Revisit K3?

[Gator]

I suppose the IMBA will require the DHS to modify its forms for application, plus collect information that has previously been ignored.  This seems straightforward; however, it still could delay the K1 process for an indeterminate period. 

Because of possible delays, I was wondering if one should revisit the concept of immigration via K3.   It seems that the K1 and K3 timelines are similar after submission of the application (the application for a K3 of course can not be filed until completing the complicated step of marrying in the FSU).

I recall that JB did a K3.  Any others?

I have some good experience, having gone through a K1 for a different woman (she came to America one year ago but returned without marrying).   I would prefer the K1; however, sitting in limbo is not my style.

My criminal record is clean, and while I have had two divorces, both were amicable without Restraining Orders.  And I met the new woman in early January 2006 after communicating in the fall via FreePersonals.ru agency.  So it would seem I have nothing to fear other than government delays.

[ronin308]

K-1 and K-3 have the same requirements WRT IMBRA.  If you are submitting now or in the future, assuming you can get the correct froms from USCIS you will have the same hurdles, other than as you point out you need to be married before filing the K-3.

How and when you met do not matter WRT to the current kickbacks, the date of filing is the important thing.  The only portion of IMBRA that applies to meeting through an agency is the requirement of a background check prior to contact. 

The only possible route around this is DCF if it's available, however it seems you need to have a good reason for doing this and the background check will still be performed, only since State is doing the processing you might have better luck.

[Gator]

Thanks Ronin.  Very clear.  Obviously I need to read more, which is what I have done.  This has prompted my new thread in this forum.

[Turboguy]

The new version of the new 129-F is (or was) posted on the CIS website.  It went into effect on the 9th. 

I just did a quick scan of the CIS website.  I couldn't find the link but it looks like they are trying to sell the forms now for $ 54.95 along with instructions how to apply.  Hopefully it  is still available for free as well.

[Gator]

I can not find the new form.  When one downloads the I-129F from the CIS site, it displays the same 10/26/05 version (which expires 6/30/06).  If one downloads the “draft” I-129F, the 5/23/06 revision is displayed.

Item 4 of the Instructions for the Draft still reads: 

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 this petition, you must apply for a waiver.  

This is contrary to all interpretations, yet it could be consistent with the law dependent upon how one reads the ambiguous wording of IMBRA. 

Most members here seem to be one-time filers.  In my case, I have not filed twice, but did have a K-1 petition approved, so I am in the two-year purgatory.  With regard to my particular petition, the TSC NOA dated 7/29/04 states that my “petition has been approved.”  Thus, by this upcoming August, two years will have lapsed from the “approval”, unless CIS interprets “approval” as the embassy granting of her visa (April 2005).  Who knows?  Maybe I will need a waiver.

The draft form adds, “If you have committed a violent offense against a person … USCIS may not grant such a waiver…” My record is free of offenses, so I could apply for a waiver, not knowing how long that will require.

Our government at work ...

[Gator]

By the way, there usually is a 60-day period between proposing a draft form and the form being utilized.  The 60 days allows for public comment and OMB review. 

If one wishes to comment on the draft form, go to:

http://www.uscis.gov/graphics/formsfee/forms/pra/index.htm

and go down to I-129F.  The process for submitting public comment is defined in the various links for this form.