forevercurious

14 hours ago, wxman22 said:

You don't need a waiver for your second K-1 filing, but for your third or more. 

If this is your third, I would get a lawyer, but then i would get a lawyer if any waiver is needed.

Thanks for your help. this is my second but I've heard if you've been accepted in the last 2 years a waiver is required. my main concern is whether we'll get denied of course. I do have a good reason why i abandoned my first one but it's complicated. I heard that even if it is for the same person requesting a waiver and including an explanation is favorable.

Hi all,

wanted to know if anyone here was able to share there experiences about requesting a waiver when filing for a I-129f for the second time.

we are both considering it ourselves (doing the K1 for the second time). it would be the same petitioner filing for me though, because we still wish to marry.

I do have some worries though. i abandoned my K-1 visa before the 90 days were up (went to America, but we didn't marry), and even though i do have a legitimate reason (which I don't want to share on here... it's quite personal) i'm concerned that our waiver/explanation/I-129f will not be accepted. it has nothing to do with a death or any health reasons so we don't know what our chances are at succeeding with this and being accepted. i am willing to explain why i left though as i'm sure they'll ask.

does anyone here have any experiences, good or bad? about filing for a 2nd K-1, in less then 2 years? but with the same person? we both have clean records too. Will a lawyer be needed?

Thanx!

does anyone have any info about the waiver and how to request one? judging by my researching it seems like i have to have one if it's been less than two years since I last filed.

1 hour ago, Jorgedig said:

I believe OP is referring to IMBRA waiver for filing second petition in under two years?

yes, I've been reviewing some old posts, and i'm a bit stressed out so maybe i'm just misinterpreting everything but if i've filed for a k-1 for the second time I am worried I'll be under suspicion, so would I need a waiver or to submit some sort of written explanation?

2 minutes ago, Ethan & Shannon said:

By US visa I mean K1 or CR1 (which uses the i-130, but you must be already married to file this). You can visit each other during this process using what you're using currently (I'm guessing ESTA).

 

As for the waiver, I am not sure. Good luck!

thank you! So, if we were able to file soon (if we do i really hope things work out) my partner could come and visit me in Australia? even on a K1? And okay, it's all making sense. and I'll read more into that waiver info today there's probably lots of forum posts on it and info online

19 minutes ago, Ethan & Shannon said:

In Australia there is a partner visa, the application alone is 7160 AUD. It can take 26 months to receive this visa. Or, there is a perspective marriage visa which takes up to 20 months to receive. After marriage you have to apply for the partner visa anyway. Any long-term, quicker and less costly option is definitely a US visa and your options for visits would be the US ESTA/AU ETA or meeting in a third country. Only consider the Australian visas if it's a plan to live in Australia long-term.

this is very clear, thank you so much. I always find that I have to revisit alot with this sort of thing, and that's what i've been up to for the last week or so. i can't second-guess what my partner wants right now but i think I may prefer living in the USA over Australia. When you say a US visa, you mean either a K1 or a i-130, right? and we can visit eachother during the process?

I've also been looking into requesting a waiver if we decide to submit another I-129f. is this a must, or is this a good thing to do, even if you intend on marrying the same person? will it be something I have to include if we want to file before 2 years (as the first google result I sound suggests)? I'm reading about IMBRA right now.

I just wanted to say thanks to everyone for the help. sorry if I was repeating myself or being too vague, I was feeling frantic but it's nice to know that I have some options!

18 hours ago, nastra30 said:

To summarize what people have said here:

1. You can marry anywhere in world you want, the US doesn't care where you get married as long as it was legally binding where it took place. You can even come to the US and get married and leave on your VWP benefit. If you marry and leave the US on a VWP benefit and want to move back to the US permanently with your US spouse, then your US spouse will have to file I-130 petition for you.

2. If you want to get married in the US to your US fiancee and stay in the US, then you'll have to enter the US on a K-1 Visa. So your US spouse will have apply K-1 Visa (I-129F) for you again just as they did before in the past. Same process.

3. The I-129F and I-130 petitions take at least 12+ months to complete. It's a long journey process. Petition to USCIS to NVC to Embassy to CBP. (For K1, you have to add to marriage within 90 days then to AOS). [[Who knows, maybe there's a slim chance Trump might reduce the process to 3 months total but the odds of that happening is same as me becoming Prime Minister of Australia 🤣 ]]

4. Lastly, this portal is dedicated to only US immigration situations. We can't help with Australia immigration processes.

 

All the best with your journey.

thank you very much

15 hours ago, JFH said:

Why ever not?

sorry, i've done a lot more research since yesterday, my mistake.

