Another noob question...

[CONCRETE RIVER]

***Im sure the answer to this question lies on this board somewhere...probably multiple times, but  I tried the search function and am yet to discover the answer.***



Ok, I have a good friend that met a women, applied for the k-1, brought her back to California for the 3 months...but got cold feet and she has since returned.  He tells me that in this case, there is a 2 year grace period to re-apply for a k-1(per his lawyer). 

Is this true even if your second application is for a different female?

Thanks in advance to all!!

[groovlstk]

You're starting this journey on the wrong foot if you are asking this question so early.

If you get engaged to someone and file a K1, you'd damn well better know what you are getting into. Your friend may look at it as returning something he bought at Sears that wasn't up to his expectations, but remember there are real human beings involved in this.

As for your question, I believe you can file 2 K1s in your lifetime and after that you have to apply for a waiver, but someone like Turboguy can probably fill in the blanks.

[tfcrew]

There are various reasons as to why marriage does not take place on the first try.
 

▪ Can U.S. Citizens apply for more than one K1 Visa Petition?

    A U.S. Citizen may not petition for more than one K1 Visa at a
    time. However, if the marriage from a prior K1 Visa does not take
    place and the fiancee leaves the U.S., the U.S. Citizen may again
    petition for the same fiancee or another one in the future.

     http://www.marriagevisaservices.com/Fiancee-Visa-FAQs.html
The 'two years' is a requirement for having visited before visa application and it must be documented.

[Gator]

To quote the US Government, more specifically the USCIS instructions for filing a K-1 visa petition:

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.

As Grovlstk said, take the time to know your woman.  A K-1 is not to be used to "demo" a RW.

[CONCRETE RIVER]

To quote the US Government, more specifically the USCIS instructions for filing a K-1 visa petition:
 

As Grovlstk said, take the time to know your woman.  A K-1 is not to be used to "demo" a RW.

^no doubt.  Thanks to all for your replys.  J

ust to make it clear, I only plan on marriage once in my lifetime.  With that said, before I make any important decision in my life of any sort, I always try to ask myself "whats the worst that could happen".  This would be the reson for my inquiry.

[Faux Pas]

***Im sure the answer to this question lies on this board somewhere...probably multiple times, but  I tried the search function and am yet to discover the answer.***



Ok, I have a good friend that met a women, applied for the k-1, brought her back to California for the 3 months...but got cold feet and she has since returned.  He tells me that in this case, there is a 2 year grace period to re-apply for a k-1(per his lawyer). 
Is this true even if your second application is for a different female?

Thanks in advance to all!!

I believe that to be true. After two you would be required to have a waiver. To expound on groov's post, CR this is no way to be looking at this process. You are not buying a chainsaw or getting a puppy from the pound. It requires commitment. In fact your friend won't but "could" be prosecuted for immigrated fraud. He submitted a form that stated he intended to marry the lady.

Actually, it's people like your good friend that over the years that has made a mockery and a mess of the immigration process now. I'm not going to beat you up over this as you are new and looking for information but, I will tell you this. You really need to give some more serious consideration to not going east for a lady. Cold feet for marrying, didn't like her after she arrived and a bevy of other excuses these guys come up with really don't cut it.

You friend wasn't the first and certainly won't be the last. FSUW are not "on loan" during the k-1 process. This is a very reason there are some many like one or two RW on this forum and especially antidate.com that are so bitter. They have every right to be.

The part of getting to know them, building a relationship and kicking the tires should damn well be done long before you get into a K-1 process.

[CONCRETE RIVER]

my buddy is still in love with said girl, in fact they just got off the phone with each other.  he plans to bring her out again.  3 months is short, i cant see how anyone could go only 3 months of living together and not have atleast a shred of concern...

[CONCRETE RIVER]

There are various reasons as to why marriage does not take place on the first try.
      http://www.marriagevisaservices.com/Fiancee-Visa-FAQs.html
The 'two years' is a requirement for having visited before visa application and it must be documented.

