ThaiSweed102

I am in the same situation now too. I went to USA only last July 2009 but I went back to my country after 5 weeks for some reason.

Then only last February we applied for K1 again, same petitioner/beneficary. We included a waiver with the petition and it was approved after about 5 weeks. Now I`m just waiting to schedule the interview, hoping there will be no problem.

wow only 5 weeks? That fast huh? OK, when I am ready to file another one I will include a waiver with it but not really sure what Waiver is hehe..

I disagree with point 2 because it most likely WILL be harder. I can't guarantee it of course but I feel it's unfair to tell the OP all will be rosy. Basically used the K1 as a "trial" visa, and a "visitors" visa so they might ask you more questions about whether you're actually serious this time. They MIGHT, they also might NOT. Just be prepared in case.

Best of luck

I dont think anything that have to do with US immigration is easy at all and I am ready for whatever they gonna throw at me. Just little stressful not knowing the right thing to do you know..

The US immigration makes everything so complicated, I dont want to hired a lawyer for everything, just these form alone cost so much already.

Hi-

I am not an expert but I had a similar story, so this is mine. I got approved visa K1 on 7 July 2009 and got the US at 17 July. But I came back to France 10 August 2009 cause my credit card had been hacked in the Us and I could solve the problem in the US because my bank asked me to complain to a French police station to stop my credit card. My fiancé and I had not the time to get married in the US. So, a couple days later I asked to US embassy of Paris to re validate my visa K1. What they did on 17 September 2009 but, in knowing the expiration was on 15 October 2009. An important thing to know is re validate a visa K1 is possible if you are not married yet and if you can provide some evidence of why you came back to your country.

Unfortunately, at the same time there was a lay-off plan in the company of my US fiancée and she was losing her job, then we decided I stay in France because I can collect a generous unemployment insurance here, then send money to my fiancée for our baby until we find a solution. She asked to her company to get a move to France, but impossible. She applied for another companies but nothing. And later around the date of expiration of my visa K1, middle of October, my fiancée has had interviews within her company for a potential other position in an other department. After several interviews, she was almost sure to get a new position in her company and save her job, then we called at the beginning of November USCIS, DOS and US embassy of Paris to know what is the best option to get me to US again. They told us to apply again for visa K1... :-( So, we applied for a second visa K1, our second NOA1 is from 30 November 2009 and we still have any new from VSC or NVC. Our case has never been touched yet... My fiancée wrote a waiver letter in explaining our story and send the petition to VSC with the French police record where I complained for my credit card + an internal document of her company about the new organisation which kills her previous position + photos and birth certificate of our baby who is born one month before my first interview for visa K1.

So, we had no RFE about our second application but we are very stressed to still have no news... The first birthday of my son is on middle of June and I feel I am going to miss him like I missed his birth because of our first visa K1 was too long...

That is all I can tell about apply again for same beneficiary... Welcome to stress land... We should keep in touch if you want.

Good luck!

Thank you for sharing your story with me and I really hope you get to be there for your son. I guess the only way to know is to just file the form and wait! lol.. I dont want to stress about it. If I find anything else I will let you all know about it, I am sure in the future this might help someone.

1. immediately.

2. harder? no. But - you will be reviewed a bit more at USCIS, as this is the 2nd K-1 that you've filed for the same person. It's not something to worry about, as it's the same person. If it were a different person within a 2 year window, ack - you'd be tagged .. But - that's not the case, as it's the same human as the first petition.

Good Luck !

Ok, thank you very much.

Audy_Rob was talking about two different things. One was the possibility (or lack thereof) of getting the original K1 visa revalidated. The other was the IMBRA filing limitations. The waiver that was mentioned is for the IMBRA filing limitations.

The IMBRA sets limits on how many times you can file a K1 petition within a certain timeframe. The first is if you've file two or more K1 petitions anytime in the past. The second is if you've have a K1 petition approved within the past two years. The second one would apply to you, so you have to ask for the waiver. As Audy_Rob mentioned, there is no form for the waiver request - you just write a letter asking for the waiver, and include it with your I-129. As long as you haven't had any criminal convictions which are covered by the IMBRA (like a violent crime, etc.) then your waiver should be approved.

What kind of letter do I need to write with the I 129? Is there an example somewhere that I can take a look? I have been try to find info about this everywhere spending about 3 weeks now and still have no clue. Is there anybody that I can call to get the right answer? I call USCIS but I can never get to talk to a person.

Oh, yes, you are right, I am sorry. Or if the circumstances still held, it would only have 1 day of validity. So must re-start no matter what. But numbers 1 and 2 still hold.

if he did went back to Sweden and want to come back within 90 days before visa expire than we can ask for the waiver but my case is little different. Thank you

Hi all,

My fiance got his K1 visa approved back in Dec. 2009. He came and stayed here for 89 days left because we were just unsure about the living situation. He didnt like NYC and I really have to stay here with my job...blah blah... He want me to move to Sweden with him but he doesnt have a job so, thats is why I told to move here instead.