42 minutes ago, theresaL said:

I'm sorry to say, but for someone who has gone through the K-1 visa process to the point of entry into the country you seem VERY uninformed about the immigration process. I would recommend learning all that you can about the different visas, the processes and the pros and cons of each before you make any kind of decision. Read the guides on this site as well as the official government sites and not just some random blog or website. 

I'm very sorry. It's been a very long process and I have felt very overwhelmed. There's a lot of information I have to revisit, thanks for the advice.

13 minutes ago, carmel34 said:

My husband lives in Brazil.  CR1 is better than K1 because you can work as soon as you immigrate to the US.  With K1 it’s a few months faster to get here, but then you have to apply for a work authorization and that is taking 4 months or longer these days, plus the AOS process and fees takes over a year.  So most recommend CR1 since you can work sooner.  My husband didn’t want to sit around not able to work for four months or longer after getting here.

This is news to me! I'll keep this option in mind, the 14 months sounds like a long time (is it strictly 14 months? I also read 8-10) but the perk of being able to work once you arrive is great.

20 minutes ago, carmel34 said:

Ya, a year or more living apart after marriage sucks but that's what happens when you fall in love with someone who lives in another country.  I went to Brazil to marry my fiance, now husband last June, then I filed the I-130 for him to get a CR1 visa in July.  So we're six months into the 14 month process.  I've been down there three times since the wedding to spend time with him and we will continue to see each other every two or three months for the rest of the process.  It's hard but it can be done if you really love each other.  Have you worked out the reasons why you didn't marry on the K1 that you had?  No sense jumping into marriage if you're not ready or if you don't think you can cope with the long wait, a year or more apart.  The long US visa process is stressful enough but it can be done if your relationship is solid.  Good luck!

Thank you so much! Yes, distance is very hard. Is your husband from brazil or are you? I can't help but look into the I-130 and the CR1 visa and while it's obviously quite different to the K-1, the process to me seems similar in some ways, and if I recall my process actually took less time than 14 months (but the K-1 would've cost more I think).

2 minutes ago, carmel34 said:

Your US citizen fiancee can travel to Australia to visit you and marry you, then return to the US with a marriage certificate and file for a CR-1 spousal visa, with the I-130 petition.  She will need a visa to visit Australia, information below on how to get one.  Or you can visit her in the US, get married there as a tourist, then you return to Australia while the CR-1 process plays out, about 14 months from filing to interview abroad.  Good luck.

 

You must have a valid U.S. passport and a visa to enter Australia. Most U.S. passport holders traveling to Australia for tourism or business purposes for less than 90 days can obtain an Electronic Travel Authority (ETA). The ETA is an electronic label-free visa and can be obtained at the ETA website for a small service fee. Airlines and many travel agents in the United States are also able to apply for ETAs on behalf of travelers.

 

this is great, thanks for the info! very clear. It seems that I have to return to Australia in order to sort things out with the CR-1- over a year sounds like a long time to be apart after marriage but I do understand why that is and I wouldn't expect my partner to be able to travel to Aus while that's all being processed. Thank you so much!

11 minutes ago, mushroomspore said:

Ok? Using VWP doesn't affect a future perm residency application or citizenship. I meant that you could VWP to enter the US to get married (if you want to get married in the US) and then return to Aus to file a spousal visa at a later date.

Okay, thanks for letting me know. I'll consider that. right now I think what I have in mind is perhaps her visiting or staying in Australia for a little while, and then both of us living in the US.

5 minutes ago, mushroomspore said:

Australians can use VWP to visit the US for 90 days. Tourist visa application is unnecessary.

I've done that before, but I think I'll want to live in the US for sure at some point.

3 minutes ago, Jorgedig said:

No worries.

 

You will work it out.  Asking questions and researching will put you on the right track!  Best wishes.

Thank you so much! These things are tough, I like your positivity. Best wishes to you too.

13 minutes ago, Jorgedig said:

Just curious.......was your previous user name "Phillabuster"?

No

Also everyone, for what it's worth I got subclass 300 and subclass 130 mixed up, just researching is all and some of this is a little new.

6 minutes ago, JFH said:

Even if you did have to wait two years to file, you wouldn’t have to stay apart the whole 2 years. You can still visit the USA and your “partner” can presumably visit you in Australia. You are making this far more dramatic than it really is. 

Thanks so much JFH

9 minutes ago, mushroomspore said:

Aaron2020 already pointed out that if you need visa advice for your specific country, you need to go to that portal on this website. Google is also a thing.