^ i want to make sure i understand.  So if she visited the US prior (illigaly) to  her first Visa app. was sumitted, then there is a 2 year waiting period in that case?

[Daveman]

Well, IMO, a man should have at least 60-90 days or more of face time with a woman through visits, about a year of getting to know each other through speaking on the phone/skype/video, etc prior to starting the K-1 paperwork.  Many will disagree with this and show examples of people who met and married very quickly, after only a week or too, where the woman didn't speak English at all, and they communicated "without words". Bull shit -- they were first lucky that they were indeed compatible, and secondly, the ones who found success this way worked their asses off to make it work with a deep devotion to each other.  THis is the EXCEPTION, not the norm.. and your chances of being an exception a very low (though every single man believes himself to be an exception).  

Rush into the K-1 and rush yourself right into deep kakashka...

SOOOOOO, take your time, develop the relations naturally over time, visit her many times, spend hours upon countless hours on the phone/skype/etc and let the progression grow and expand the relationship naturally.

I like Sandro's description the best.. "Marriage is a container for a relationship..."   The container is absolutely nothing.. it is what you put inside it that counts -- and a good relationship take time to grow.

[Faux Pas]

^ i want to make sure i understand.  So if she visited the US prior (illigaly) to  her first Visa app. was sumitted, then there is a 2 year waiting period in that case?

If I am wrong someone please correct me on this. I think dude will have to submit an entirely new K-1 petition. There will be a two year wait, unless he can get a waiver (unlikely) but he can submit the petition anyway.

[UTRO]

^no doubt.  Thanks to all for your replys.  J

ust to make it clear, I only plan on marriage once in my lifetime.  .

Don't we all young fella!
I believe that even though a K1 might fail, like your Buddy's did, there are other ways to have your 'wife' join you.... Like getting married in the FSU or elsewhere and then applying for her to join you in the USA? Maybe a fellow American can enlighten you on this??

[ECOCKS]

Don't we all young fella!
I believe that even though a K1 might fail, like your Buddy's did, there are other ways to have your 'wife' join you.... Like getting married in the FSU or elsewhere and then applying for her to join you in the USA? Maybe a fellow American can enlighten you on this??

I would say that is his best bet. Go there, marry her and submit a K-3. Then be prepared to justify that it was simply cold feet and they are truly in love. Probably an uphill battle but the best he can hope for in this instance.

And the comments are right on track about turning this into a comedy. The guys who treat this like going to Blockbuster or scheduling Netflix movies really screw this whole concept for those of us who are serious. As someone else mentioned a few days ago, if all you want are a year or two of bedding the Homecoming Queen or picking up a trophy to show the boys back home how effective your Viagra and Cialis meds work. then please just rent her on an as-needed basis.

[JR]

 "whats the worst that could happen".  This would be the reson for my inquiry.

I could write you a book...

Know with the big brain what you are doing. ALWAYS bounce your behaviour off a level-headed person who is removed from the process, IE: don't ask the friend who had the lady over. You won't be thinking clearly. The decisions you make will effect both of your lives in either good or negative ways. What you do during this time will have lasting effects, make sure they are good ones.

[ECOCKS]

CR:

You came here looking for advice and I have to tell you, you' seem to be sort of stutter-stepping through this process.

If you're serious about checking out FSUW that's great. However, trying to mix them into your current social life as just an addiitonal dating interest among many and thinking the K-1 is a test-drive (for you, it probably is for her) is not really giving you good odds of success.

These women are halfway around the world and dating them for a couple of one or two week periods, then filing a K-1 with a "what's the worst that could happen" approach is grossly inconsiderate of the women. Most of us invest several months of focused time in building these relationships. Picking someone to be your life partner is a bit more involved than trying to catch a good sale at Best Buy.

Please don't take that wrong, it just seems that your goal isn't exactly matching up with your approach.

[Muddy]

"Due to the 2006 passage of the International Marriage Broker Act, (IMBRA) 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 the I-129F petition accompanied by documentation of your claim to the waiver."



