proceed with the further K1 visa process and that form eventually got expired. Also my Fiance moved to Spain but their marriage did not worked out and he moved back to the US. After that we met online and after 9 months we met in May and now he is filling for divorce to his first marriage. Will it cause any issue for us since he filed for his previous fiance an I129F (which they never proceeded with)? Also, we have an age gap of 27 years and are a same-sex couple. His previous marriage was also a same-sex marriage.

You might get some questions at the interview. All depends on the timeline of when that happened. 

 

Also it is not a visa issue, but I would be careful of giving up my life at home because of his previous history... Also all this depends on the timeline he had with the other guy.... Also would be beneficial to discuss if u r in a monogamous relationship or the two of u can play separately or together so it wont be a surprise and nobody will be miserable....

 

As 129F he can file it without an issue but as far as i know he will need a multiple filers wavier because of the previous 129F.

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He is not into poly-amorous relationship, he was in a relationship with a man for 20 years and this tells a lot about him, i am also not into multiple relationship. Its very common in gay culture but we are different. So i am very positive in him, his previous relationship with Spanish guy broke up because he was ashamed of his sexuality. He was a confused personality and he would pick on my fiance time to time, this is the reason their relationship ended. 

He filed for I-129F  1.5 years ago and it got approved but my question is that they didn't proceeded with it. So does it have any implication on our new I-129F? And if we have to file a waiver, is that reason will be valid enough that there were irreconcilable differences between them in order to gain a waiver?

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3 hours ago, ineedadisplayname said:

 

 

As 129F he can file it without an issue but as far as i know he will need a multiple filers wavier because of the previous 129F.

Waiver requuired only if it is the second petition within 2 years or the third petition overall.


YMMV

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Does my fiance have to type a letter to the USCIS specifying the conditions of previous approved I-129F, is there any specific format and do we have to send this letter in the packet with I-129F?

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2 hours ago, Yazan said:

Does my fiance have to type a letter to the USCIS specifying the conditions of previous approved I-129F, is there any specific format and do we have to send this letter in the packet with I-129F?

Are you requesting a waiver?  If so, under which pretense 


YMMV

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9 hours ago, Yazan said:

Hello,

 

Me and my fiance met in May, and we have decided to get married. The issue here and we are confused with is that, my fiance was previously married to a Spanish and he filed I129F for him, It got approved but they never proceed with the further K1 visa process and that form eventually got expired. Also my Fiance moved to Spain but their marriage did not worked out and he moved back to the US. After that we met online and after 9 months we met in May and now he is filling for divorce to his first marriage. Will it cause any issue for us since he filed for his previous fiance an I129F (which they never proceeded with)? Also, we have an age gap of 27 years and are a same-sex couple. His previous marriage was also a same-sex marriage.

Make sure he does not file the new I-129f until his current divorce is absolutely final with decree in hand.

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Divorce is in the process, without it USCIS will reject our application. Since he is not a criminal and convicted felon, we are choosing the option General Waiver, as his records are clean. Do we have to submit his police clearance certificate as well?

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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