Now, we agree that we can live in Vermont instead of NYC, I can buy a small house in the country and rent a small apartment in NYC during the week, so here where I have few question about K1.

1. When can I file 129F again? Is there a waiting period?

2. It is going to be harder the second time around?

please ask if you do not understand something, I try to make it clear as much as I could.

Hi everyone,

Read a lot about about K1 and doing traditional wedding ceremonies. Seems to me like it's ok to do as long as the country where the wedding takes place does not recognize that ceremony as a legally binding agreement/marriage.

My question is for Thailand specifically. Has anyone here applied for a K1 visa for a Thai fiancé(e) and done a traditional ceremony while waiting? Did that cause any problems with the visa request or interview? My fiancée and her family say the ceremony is not legal but I wanted to hear others' experiences with this.

Thank you very much.

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I am a US citizen and my fiance is from Sweden, but my parents was originally from Thailand so I went to Thailand had the ceremonies. I use some of the pictures as proof of our engagement party. We got our K1 with in 54 days.

I take it that things in NYC are so bad, the two of you would take such a risk. On the other hand, if you're a city gal and he's a farmboy, which one of you is willing to adopt a different lifestyle?

his house is on the farm is really not a house is more like a cabin with 2 rooms. Is like going back in time about 100 years haha, we have to build fire to cook and to warm up the house. That cabin need so much work, is nice to stay there for a year or so but we need to upgrade it. We both need to work and earn money. If I move there I cant work, I would have to go to school learn swedish. I figure he can move here work with me, make money so we can fix up the cabin and maybe move there later on, but I dont want to force him.

The K-1 Visa is good for only 90 days. You have only two options: 1) Marry within that time period or 2) Don't marry and he must return to his country. Since he is from Sweden and he can come to the USA without a visitors visa, he can come anytime. BUT, don't think you can get married on one of these visits and proceed from that point forward. It does not work that way. (You'd have to go through the complete petitioning process another time.) IF you do marry on a visit...you will be creating a whole host of other problems. So...the choice is between you and your fiance' about what to do.

In reading the other posts about your situation, I agree with the person who said to look for the immigration patterns of other people from Sweden. In the USA, there is something for everyone. IF he cannot find another town similar to where he lives in Sweden...he has not looked very far. Try Wisconsin for example...I think a lot of Swedes have immigrated there!! Ya Lars!!!!

Best Wishes and Good Luck,

Franc

My mom live in Vermont and we love Vermont alot because of the mountains and lakes. But I cant afford to live there my job is in NYC. I am a sport photographer, it would be hard for me to find some work up there to support both of us. Thank you for all those info. they are really do help and I do write them all down too hehe..

How about get married if you guys love each other. File for AOS then think about where you guys want to live. If you choose Sweden it's really nice over there but he will have a harder time to travel to the States if he doesn't get his citzenship. Otherwise if you guys find a place that you both like in the States he can stay legeally here.

Let me tell you our plan for right now is. To get married over here get the AOS stay until she can get her citzenship and if we want to choose moving back to Europe then we will but we will both have duel citzenship as I'm from Poland and so she is too. However I can't move there right now as I have a really good job here but both of our plans include Europe for retirement so sooner or later we may end up there, but that is just our plan and it really depends on her if she likes the States a lot to stay here for life. My parents and brother live in England and the rest of our families are in Poland.

That was my plan also, bring him here and stay here until he get his citizenship and than we can go anywhere. But he is too stubborn too listen to me. When we first met of course he was like ok whatever you want, I will move for you because I love you hahhaa ... now! forget it I am laughing now because I dont want to put stress on myself anymore. Good luck with you guys! What along process for nothing ;o(

Thank you for responding, When we first apply for the K1 visa he agree to come here and live in US. While we were waiting for the visa he found a good job that makes a lot of money, he start to have doubt about moving here. He start to tell me maybe I should move there and just stay at his house without having to worrie about rent. He start to bragging how better health care system there and I agree but that wasnt the plan you know. I have already spent all my time and money try to get the damn visa and I didnt want to waste it, so I ask him to come anyway and hope he likes the city. Plus I started a business here with a friend and is growing I cant just drop everything and move to Sweden and be a house wife ;o)

Finaly K1 got approved, he quite his job came to NYC. I have never live with him more than 6 weeks, so this was kinda like a test in away. I did learn a lot about him and myself. The first 2 months I was ready to just send him home ) we would fight about small little things like why American people are so rude, or why American have to use Fahrenheit instead of celsius, stupid stuff like that. But after 2 months things start to get better. Now, I just let the man complain and when he is tired he will stop haha... So,We only have few more days to go before the visa expire I just dont think I have to time to do go get Social Security Number, get marry, AOS...etc. ( If we had 6 months instead of 3 months I probably wont be in this situation.