Explain the history and why you deserve it and end the paragraph with "I hereby request a waiver......."

[CONCRETE RIVER]

CR:


Please don't take that wrong, it just seems that your goal isn't exactly matching up with your approach.

ecocks, im sorry if im coming off paranoid.  But truth is that im already emotionally attatched to a girl and I would be just crushed if it didnt turn out the way I imagine...which is mearly happiness.

And Im searching for family values AND good looks.  Unfortunatly American Media is dwindling my chances to find those qualities in an american girls today. 

i can only promise you all my intentions are genuine. Its just that I have that "too good to be true" wisdom running thru my head is all.

[ECOCKS]

Switch over to Skype conversations, see how the relationship goes when you're talking and then set yourself a timeline for when you're gonna go over for a visit.

Best of Luck!

[tfcrew]

^ i want to make sure i understand.  So if she visited the US prior (illigaly) to  her first Visa app. was submitted, then there is a 2 year waiting period in that case?

I can find no information nor have I ever heard of 'having to wait for two years' to re-apply for a K-1 visa.
Nor do I understand what would be 'illegal' there, if the first visa was approved unless that  original visa was overstayed. In that case, things are not good.
Now, that stated, here is a detailed page on the pertinent 2  year  requirements of the K-1 visa.
http://simplek1.com/k1-visa-core-criteria-part-i-the-two-year-meeting-requirement/

Suppose Jones petitions for Marina to come and become his bride in America. He would have had to be with her in her  country or a country that she may legally enter without a visa at least 2 years prior to that petition. He must be able to prove it...Documents.. flight itenerary..hotel receipts maybe ...certainly dated pictures etc.
Suppose further that the petition is approved and she is granted a visa..flies into the country her entry visa is then stamped and it only gets stamped once and that's it.   
Before the marriage they receive a call...Her father has become deathly ill..[this has happened before.]
She decides to return and be with her family and postpones the wedding.
Perhaps Jones should at least accompany her but if he can't ..he can't.
Doesn't matter...she returned before she was given what is called 'advanced parole'
Say further that Jones and Marina decide they want to be together after this.
The process can be started again [as far as I know] ASAP.
The fees must be paid again..the petition filed again the visa granted again and so on.
If there is a two year wait before this is done..Jones has to go see her again..document all that again and so on.
What a hassle!
That is what I was trying to explain about the two years.

After the second time.. no more dying grandmothers etc. or that just might be it.
As some of the guys wrote earlier..there has been too much fraud with that stuff.
 

[Gator]

I can find no information nor have I ever heard of 'having to wait for two years' to re-apply for a K-1 visa.
 

Go to USCIS site and search for Petition for Alien Fiance(e).   It can be found at this link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

At the bottom of the page, click:  Download Instructions for completing Form I-129F (219KB PDF)

Under "General Instructions" go to second page to find: 

Step 2. General requirements
2. Filing Limitations on K Nonimmigrant Petitioners.

It's all there as I quoted earlier.

This requiremnt was added to the I-129F form after passage of IMBRA.  Some will find it interesting that this regualtory requirement is more stringent than what is specified in the IMBRA legislation.

BTW, I filed for a waiver and received it.  In your Jones-Marina example, Jones would receive a waiver unless Jones has a criminal record involving violence.

BTW, no limit (number or years) is imposed on those filing for a K-3 visa.

[JR]

ecocks, im sorry if im coming off paranoid.  But truth is that im already emotionally attatched to a girl and I would be just crushed if it didnt turn out the way I imagine...which is mearly happiness.

Don't let her crush you, I;ll do that for you! Piss or get off the pot BUT STOP SPINNING YOUR WHEELS! You are only digging yourself into a deeper pit.

[tfcrew]

Step 2. General requirements
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.
2. Filing Limitations on K Nonimmigrant Petitioners.
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. For details regarding those circumstances, see Item 7.B. of these instructions.