 

For CR1, "somewhere" means anywhere.

Great, and my apologies. I'm pretty stressed out so I'm a little frantic. I appreciate your help. I'm googling this but sometimes speaking to others helps a lot. I did look up the CR1 and the website I was checking out did imply that it was very much involved like the K1, with medical exams and US embassy interviews and everything.

7 minutes ago, Jorgedig said:

Just a correction  - *you* wouldn't be filing for a K-1 petition.  Only American citizens can do that.

oh yes sorry, that's what I meant

16 minutes ago, mushroomspore said:

No, no and technically yes. But be prepared to answer why the first attempt was aborted and why you did not marry then. It's technically a requirement of the K1 to marry in the US within that 90 day window. I would strongly advise against doing K1 again. Get married somewhere and file CR1. K1 part 2 is a waste of time and energy.

I appreciate your advice. The thought of filing again stresses me out but I am glad that I can do it and I am willing to explain why it didn't work at first if it comes to that as I'm sure it will. And I suppose that 'somewhere' could be my home country and then we'd file for a CR1? Would my partner be able to marry me if they say, went on holidays here or would they have to be on a very specific kind of visa?

24 minutes ago, JFH said:

File whenever is right for your circumstances. There is no time limit. Just make sure you are ready to marry AND live permanently in the USA this time or it’ll be another large donation to the government for nothing. 

Thank you very much. I heard 2 years somewhere, I can't be that far away from my partner again.

1 minute ago, JFH said:

You don’t need a K-1 to marry in the US if all you want to do is marry here and then leave. Tourists marry here all the time. I married my American husband here when I was visiting on the VWP. You only need a K-1 if you want to marry AND stay here to live. 

 

Having previously had a K-1 will not affect a future application as you obeyed the rules. You changed your mind and left before the 90 days were up. Perfectly acceptable. You are allowed to change your mind.  

i appreciate hearing this (gives me some hope!) because I thought that the K1 was a thing you couldn't do ever again. It's hard and expensive but a good idea. Ours went well overall. Just right now I have that in mind (as crazy as it may sound) but also was considering having my partner over and we'd get married here. Interesting thoughts. Thanks.

If I wanted to file again hypothetically do I have to wait after a certain period of time? Do I have to wait years (I heard two which is a long time...) or could I file in a few months time, for example?

2 minutes ago, aaron2020 said:

I've already repeated things multiple times.   Go back and read what I posted.  You are asking the same questions repeatedly.  

Best of luck. 

Thank you

5 minutes ago, aaron2020 said:

Your USC fiancee starts over with an I-129f to start the K-1 fiancee process.  Every step that you went through before, you have to repeat.  You thought wrong - it's not out of the question to get another K-1.  You just have to start over from the beginning.

 

You do have to be married in order for your USC spouse to start the CR1 spousal visa process.  You need a marriage certificate to file.  You can get marry anywhere in the world.  

But wouldn't we have to sort out some kind of long-term Visa if we were to marry in the US or Aus? I'm glad we have the opportunity but I think if she was to hypothetically come over and stay for a good while and we'd marry we'd have to file something first. Also if I was to go back to the US to marry I take it that the K1 Visa is my only option, right? I'm glad in a weird way that I can still do it I guess. Also thanks for all this, sorry if I sound like a bit of a moron, I just like to double-check. I'm reading up on it too as we speak but some things are a tad confusing.

Also thanx for your reply above, my apologies, I probably need to contact someone regarding Australian Visa issues and sometimes it's hard to get info.

5 minutes ago, Boiler said:

You can marry anywhere it is legal to do so.

But wouldn't my partner have to be on a Visa if they were here? But thanks, that's a relief.

1 minute ago, Boiler said:

SU is me typing US backwards

 

Your options are the same as they were and if you want to file for a CR1, a spouse, they you have to be one.

Thanks for clearing that up. So would that mean I have the option of the K1 technically but not the CR1 as we're not a married couple?

3 minutes ago, aaron2020 said:

READ THE GUIDES ON VJ.   This is DIY. 

At this point, you start over if you want to immigrate to the US.  Everything starts with the USC filing a petition; either I-129f or I-130 depending on your marital status.

 

If you are not married, then your USC fiancee files the I-129f and you get another K-1 visa.  You can get another K-1.

 

If you are married, then your USC spouse files an I-130 to start the spousal visa process.  You would need a marriage certificate to file the I-130.

 

 

Okay, thanks for clearing that up. I think it makes sense to me now. We're not married, so I suppose the I-130 is out of the question at present.