Risky Business

[Gator]

The Instructions for Form I-129F, Petition for Alien Fiancé(e) state the following:

2. Filing Limitations on K Nonimmigrant Petitioners.

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. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

If you have committed a violent offense against a person or persons, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist.....

I requested a waiver when submitting my petition.  The matter seemed to be routine as USCIS sent me no RFEs, and they approved my petition in the standard amount of time (about 90 days this past winter).  Next year, the USCIS policy for approving waivers could differ.

[Ronnie]

Thanks Gator...you make me feel so lazy!

[Maxx2]

Waivers

A waiver is discretionary. I wouldn't want to be at mercy of USCIS with one if I found my true love. Of course we are all at the mercy of the USCIS if we are in the process. This risk of their not granting a waiver just adds to more uncertainty in this process. It's like what I said a while back in regard to my case. I was found guilty of "pushing and shoving" (I didn't do it) against my Russian ex-wife which could be interpreted as a "violent offense". So should I take a chance and try and make my case that "extraordinary circumstances exists" with the USCIS? That the USCIS' rules and rewards encourage false charges and I was a victim of these? To put myself in the position of finding someone I really love and she me only to be kept apart by the discretionary decision of the USCIS? I have had too much pain and misery these past several years to suffer more. So for me waivers granted by the discretionary decisions of the USCIS are not an option.     


Maxx

[BC]

Maxx,

I could be wrong,  but if you haven't reached your lifetime limit, but have "committed a violent offense against a person or persons, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist....."

Have you reached your limit?  If not shouldn't be a factor except for having declared the offense and letting your fiancée know about it. - No waiver required or?

[ambach123]

Could n't one option be marrying in her country and filing for a K-3, bypassing the entire K-1 process?

[BC]

Could n't one option be marrying in her country and filing for a K-3, bypassing the entire K-1 process?

IIRC K3's also have to endure interviews. That's when the final 'call' gets made regardless..

[Shadow]

Could n't one option be marrying in her country and filing for a K-3, bypassing the entire K-1 process?

One could, but it would bring 2 risks.
First is that marriage will be closed under the law of her country, and that means you will have to know about the laws especially if you want a prenup.
Second, as in most of such cases there was no prior visit, there is the risk that life in your country will not be as happy as planned, and you will be faced with a divorce or decision to move to her country due to homesickness.
K-1 is a period not for two people to decide if they want to marry, but for the woman to see if she can adjust to life in a new and faraway country.

[BC]

K-1 is a period not for two people to decide if they want to marry, but for the woman to see if she can adjust to life in a new and faraway country.

Kind of disagree with that.  It's to give a little time to prepare for the ceremony, but yes does give a 'bailout' period.  I could understand the relationship somehow breaking at the last minute more than I could accept that she did not like his country or vice versa.  If it were so the relationship should probably have not been allowed to get this far anyway.

[Shadow]

Kind of disagree with that.  It's to give a little time to prepare for the ceremony, but yes does give a 'bailout' period.  I could understand the relationship somehow breaking at the last minute more than I could accept that she did not like his country or vice versa.  If it were so the relationship should probably have not been allowed to get this far anyway.

I know of at least one case where homesickness was a deal breaker. While rare, in some cases it can be strong enough for someone to return.

[BC]

I know of at least one case where homesickness was a deal breaker. While rare, in some cases it can be strong enough for someone to return.

I guess the man was not willing to move to her country either.. hmm.. 

Lack of commitment on both sides IMHO

[diverboy70]

One could, but it would bring 2 risks.
First is that marriage will be closed under the law of her country, and that means you will have to know about the laws especially if you want a prenup.

This is something that has entered my mind lately, since I see a clear possibility of getting there one day with this girl. Since my girl really is a believing Orthodox, an orthodox weddigng is a must for her. I must also say that i have not really looked into this yet. Maybe there is a possibility to marry here and to have the ceremony in Russia?

[BC]

Maybe there is a possibility to marry here and to have the ceremony in Russia?