I read that before I had posted above. I failed to see a requirement there, that a couple must wait 2 years after a first granted visa to re-apply the petition. Just only that if they do , this waiver thing must be requested.
Does anyone else see that differently?
The clause [Item 7.B.] indicates that if 'Jones' has a record of family violence or assault charges against a person, he would be greatly scrutinized

[tfcrew]

Furthermore...
IMBRA ...is unconstitutional.
It violates every right that you have.
It is a pig-headed law that [if left unamended]  can leave a potentially good hearted husband, susceptible to blackmail...by a fat Yuri possibly.

The law was sponsored by Sen. Sam Brownback, R-KS and Sen. Maria Cantwell, D-WA and was championed by key women's groups. The law was passed after these groups made claims that foreign women who marry American men are subjected to higher rates of abuse than are American women. However, the only study that addresses this issue was done by the INS in 1999 and it found that the rate of abuse in such international marriages is one-seventh the rate of abuse in domestic marriages. See http://www.online-dating-rights.com/index.php?ind=downloads&op=entry_view&iden=24

 

"Claims were made" but factually these incidences were not nearly as high as     marriage to domestic women.
http://www.melindaspenpals.com/blog2/

*I might add that one can observe the recent scandals regarding Craiglist ads.
No big regulations there.
Markoff...a Russian name isn't it?

[facetrock]

CR you already made the your first mistake and its a biggie. You are already emotionaly attached to a woman and your not even sure if she is a scammer or real. You my son are going way to fast. Always remember you are nothing but penpals until you meet. Trust me when I tell you this. All the phone calls and letters dont mean jack until you meet her and see what she is really like in the flesh.
  If you go their with your heart on your sleeve and this woman doesnt have your best interests in mind, she will eat you alive.
You also stated once that you saw no difference in RWs compared to AWs. Your right, their is no difference, other than about 40 pounds.
  I have traveled to alot of places in the world and their is one truth about women. They are pretty much the same no matter where you go. If you are looking for a stay at home mom, which I think you are, you might do better to look elsewhere. RWs are just as career driven as AWs. You mentioned you dont like party girls. What do you think these good looking young women do in the FSU? Stay home and knit? I think they party harder than AWs. As least the bars close sometime during the night in Mississippi, not in the FSU.
  I think you are seeking a fantasy that does not exist. Good luck
 

[JR]

You also stated once that you saw no difference in RWs compared to AWs. Your right, their is no difference, other than about 40 pounds.
 

That is until they get to the U.S.

[Muddy]

I can find no information nor have I ever heard of 'having to wait for two years' to re-apply for a K-1 visa.
Nor do I understand what would be 'illegal' there, if the first visa was approved unless that  original visa was overstayed. In that case, things are not good.
Now, that stated, here is a detailed page on the pertinent 2  year  requirements of the K-1 visa.
http://simplek1.com/k1-visa-core-criteria-part-i-the-two-year-meeting-requirement/

Suppose Jones petitions for Marina to come and become his bride in America. He would have had to be with her in her  country or a country that she may legally enter without a visa at least 2 years prior to that petition. He must be able to prove it...Documents.. flight itenerary..hotel receipts maybe ...certainly dated pictures etc.
Suppose further that the petition is approved and she is granted a visa..flies into the country her entry visa is then stamped and it only gets stamped once and that's it.   
Before the marriage they receive a call...Her father has become deathly ill..[this has happened before.]
She decides to return and be with her family and postpones the wedding.
Perhaps Jones should at least accompany her but if he can't ..he can't.
Doesn't matter...she returned before she was given what is called 'advanced parole'
Say further that Jones and Marina decide they want to be together after this.
The process can be started again [as far as I know] ASAP.
The fees must be paid again..the petition filed again the visa granted again and so on.
If there is a two year wait before this is done..Jones has to go see her again..document all that again and so on.
What a hassle!
That is what I was trying to explain about the two years.

After the second time.. no more dying grandmothers etc. or that just might be it.
As some of the guys wrote earlier..there has been too much fraud with that stuff.
 

Is this the sme Marina who has a child?