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

[pushbrk 14,393]

7 hours ago, W199 said:

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.

 

 

 

 

I meant exactly what I said. His clarification indicated he filed two petitions.  One visa was issued and used but the fiance left the USA before marriage and before 90 days.  Requiring a waiver for the second petition within two years is not a limit of two K1 visas.  The limit IS on petition filing/approval. You responded to your RFE and the waiver was approved BEFORE petition approval.  USCIS does not issue visas.

Edited Thursday at 10:02 PM by pushbrk

[pushbrk 14,393]

6 hours ago, carwhisperer said:

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?

So, yes two visas issued. I misremembered his explanation.  Still there never has been a limit on K1 visas.  IMBRA requires asking for a waiver for a second I-129F petition filed within two years, but it's best to make the waiver request no matter how long it's been. I'm one of the few members who was here and became fully versed on IMBRA when it was enacted in 2006.

[W199 565]

I don’t know if you are playing semantics trying to say a I-129F approval is different from the visa itself, but IMBRA does limit the number of approved I-129F in a lifetime, without a waiver. For all practical purposes that’s the same as 2 K1 visas.
 

That’s why I got an RFE for my 3rd K1  for a 2nd approved I-129F that was close to 30 years ago.  It’s not just a 2nd one within 2 years. 

 

IMBRA says 

 

If you have filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, a waiver must be obtained before your K-1 petition can be approved. 

Edited Thursday at 11:31 PM by W199

[pushbrk 14,393]

22 hours ago, W199 said:

I don’t know if you are playing semantics trying to say a I-129F approval is different from the visa itself, but IMBRA does limit the number of approved I-129F in a lifetime, without a waiver. For all practical purposes that’s the same as 2 K1 visas.
 

That’s why I got an RFE for my 3rd K1  for a 2nd approved I-129F that was close to 30 years ago.  It’s not just a 2nd one within 2 years. 

 

IMBRA says 

 

If you have filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, a waiver must be obtained before your K-1 petition can be approved. 

An approved I-129f is definitely not a K1 visa.  It may lead to one, but USCIS does not issue visas.  IMBRA addresses the petitions, not the visa.  A "K-1" "visa petition is an I-129f.  A K-1 visa comes from Dept. of State, and is affixed to a page of a passport.  It's not semantics.  It's correct terminology.  An approved I-130 is not a visa either.

[carwhisperer 2]

22 hours ago, W199 said:

I don’t know if you are playing semantics trying to say a I-129F approval is different from the visa itself, but IMBRA does limit the number of approved I-129F in a lifetime, without a waiver. For all practical purposes that’s the same as 2 K1 visas.
 

That’s why I got an RFE for my 3rd K1  for a 2nd approved I-129F that was close to 30 years ago.  It’s not just a 2nd one within 2 years. 

 

IMBRA says 

 

If you have filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, a waiver must be obtained before your K-1 petition can be approved. 

Thank you so much!

3 minutes ago, pushbrk said:

An approved I-129f is definitely not a K1 visa.  It may lead to one, but USCIS does not issue visas.  IMBRA addresses the petitions, not the visa.  A "K-1" "visa petition is an I-129f.  A K-1 visa comes from Dept. of State, and is affixed to a page of a passport.  It's not semantics.  It's correct terminology.  An approved I-130 is not a visa either.

thank you so much for your help

[W199 565]

4 hours ago, pushbrk said:

An approved I-129f is definitely not a K1 visa.  It may lead to one, but USCIS does not issue visas.  IMBRA addresses the petitions, not the visa.  A "K-1" "visa petition is an I-129f.  A K-1 visa comes from Dept. of State, and is affixed to a page of a passport.  It's not semantics.  It's correct terminology.  An approved I-130 is not a visa either.

IMBRA limits you to 2 approved I-129F petitions in a lifetime, or a 2nd one within 2 years of the 1st one. But you can get a waiver for either case.  Without an approved I-129F you can't get a K-1. So there is ultimately a limit of the number of K-1's, Its just semantics saying there is no limit to K-1 just a limit on I-129F.

 

 In fact, I'm pretty sure if the USCIS inadvertently approved a I-129F and the embassy discovered he had 2 prior approved I-129F's or an approved one within 2 years without a waiver, they would not issue the K-1 and send it back to USCIS.  Hence, enforcing the spirit of the law.  So its all the same thing, just semantics. 

 

If the embassy denied the K-1 visa and the petitioner went to legal net,  I bet they would side with the embassy that there is a limit of 2 I-129F. They would not say that IMBRA only limits I-129F and the embassy should have issued it the K-1 despite USCIS approving the I-129F.   So its all the same despite the terminology.

 

The question the OP was asking and such was a practical question, not a legal terminology question. 

 

 

[pushbrk 14,393]

2 hours ago, W199 said:

IMBRA limits you to 2 approved I-129F petitions in a lifetime, or a 2nd one within 2 years of the 1st one. But you can get a waiver for either case.  Without an approved I-129F you can't get a K-1. So there is ultimately a limit of the number of K-1's, Its just semantics saying there is no limit to K-1 just a limit on I-129F.

 

 In fact, I'm pretty sure if the USCIS inadvertently approved a I-129F and the embassy discovered he had 2 prior approved I-129F's or an approved one within 2 years without a waiver, they would not issue the K-1 and send it back to USCIS.  Hence, enforcing the spirit of the law.  So its all the same thing, just semantics. 

 

If the embassy denied the K-1 visa and the petitioner went to legal net,  I bet they would side with the embassy that there is a limit of 2 I-129F. They would not say that IMBRA only limits I-129F and the embassy should have issued it the K-1 despite USCIS approving the I-129F.   So its all the same despite the terminology.

 

The question the OP was asking and such was a practical question, not a legal terminology question. 

 

 

 

2 hours ago, W199 said:

IMBRA limits you to 2 approved I-129F petitions in a lifetime, or a 2nd one within 2 years of the 1st one. But you can get a waiver for either case.  Without an approved I-129F you can't get a K-1. So there is ultimately a limit of the number of K-1's, Its just semantics saying there is no limit to K-1 just a limit on I-129F.

 

 In fact, I'm pretty sure if the USCIS inadvertently approved a I-129F and the embassy discovered he had 2 prior approved I-129F's or an approved one within 2 years without a waiver, they would not issue the K-1 and send it back to USCIS.  Hence, enforcing the spirit of the law.  So its all the same thing, just semantics. 

 

If the embassy denied the K-1 visa and the petitioner went to legal net,  I bet they would side with the embassy that there is a limit of 2 I-129F. They would not say that IMBRA only limits I-129F and the embassy should have issued it the K-1 despite USCIS approving the I-129F.   So its all the same despite the terminology.

 

The question the OP was asking and such was a practical question, not a legal terminology question. 

 

 

And the OP's question was answered.  I was clarifying terminology.  USCIS does not issue visas.  IMBRA addresses petitions, not visas.

[Boiler 48,786]

A lot of issues with a K1 any reason you are looking at this?