IIRC jb brought up the possibility that a religious ceremony prior to K1 might be troublesome if this is shared at the consulate interview.

In addition, what if the K1 somehow doesn't work out.. what happens then?.. she has blown her once in a lifetime deal (if Orthodox)..  Might also require some commitments for you too, possibly also having to become Orthodox.

We first got married legally, then had our Orthodox wedding after 5 years.

[ScottinCrimea]

Scott whether I am wrong  or not, what is it to you?

Why don't you spend your time getting yourself out of abject poverty, than criticizing me. I do just fine and don't need your  opinions.

 

So my secret is out.  I live in abject poverty under an overpass, using a crank powered computer and a splice into a nearby phone line to gain what little happiness I can from molesting my rich betters.  I'm now accepting donations to the Save Scott From Poverty Fund to move me up to a hovel down by the town dump.  Any and all wishing to donate, send me a PM and I'll give you my paypal account.

ambach, you know even less about me than you do about the FSU and FSUW or you wouldn't have made such an ill informed comment.  But then ill informed comments seem to be your specialty.

It is quite apparent that your measure of anyone is how much money they have and that accusing me of being in abject poverty is the worst insult you can throw at anyone.  Unfortunately, in this case, you missed the mark by a long shot.

[diverboy70]

IIRC jb brought up the possibility that a religious ceremony prior to K1 might be troublesome if this is shared at the consulate interview.

In addition, what if the K1 somehow doesn't work out.. what happens then?.. she has blown her once in a lifetime deal (if Orthodox)..  Might also require some commitments for you too, possibly also having to become Orthodox.

We first got married legally, then had our Orthodox wedding after 5 years.

Thanks for the info BC!

As i said i haven't really looked into it in depth yet since all this is so new and it will not happen in the nearest future anyway.

[Shadow]

Thanks for the info BC!

As i said i haven't really looked into it in depth yet since all this is so new and it will not happen in the nearest future anyway.

As you live in Finland, it might be subject to the EU visa regulations. They probably are easier in such cases, however you should check the official immigration sites. Also there might be some orthodox churches in Finland, who knows.

[ScottinCrimea]

I'm not up on the IMBRA rules.  I know the USCIS interprets them differently from what the law says due to it's abiguity but the hard and fast limit on 2 is not so hard and fast from what many have posted here.  Yes, a waiver is required but they seem to be granted with no problem where there is no history of violence.

So Scott, it would be helpful to the rest of us, if rather than say Ambach was wrong, to tell us what was wrong with this statement.

Ronnie, here is ambach's quote:

Being careful with K-1 and making sure before you file is always a good idea.

For the second K-1 there is an 18 months waiting period.

There is no lifetime limit on K-1. There are several people on this board who have filed three or four K-1.

ambach is completely wrong when he cites an 18 month waiting period between k-1 applications.  The official documents cite a 2 year waiting period, not 18 months.  He is partially wrong because he is incomplete in his statements.  While technically correct to say that there is no absolute lifetime limit on k-1's, he leaves out the part about any beyond the second one requiring a waiver, thus implying that there are no limiting factors at all.  My comment about his not having read the I-129 instructions are valid because it is quite clear in its wording.  Here's a quote from the instructions:

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. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver

As others have stated, while it appears that waivers have been routinely granted, this could change very quickly with just one intra-agency memo and I am also one who wouldn't want to count on the random decision of someone in Homeland Security to determine whether I could bring my fiance to the US any more than it already is.

For complete details of what conditions would and would not qualify for a waiver, here's a link to an agency memo discussing it in detail and giving examples:  

www.uscis.gov/files/pressrelease/IMBRA072106.pdf

[SANDRO43]

Also there might be some orthodox churches in Finland, who knows.

Quite likely, since the Grand Duchy of Finland (1809–1917) was the predecessor state of modern Finland, and part of the Russian Empire for 108 years.
 
The Uspenski Cathedral (main cathedral of the Finnish Orthodox Church in the diocese of Helsinki) is claimed to be the largest Orthodox church in Western Europe.