Anyway, if anyone in the same situation I would like to hear from you! ) Sorry, english is not my first language but I try.

sorry about all those faces, suppose to be happy face lol..

Hi ThaiSweed102,

Just came across your post and thought that I should comment. I am currently going through a second submission of a K-1 visa with the same person. Be patient

My fiance and I were in a similar situation. We were approved for a K-1 in 2007 and within the 90 day period we decided not to get married, things were just really stressful at the time. I returned back home in Sept 07 within 90 days unmarried. We loved each other very much but because of family reasons and the timing of everything we decided it was best not to go forward at the time. I went back for a visit in Dec 07 to spend more time with my fiance. My plan originally was to stay a month but ended up staying for 6 months. Im from Canada so I didnt need to apply for a visitor visa. At the time when I returned to Canada I did not have a job and had been staying with family so I didnt have a mortgage on rent in my name. Crossing the boarder was painless, although I admit that I was very nervous.

Since then I have made numerous trips to the US with no problem, we reapplied for the K-1 visa and have an interview next week. All in all I can look back as well and say a lot of money was spent and time has lapsed but its definitely worth it. My fiance and I joke all the time and say , who would but themselves through this tedious process twice. Although our journey is not over I think sometimes its easy to forget how challenging being away from home is sometimes. So I can definitely relate to your fiance.

Sorry about the long post hope it helps

Thank you for responding, When we first apply for the K1 visa he agree to come here and live in US. While we were waiting for the visa he found a good job that makes a lot of money, he start to have doubt about moving here. He start to tell me maybe I should move there and just stay at his house without having to worrie about rent. He start to bragging how better health care system there and I agree but that wasnt the plan you know. I have already spent all my time and money try to get the damn visa and I didnt want to waste it, so I ask him to come anyway and hope he likes the city. Plus I started a business here with a friend and is growing I cant just drop everything and move to Sweden and be a house wife ;o)

Finaly K1 got approved, he quite his job came to NYC. I have never live with him more than 6 weeks, so this was kinda like a test in away. I did learn a lot about him and myself. The first 2 months I was ready to just send him home ) we would fight about small little things like why American people are so rude, or why American have to use Fahrenheit instead of celsius, stupid stuff like that. But after 2 months things start to get better. Now, I just let the man complain and when he is tired he will stop haha... So,We only have few more days to go before the visa expire I just dont think I have to time to do go get Social Security Number, get marry, AOS...etc. ( If we had 6 months instead of 3 months I probably wont be in this situation.

Anyway, if anyone in the same situation I would like to hear from you! ) Sorry, english is not my first language but I try.

I'm not Scott, but still...

You do not need to call anyone. Actually, you can't. It's all up to your fiance to prove his ties to Sweden when he'll be coming back to the US to visit you.

If you're choosing the marriage/AOS route, there is nobody but your local government center you need to call - all you need is a marriage licence and an appointment with a court administrator/priest.

Thank you all of you. Now I know what we have to face but I dont think he will have any problem showing this ties to Sweden because of his house and properties. So, this is making me feel little bit better about the future. We do love each other but we cant decide where to live just yet.

You need to be married to do the AOS anyway.

Not saying he can't come back soon, he just will need to show proof that he isn't planning on living here illegally (aka ties and equities).

Thank you Scott. Do you know who I can call?

Wow, I totally missed that part the first time around...thanks badgerella. Yeah, he can't work here. I guess I thought the OP was talking about working in Sweden for a while, saving up money to visit in the states. He'll probably need ties and eqities to Sweden (or someplace) in order to even visit using the visa waiver program once CBP sees that he entered on a K-1 in the fairly recent past.

Umm I didnt think is going to be this complicated I guess I was wrong ;o( Well, we only got a week to go before he have to leave and it just too late for us to even think about AOS. Ah! what can I do now? I wish I knew this earlier. So, he cant come back anytime soon? He had a house and about 100 acers of land, so he does have ties to Sweden.

As long as he leaves before the expiration date on his I-94 (before the 90 days), he'll be able to use the visa waiver program. If he overstays, then he will have some problems.

P.S. - The visa doesn't need to be valid because you can enter on the last day of the visa and get the 90 days. Just go by the date on the I-94.

