Is it possible to apply for a spousal/marriage visa after having had two approved K1 Visas?

[carwhisperer 2]

Hopefully this question is simple enough. 

[pushbrk 14,393]

Possible, yes.  Note that your previous history regarding those petitions and beneficiaries are going to be relevant in your new process.  Any who currently have green cards are going to count in your household size regarding sponsorship income requirement, and if it appears you are serving as a serial source of US Immigration Benefits, you may have a petition or visa denied.  The actual facts matter, but having filed previous petitions is not in and of itself a disqualifier.

 

The I-130 asks about previous petitions and results. You must be accurate and truthful when you answer.

 

[wildbug100420 427]

52 minutes ago, carwhisperer said:

Hopefully this question is simple enough. 

Don't forget about I-864 obligations. Not sure about your previous spouses and whether they became US citizens, or left the US.

[carwhisperer 2]

46 minutes ago, pushbrk said:

Possible, yes.  Note that your previous history regarding those petitions and beneficiaries are going to be relevant in your new process.  Any who currently have green cards are going to count in your household size regarding sponsorship income requirement, and if it appears you are serving as a serial source of US Immigration Benefits, you may have a petition or visa denied.  The actual facts matter, but having filed previous petitions is not in and of itself a disqualifier.

 

The I-130 asks about previous petitions and results. You must be accurate and truthful when you answer.

 

Appreciate this. No green card holders. Fiance one had an approved visa but did not come to the US. We broke up before that. Fiance two came to the US for 72 days. We broke up and she went back to Ukraine. No violations of either visa.

[pushbrk 14,393]

5 minutes ago, carwhisperer said:

Appreciate this. No green card holders. Fiance one had an approved visa but did not come to the US. We broke up before that. Fiance two came to the US for 72 days. We broke up and she went back to Ukraine. No violations of either visa.

That's good.  It looks worse if all three are Ukrainian, but not  a deal killer.  The totality of circumstances comes into play here.  They key will be the actual bona fide current relationship and the evidence you have to support that.  Evidence of time spent together in person, is the most important.

[carwhisperer 2]

15 hours ago, wildbug100420 said:

Don't forget about I-864 obligations. Not sure about your previous spouses and whether they became US citizens, or left the US.

Only one came to the US, neither married me, and neither is here now. 

[carwhisperer 2]

15 hours ago, pushbrk said:

That's good.  It looks worse if all three are Ukrainian, but not  a deal killer.  The totality of circumstances comes into play here.  They key will be the actual bona fide current relationship and the evidence you have to support that.  Evidence of time spent together in person, is the most important.

Her and I live together in Tijuana. The evidence thing shouldn't be a problem. I appreciate your input. I had heard that two K1's is the lifetime max. My original question is whether or not there is some sort of combined cap on the number of fiance and marriage Visas combined.  Sounds like you're saying for the sake of a numerical limit there is not a correlation between fiance and marriage visas

[W199 564]

2 minutes ago, carwhisperer said:

Her and I live together in Tijuana. The evidence thing shouldn't be a problem. I appreciate your input. I had heard that two K1's is the lifetime max. My original question is whether or not there is some sort of combined cap on the number of fiance and marriage Visas combined.  Sounds like you're saying for the sake of a numerical limit there is not a correlation between fiance and marriage visas

 

The limit on K1's only apply to additional K1's. It does not affect future CR1s. This is a reason why people with multiple K1's choose to go the CR1 route.   For myself, I got a waiver for helping a multiple K1's and got yet another one.  I had a similar history as you with 1 returning to their country, and 1 never coming to USA and never getting married.

 

[carwhisperer 2]

54 minutes ago, W199 said:

 

The limit on K1's only apply to additional K1's. It does not affect future CR1s. This is a reason why people with multiple K1's choose to go the CR1 route.   For myself, I got a waiver for helping a multiple K1's and got yet another one.  I had a similar history as you with 1 returning to their country, and 1 never coming to USA and never getting married.

 

very interesting! I seem to remember requesting a waiver for the second one. I guess you need a waiver waiver for the third haha? Please tell me you don't have experience with getting a 4th K1 haha. Any chance we could talk on the phone?

[pushbrk 14,393]

1 hour ago, carwhisperer said:

Her and I live together in Tijuana. The evidence thing shouldn't be a problem. I appreciate your input. I had heard that two K1's is the lifetime max. My original question is whether or not there is some sort of combined cap on the number of fiance and marriage Visas combined.  Sounds like you're saying for the sake of a numerical limit there is not a correlation between fiance and marriage visas

There is no numerical limit, period, but no, IMBRA does not apply to spouse petitions.

[Otershere 1]

Yes, it is possible to apply for a spousal visa (CR-1/IR-1) even if you previously had two approved K-1 fiancé visas. However, immigration officers may review the case more carefully to ensure the marriage is genuine and not being used to bypass immigration rules.

[W199 564]

8 hours ago, carwhisperer said:

very interesting! I seem to remember requesting a waiver for the second one. I guess you need a waiver waiver for the third haha? Please tell me you don't have experience with getting a 4th K1 haha. Any chance we could talk on the phone?

Close! I had a prior CR1 too!   Nope, only a waiver after the 2nd K1 for the case of multiple K1's.  But there are other cases where you need a waiver for a K1. 

 

You can send me a PM about chatting on the phone ....

[pushbrk 14,393]

To be clear, the OP did not have any approved K1 visas, and there is not a limit for K1 visas. The limitation is on filing of I-129F for fiancee filings, but is overcome with a waiver request, usually.

[W199 564]

9 hours ago, pushbrk said:

To be clear, the OP did not have any approved K1 visas, and there is not a limit for K1 visas. The limitation is on filing of I-129F for fiancee filings, but is overcome with a waiver request, usually.

What do you mean? The OP's question literally said he had 2 approved K1 visas, which he further elaborated on. Therefore, why are saying that  he did not have any approved K1 visas? 

 

USCIS does limit you to 2 K-1 VISAs in a lifetime.  The wording of "limit of filing 2 I-129Fs  is just semantics. You can file as many I-129 as you want, they will gladly take your filing fee.  But they will not be approved without a waiver, In addition, you do not need a waiver before you can file more K-1's.  You can simply include the waiver in the K-1 filing itself.  In fact, you don't even necessarily need to do that. I didn't even include a wiaver.   They just sent me an RFE and asked me to send them a waiver due to the IMBRA limit of 2 approved K1 visas in a lifetime. Again, not a limit on the filing itself, bur rather getting it approved.    A few days after I sent it in, I was approved.

 

 

 

 

Edited 10 hours ago by W199

[carwhisperer 2]

11 hours ago, pushbrk said:

To be clear, the OP did not have any approved K1 visas, and there is not a limit for K1 visas. The limitation is on filing of I-129F for fiancee filings, but is overcome with a waiver request, usually.

I believe I did have two 90 day fiance/k1 Visas approved. One of the women lived in my house in Tahoe for 72 days. The other one passed the interview and we had the visa but we broke up before she came to the US. Or do you mean since neither of them married and stayed past the 90 days, moving onto the next step of the process the Visas were not approved?