re-filing K1

[mizz 0]

Hello, I need help on filling for K1. My first K1 visa was granted two years ago and my fiance came here Jan 2006 and left before the 90 days period allowed. Unfortunately, we didnt get married. Now I'm trying to file again a K1 visa with the same fiance as the first one but I'm confuse whether if I should put.....

1. the Social Security # for my fiance/beneficiary in the I-129F

(8. US Social Security #).

2. G-325A Biographic Info, under FILE NUMBER

(should i put my fiance/beneficiary alien# from the first K1 visa?)

3. G-325A Biographic Info, under US Social Security #

(should i put my fiance/beneficiary ss#?)

4. G-325A Biographic Info, under APPLICANT'S RESIDENT LAST 5 YRS

(should i put the address where my fiance/beneficiary stayed while in the US?)

5. G-325A Biographic Info, under APPLICANT'S EMPLOYMENT LAST 5 YRS

(should i put my fiance/beneficiary employment since he worked here while staying for 90 days?)

Hopefully it will be a great help if any of my question answered. Thanks.

[bszoom42 0]

Yes, you should provide the answers to those questions truthfully, and attach extra sheets to explain if required. Definitely provide your fiance's alien number and social security number, and if he has none, write none. Why did your fiance leave early prior to marriage? You might want to detail those reasons as an attachment to your application.

I wouldn't worry, since you got through the first time, the second time through should be even easier. Best of luck!

[Otto 83]

Hello, I need help on filling for K1. My first K1 visa was granted two years ago and my fiance came here Jan 2006 and left before the 90 days period allowed. Unfortunately, we didnt get married. Now I'm trying to file again a K1 visa with the same fiance as the first one but I'm confuse whether if I should put.....

1. the Social Security # for my fiance/beneficiary in the I-129F

(8. US Social Security #). Yes

2. G-325A Biographic Info, under FILE NUMBER

(should i put my fiance/beneficiary alien# from the first K1 visa?) Yes

3. G-325A Biographic Info, under US Social Security #

(should i put my fiance/beneficiary ss#?)Yes

4. G-325A Biographic Info, under APPLICANT'S RESIDENT LAST 5 YRS

(should i put the address where my fiance/beneficiary stayed while in the US?) I would think, having only been here less than 90 days, that wherever she stayed would not be considered a residence. But don't leave a gap on your G-325A's residency lists.

5. G-325A Biographic Info, under APPLICANT'S EMPLOYMENT LAST 5 YRS

(should i put my fiance/beneficiary employment since he worked here while staying for 90 days?) If you listed a residence in the US and feel it necessary, yes. But don't omit this (or any other information) as a matter of deception, only base it on relevance.

Hopefully it will be a great help if any of my question answered. Thanks.

This is only a layman's opinion though - as far as the residency and work goes - it's really a matter of relevancy - but if you have any doubts - list them, since it is the truth.

[mizz 0]

Since my first K1 visa was approved and my fiance went here in USA and left before the 90 days (we didn't get married), would you guys think I could apply again for K1 visa with the same fiance and get approve? I know for the new I-129F application "FILLING LIMITATION ON K NONIMMIGRANT" you need to make a waiver if you had a previous K1 approved for the past two years, explain why the marriage didnt happen with all the proper/valid documents. My fiance left the USA because we both felt we werent ready yet to get married. since it has been two years now, we both mature and feel we need to be in each others arm that's why I want to file for K1 visa again. would you guys think the INS would considered that explanation why we didnt get marry in the first place? I'm so confuse right now. I'm thinking of hiring a lawyer to file for my visa but then again the lawyer's fees are way too much (ridiculous).i need your help fellow visa journey members.

[Nagishkaw 510]

Yes, you need to write a request for a waiver. Here is a good read :

http://www.visajourney.com/forums/index.php?showtopic=53412

[pushbrk 13,624]

Since my first K1 visa was approved and my fiance went here in USA and left before the 90 days (we didn't get married), would you guys think I could apply again for K1 visa with the same fiance and get approve? I know for the new I-129F application "FILLING LIMITATION ON K NONIMMIGRANT" you need to make a waiver if you had a previous K1 approved for the past two years, explain why the marriage didnt happen with all the proper/valid documents. My fiance left the USA because we both felt we werent ready yet to get married. since it has been two years now, we both mature and feel we need to be in each others arm that's why I want to file for K1 visa again. would you guys think the INS would considered that explanation why we didnt get marry in the first place? I'm so confuse right now. I'm thinking of hiring a lawyer to file for my visa but then again the lawyer's fees are way too much (ridiculous).i need your help fellow visa journey members.

You will need to write a letter requesting an waiver of the IMBRA filing limitation. Just explain that the two of you decided your weren't ready to get married the first time. Now more time has passed and your relationship has matured, so you're ready to marry. It can be just a few sentences. Keep it simple and to the point.

[payxibka 10,048]

Since my first K1 visa was approved and my fiance went here in USA and left before the 90 days (we didn't get married), would you guys think I could apply again for K1 visa with the same fiance and get approve? I know for the new I-129F application "FILLING LIMITATION ON K NONIMMIGRANT" you need to make a waiver if you had a previous K1 approved for the past two years, explain why the marriage didnt happen with all the proper/valid documents. My fiance left the USA because we both felt we werent ready yet to get married. since it has been two years now, we both mature and feel we need to be in each others arm that's why I want to file for K1 visa again. would you guys think the INS would considered that explanation why we didnt get marry in the first place? I'm so confuse right now. I'm thinking of hiring a lawyer to file for my visa but then again the lawyer's fees are way too much (ridiculous).i need your help fellow visa journey members.

If you read the law the filing limitation is for multiple filings when it involves more than one alien beneficiary. There has been some anectodotal evidence that the USCIS has not made that distinction and might request a waiver even when it happens to be the same alien beneficiary.

Edited June 11, 2007 by fwaguy

[payxibka 10,048]

You will need to write a letter requesting an waiver of the IMBRA filing limitation.

Read the law as it relates to same or different alien beneficiaries and the multiple petition limitation.

Yes, you need to write a request for a waiver. Here is a good read :

http://www.visajourney.com/forums/index.php?showtopic=53412

Yes, the USCIS appears to be adjudicating or was adjudicating improperly.... I have not read anything recent to know if this has been corrected or not...

[mizz 0]

If i'm not mistaken the K1 visa was approved July 2005 and my fiance went here January 2006 and left April of the same year before the 90 days allowed. So if i'm going to apply now, would you guys think it still fall under the IMBRA filing limitation for K nonimmigrant??

[payxibka 10,048]

If i'm not mistaken the K1 visa was approved July 2005 and my fiance went here January 2006 and left April of the same year before the 90 days allowed. So if i'm going to apply now, would you guys think it still fall under the IMBRA filing limitation for K nonimmigrant??

Technically the answer is no, but there is no harm in including a waiver request in your petition filing even if it is determined you do not need it.....

[mizz 0]

is there any sample letter for the waiver for FILLING LIMITATION ON K NONIMMIGRANT?