[KenC]

There has been an unofficial limit to the number of K-1's a man can take out for some time now.  I know of a case back 8 or 9 years ago, where a guy brought 2 RW here on K-1 visas in consecutive years and sent them both back within the 90 day limit.  When he applied for the third K-1 visa he was given a very difficult time and even though he did get the visa, he was told in no uncertain terms it was his LAST K-1 visa.  Some how, that last visa didn't work out either and the guy moved to Thailand.
KenC

[BC]

As you live in Finland, it might be subject to the EU visa regulations. They probably are easier in such cases, however you should check the official immigration sites. Also there might be some orthodox churches in Finland, who knows.

Good catch Shadow! .. did not think to check diverboy's location.. ass-u-me-d USA.

Thanks for 

[diverboy70]

Quite likely, since the Grand Duchy of Finland (1809–1917) was the predecessor state of modern Finland, and part of the Russian Empire.

The Uspenski Cathedral (main cathedral of the Finnish Orthodox Church in the diocese of Helsinki) is claimed to be the largest Orthodox church in Western Europe.

[diverboy70]

 

Suomi, Suomi!!!!!!!!

[SANDRO43]

Suomi, Suomi!!!!!!!!

Incidentally, when I visited the castle at Savonlinna many years ago, I learned that they rented out their chapel and banqueting hall for marriages.

You might want to check that out, if you aim for a memorable marriage ceremony .

[catzenmouse]

Ambach,

 The point has been made to you several times to do some digging on your own before claiming to know what the facts are. You've made many statements of fact that have been very far from the reality or truth of the situation then complain that "people are being mean to you" in your (IMO) rather arrogant responses.

 The "right way" would be for you to pay attention to what is being said to you and for you to find out from the appropriate legal or immigration source that can correctly answer the specifics of your questions as they relate to your situation.

 People here will go very far out of their way to help someone who is willing to learn and willing to put aside their attitudes about what they "KNOW". So far, to me at least, you are still wanting to show how smart and informed you are rather than spending the time to get to the truth.

 From what I have seen so far from you I feel sorry for the first (or first few) women that you try to "buy" as a future wife.

Good luck to you. You're going to need all you can get.

The right way to correct is first to leave any personal attack out of it. Second post a link where the correct information can be found.

There are a lot of people on this board like AJ and Steve, Gator, BC who have a lot of information and are willing to share it in proper manner; but alas that can't be said for everyone here.

[KenC]

Ambach,

 The point has been made to you several times to do some digging on your own before claiming to know what the facts are. You've made many statements of fact that have been very far from the reality or truth of the situation then complain that "people are being mean to you" in your (IMO) rather arrogant responses.

 The "right way" would be for you to pay attention to what is being said to you and for you to find out from the appropriate legal or immigration source that can correctly answer the specifics of your questions as they relate to your situation.

 People here will go very far out of their way to help someone who is willing to learn and willing to put aside their attitudes about what they "KNOW". So far, to me at least, you are still wanting to show how smart and informed you are rather than spending the time to get to the truth.

 From what I have seen so far from you I feel sorry for the first (or first few) women that you try to "buy" as a future wife.

Good luck to you. You're going to need all you can get.

Catz,
I could not agree with you more!

 Ambach,
Please keep in mind it is VERY difficult to remain civil to you when you show zero emotional attachment for the woman that may indeed be your future wife.  To "objectify" RW the way you do is highly insulting to those of us in loving relationships.  With your attitude, you should be thankful you are being treated as well as you are IMO.
KenC

[Ronnie]

Maxx,
Forgive me for not taking the time to read your full story as it may appear in another thread.  I am curious about your statement that you were found guilty of "pushing and shoving."

Who found you guilty?

What evidence was presented against you to justify such a decision?
In criminal court, he said - she said, with no credible witness or physical evidence is not sufficient for a conviction.

I'm only curious and, please don't take offence, but nearly 98% of convicts in prison continue to proclaim their innocence.  What can you offer that will put to rest the doubts in my mind that naturally spring up about a claim of innocence when one has been convicted by an official tribunal of some kind?