Yeah he will be leaving on Sunday March 21, so that will be his 88 days in US. Will be sad to see him go but, I just hope he can come back in a month or 2 for visit. Just too bad that we spent so much money and time into getting this visa, but what you gonna do right? things happen and I dont want to force him to stay in NYC. I just need to know if he can come back to the US right away or he have to wait 3 months before enter US again?

uh no

I'm pretty sure that'll cause major problems with your K1 visa.

Is there any particular reason you decided not to marry?

He doesnt like life in US too much. He came from a small town in Sweden to come to NYC just little too much for him to handle. I want him to move here so we both can work and make a living. If i move there I will not be able to work right away from I dont speak nor write in Swedish. So, we decide not to marry.

Hi everyone,

I tried to look for this info. but I can't seem to find an answer for my question so, that why I need you guys to help me. My fiance came here with K1 visa and we decided not to get marry at this time. He will be leaving next week because his visa will be expiring. So, here is my question, when can he come back to United States again? Can he come back right away or there are waiting period? He is from Sweden so he doesnt need to apply for tourist visa or anything like that.

Thank you,

Question: I had filled out the I-134 and sent it to my fiancee to be ready for the interview ASAP. Then, his packet arrived at the embassy. The I-134 in the packet has a barcode. Does that mean I must fill out the copy in the packet? Or is it ok that I already sent it?

If I do need to fill out the one from the packet, we'll have to use snail mail again...

It is fine, you dont have to redo it. I think the barcode is all the same. I did the same as you did and my fiance got his visa without any problem.

Hi guys!

I came across another topic discussion earlier about whether you need police clearence for BOTH the petitioner AND the benificiary. Is this true? I know that the forgien fianceé (me) needs to provide police certificates to the interview with the embassy. But I was borned in China and lived there until I was 4, do I need to ask them for a police certificate too beside Sweden where I'm currently living and a citizen of? (I do not have a chinese citizenship). And the main question of course, do my fiancé need to provide police clerances too? If yes, does his year in Germany count as living and working there if he was there because he was stationd in Iraq and went to Germany only for medical treatment (he was shot twice)? And when does he have to provide these certificates?

I haven't found any info on that the petitioner needs to provide police clearences..

Thanks guys for any help!

if you're swedish, than you have to call the police station and ask for the certificate. It is pretty easy only take few days to get it. The American citizen doesnt need it.

Sorry to hear about your situation. I think you need to notarized your letter. Be strong!

You are wrong. Notarized letter is NOT necessary.

I'm sorry to hear that. But you should be happy that you found this out before you bring him here.

Once you get to the states and get married you will file for the I-145 (AoS) and you can apply for the I-131 (Advanced Parol) and I-765 (Employment Authorization Document). You don't have to apply for the I-130 as thats the petition for a visa for someone who is married, and you will already be in the states on your K1 and can adjust from that.

That is what I thought too. He just read me the letter and it said:

"Once you are married, your US citizen spouse will need to file I 130 form and you must also file from I 485 AOS"

So, I'm not sure to follow the direction or go by the Visa Journey guideline.

Thank you for reply so fast

My fiance just received a his visa in the mail on friday I'm so happy and it only took us 5 months. Thank you so much VISA JOURNEY COMMUNITY )

But now I have a question about the next step. There was a letter that came with the visa and said something about we have to apply for I 130 and than 485 is that right? I am so confuse. I didnt know that I have to apply for I 130.

Hi ThaiSweed102:

Because of the change in names, your mom's marriage certificates and divorce papers need to be submitted. But if they are not available, then she would have to submit a statement from the corresponding civil authority stating that such documents are in fact not available. And she would also have to submit additional evidence such as census, church, school records or sworn affidavits from people.

Good luck! It was very hard for us to obtain my parents' birth certificates of 50 years ago but we got them after looking, asking around and spending lots of money.

Good luck again!!!

Ok, thank you guys for taking sometime to reply. I guess we just gonna have to find all those papers. Thank you for some good ideas. I will call the Thai embassy to see if they can give me some advice.

Hi everyone,

I am trying to help my mom bring my 33 year old brother and his wife to USA. Now the problem is that my mom been marry 3 times, first was to our father last name (Phairin) than 2nd marriage (Smith) than now third marriage she decide to go back to use her GIVING NAME ( Meesa).

I hope you guys still follow me here...

On my brother birth certificate had my mother name Pranee Phairin but she is no longer useing that name because she divorce our father 25 years ago.

She doesnt have any marriage certificate nor divorce paper from our father. So, she got nothing that say at one point she was Pranee Phairin.

I think it is going to be impossible for us to go back to Thailand and try to serch for her marriage and divorce paper because it is just so long time ago.

BUT she did found her old passport that said Pranee Phairin so, can we use that to proof that she is the mother of my brother?

Thank you very much,

She divorced my father about 25 years ago and she doesnt have any divorce paper to proof that at one point her last name was Phairin.