Filing a k-1 petition - second time around

[lion_lioness 0]

Hello everyone, I posted earlier in the K-1 forum and thought I post again here.

Hi everyone,

I am not new to the immigration process as I went through the K-1 process a year ago, married and now divorce (all in 2 years). I am in a new relationship and my fiance and I are trying to decide if we should go the K-1 route or just marry. I contacted USCIS and have read the notices regarding the IMBRA laws. I have some questions and I hope you all can help.

First, it says if you have filed two k-1's previously or have an approved k-1 in the past two years (this applies to me) you need to file a waiver. Based on my conversation with USCIS, the waiver in the case is just a letter stating my situation and that I have no criminal record whatsoever (the rep suggested I attached my clear police record to support that). So the question is, what is the waiver really? Is it just the letter as the USCIS rep expressed to me.

Second, I know its a long shot, but has anyone had a similar experience? I mean filing for K-1, marriage, divorce and then filing for another K-1? Are we better off with filing CR1?

Thanks in advice for any advice. Good luck to all!

[payxibka 10,044]

Hello everyone, I posted earlier in the K-1 forum and thought I post again here.

Hi everyone,

I am not new to the immigration process as I went through the K-1 process a year ago, married and now divorce (all in 2 years). I am in a new relationship and my fiance and I are trying to decide if we should go the K-1 route or just marry. I contacted USCIS and have read the notices regarding the IMBRA laws. I have some questions and I hope you all can help.

First, it says if you have filed two k-1's previously or have an approved k-1 in the past two years (this applies to me) you need to file a waiver. Based on my conversation with USCIS, the waiver in the case is just a letter stating my situation and that I have no criminal record whatsoever (the rep suggested I attached my clear police record to support that). So the question is, what is the waiver really? Is it just the letter as the USCIS rep expressed to me.

Second, I know its a long shot, but has anyone had a similar experience? I mean filing for K-1, marriage, divorce and then filing for another K-1? Are we better off with filing CR1?

Thanks in advice for any advice. Good luck to all!

Your first petition was approved. You are filing a second petition within the two year threshold. You are not alone. I know someone who is in your situation but he just filed within the last month. Just answer the IMBRA questions truthfully. Attach a "waiver" statement and file. This is new territory for all of us. My understanding is that the only effect should be at the interview stage where the CO will quiz you fiancee about your past a little more. This is what i have heard and we are really waiting for that true "beta" test case to report in.

[lion_lioness 0]

Hello everyone, I posted earlier in the K-1 forum and thought I post again here.

Hi everyone,

I am not new to the immigration process as I went through the K-1 process a year ago, married and now divorce (all in 2 years). I am in a new relationship and my fiance and I are trying to decide if we should go the K-1 route or just marry. I contacted USCIS and have read the notices regarding the IMBRA laws. I have some questions and I hope you all can help.

First, it says if you have filed two k-1's previously or have an approved k-1 in the past two years (this applies to me) you need to file a waiver. Based on my conversation with USCIS, the waiver in the case is just a letter stating my situation and that I have no criminal record whatsoever (the rep suggested I attached my clear police record to support that). So the question is, what is the waiver really? Is it just the letter as the USCIS rep expressed to me.

Second, I know its a long shot, but has anyone had a similar experience? I mean filing for K-1, marriage, divorce and then filing for another K-1? Are we better off with filing CR1?

Thanks in advice for any advice. Good luck to all!

Your first petition was approved. You are filing a second petition within the two year threshold. You are not alone. I know someone who is in your situation but he just filed within the last month. Just answer the IMBRA questions truthfully. Attach a "waiver" statement and file. This is new territory for all of us. My understanding is that the only effect should be at the interview stage where the CO will quiz you fiancee about your past a little more. This is what i have heard and we are really waiting for that true "beta" test case to report in.

thank you so much. I'll keep everyone posted on our progess. I won't be filing until the end of the year because I'll be traveling back to visit my fiance and have him complete his portion of the G325A etc. So most likely the first of January.

thanks again!

[payxibka 10,044]

Hello everyone, I posted earlier in the K-1 forum and thought I post again here.

Hi everyone,

I am not new to the immigration process as I went through the K-1 process a year ago, married and now divorce (all in 2 years). I am in a new relationship and my fiance and I are trying to decide if we should go the K-1 route or just marry. I contacted USCIS and have read the notices regarding the IMBRA laws. I have some questions and I hope you all can help.

First, it says if you have filed two k-1's previously or have an approved k-1 in the past two years (this applies to me) you need to file a waiver. Based on my conversation with USCIS, the waiver in the case is just a letter stating my situation and that I have no criminal record whatsoever (the rep suggested I attached my clear police record to support that). So the question is, what is the waiver really? Is it just the letter as the USCIS rep expressed to me.

Second, I know its a long shot, but has anyone had a similar experience? I mean filing for K-1, marriage, divorce and then filing for another K-1? Are we better off with filing CR1?

Thanks in advice for any advice. Good luck to all!

Your first petition was approved. You are filing a second petition within the two year threshold. You are not alone. I know someone who is in your situation but he just filed within the last month. Just answer the IMBRA questions truthfully. Attach a "waiver" statement and file. This is new territory for all of us. My understanding is that the only effect should be at the interview stage where the CO will quiz you fiancee about your past a little more. This is what i have heard and we are really waiting for that true "beta" test case to report in.

thank you so much. I'll keep everyone posted on our progess. I won't be filing until the end of the year because I'll be traveling back to visit my fiance and have him complete his portion of the G325A etc. So most likely the first of January.

thanks again!

Definetly by that time I would think we would have some seasoned information

[rosyanne 0]

If you are file for different person though, I think there is a timeline you need to follow.

[lion_lioness 0]

If you are file for different person though, I think there is a timeline you need to follow.

Hi rosyanne,

thank you for your response. Not sure if I understand which timeline I need to follow? Do you mean I need to wait a certain amount of time before I can file the K-1 again? That's why I'd include the waiver.

I really appreciate the help so if my understanding is not accurate, please let me know.

thanks again.

[payxibka 10,044]

If you are file for different person though, I think there is a timeline you need to follow.

Hi rosyanne,

thank you for your response. Not sure if I understand which timeline I need to follow? Do you mean I need to wait a certain amount of time before I can file the K-1 again? That's why I'd include the waiver.

I really appreciate the help so if my understanding is not accurate, please let me know.

thanks again.

Your understanding is correct. If this is your third I-129F filing (no time limit) or if this is a second I-129F filing within two years (and if the first filing was approved) requires submission of a waiver