Filing for K-1 for 2nd time for same beneficiary

[ejnot 1]

Hi all, I'm in bit of a pickle.

 

I (beneficiary) had my K-1 approved last year, entered the US in December, but due to a series of events, I ended up having to leave the country in January, before we could get married. 

From what I could find on the internet, I would have to apply for a new K-1. Fine, I thought. I've done it once, I can do it again.

 

However.

I'm now back in the US on an ESTA, preparing the paperwork for the new I-129F, when I come across the following A.I. summary on Brave search:

Quote

If a U.S. citizen has previously filed Form I-129F for the same beneficiary within the last two years, the new I-129F petition may not be approved unless the U.S. Citizenship and Immigration Services (USCIS) grants a discretionary waiver under INA §214(2)(B) and (C).23

If the U.S. citizen has filed two or more I-129F forms in the fiancé(e) category at any time in the past or had a prior I-129F fiancé(e) petition approved within the last two years, the new I-129F petition may also not be approved unless USCIS grants a discretionary waiver.23

To file a new I-129F petition for the same beneficiary, the U.S. citizen must provide detailed information about the previous petition, including the beneficiary's A-number, full name, date of filing, and the last action taken by USCIS.2

If the previous petition was denied, the U.S. citizen can include information explaining the reasons for the denial and any new evidence that supports the current petition.2

For more information, it is advisable to consult with an immigration attorney or refer to the official USCIS instructions for Form I-129F.

 

What does this mean? What are my chances of being granted this waiver? 

We really can't afford an immigration attorney, so we have to try to solve this issue ourselves. I don't want to go too deeply into the reasons I left, since they are personal, and I have no paperwork to justify my decision anyway.

 

Are my fiancé and I better off marrying and applying for a CR-1, or even waiting two years to apply again? What date will they be counting from? When we sent in the previous I-129F, or from I was granted the K-1 visa? Or even from the expiry date on the visa?

 

Grateful for any insights,
E.

 

[Edward and Jaycel 1,524]

You request the waiver right in the I-129F application (See the screenshot below) I highly recommend reading and becoming an A+ student of the instructions for the I-129F. The instructions in Part 3. state the following (I have Bolded and Italicized the part that would apply to your case, assuming the petitioner has no restraining orders in their history or specified criminal offences):

 

Item Numbers 5.a. - 5.d. Multiple Filer Waiver Request.

You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if:

 

1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or

 

2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition. Select the box that indicates the waiver you are requesting. You may request and support your waiver with additional information and/or explanation in Part 8. Additional Information, or by attaching a signed and dated letter according to the instructions for Part 8.

 

 

Edited Friday at 12:44 AM by Edward and Jaycel

[ejnot 1]

Thank you so much! That makes it feel so much more doable and less intimidating. Here I was, thinking we were an extreme outlier, but it turns out it's a common enough occurrence to be included in the form...? Who would have thought.

 

Yeah, it's been a year since I worked on the I-129F, so I find myself a bit rusty. But I also realise there's a lot I didn't pay attention to last time, since it didn't apply to us. The waiver, for example. I probably didn't even read the instructions for that part, since we didn't need it.

 

Thanks again,

E.

[Edward and Jaycel 1,524]

Just now, ejnot said:

Thank you so much! That makes it feel so much more doable and less intimidating. Here I was, thinking we were an extreme outlier, but it turns out it's a common enough occurrence to be included in the form...? Who would have thought.

 

Yeah, it's been a year since I worked on the I-129F, so I find myself a bit rusty. But I also realise there's a lot I didn't pay attention to last time, since it didn't apply to us. The waiver, for example. I probably didn't even read the instructions for that part, since we didn't need it.

 

Thanks again,

E.

 

Good deal... and the reason I say "Become an A+ student of the instructions" is because of personal experience. I did not read them carefully enough when I applied for Jaycel and it caused us to get an RFE which delayed our case by God-knows how long. Good luck on your journey and be sure to thoroughly explain the circumstances of the previous filing as described and I'm sure all will be good! Hoping for a speedy approval for you both!  

[Boiler 46,982]

Why a K1?

[ejnot 1]

18 minutes ago, Boiler said:

Why a K1?

You have any better suggestions that are faster? Current estimates seem to be 10 months for K1 and 18-24 months for CR1.

[OldUser 9,125]

37 minutes ago, ejnot said:

You have any better suggestions that are faster? Current estimates seem to be 10 months for K1 and 18-24 months for CR1.

10 months is overly optimistic and it doesn't include time to becoming an LPR. Adjustment of status can be lengthy and expensive.

[Lemonslice 5,166]

If you're currently in the US, and have no obligation back home, you could marry and adjust status.  Otherwise, you could marry and file for a spousal visa.  K1, fiancé visa, would be my last choice.  @Crazy Cat has a good list of pros and cons.

Edited Friday at 12:49 PM by Lemonslice

[Crazy Cat 43,740]

2 minutes ago, Lemonslice said:

If you're currently in the US, and have no obligation back home, you could marry and adjust status.  Otherwise, you could marry and file for a spousal visa.  K2, fiancé visa, would be my last choice.  @Crazy Cat has a good list of pros and cons.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1/Adjustment of Status
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

Edited Friday at 12:51 PM by Crazy Cat

[appleblossom 3,973]

10 hours ago, OldUser said:

10 months is overly optimistic and it doesn't include time to becoming an LPR. Adjustment of status can be lengthy and expensive.

 

I'd also say 24 months is overly pessimistic for a CR1, assuming the OP would be interviewing in Sweden.