Past K1 fiancee visa

[PJ]

Hi All,

 

Well, I'm about 90% finished with the I-129F petition and corresponding paperwork. Just had a question that's been weighing pretty heavy on my mind.

 

I had filed an I-129F previously. You all know the story behind that. I don't wish to harp on the past, but I know that question 13 on the I-129F is "Have you ever filed for this or any other alien fiancee before?"

 

Well of course I am filling out all things truthfully and completely. So I checked yes and gave relevant information.

 

My concern is that this will cause problems for me to help my true love come here and be with me. I don't want the BCIS to think I'm in the business of helping people come here or something.

 

I do have copies of certified mail receipts and copies of letters that I sent to the director of the BCIS TSC reporting my ex-fiancee Xiaoyong (Ring) fradulant intentions, as well as copies of the itinerary for the one-way plane ticket I bought her to go back to China.

 

Should I include these in my I-129F petition application? I really just want to move beyond the past, but I think I may need to demonstrate that Ring is no longer in the US, and I had no knowledge of her intentions.

 

This really has me worried, and I would be very grateful for any thoughts, insight, knowledge, or experiences that the Candle community can provide.

 

Thanks very much everyone!

 

P.J.

[sandyyu]

hi, PJ,

 

If i were you, i will write a letter to explain what happened before with your ex-fiancee when you file your new application, meanwhile attach the copies of your proving documents.....

 

Good luck

 

Sandy

[Mick]

I think the issue of whether or not it will be problem can be divided into two phases. First phase, will it be a problem when the petition is originally processed at the Texas Service Center. I don't think so. Nothing in the rule books say you cannot file more than once. The second phase, however, has to do with the VO at the interview in GZ, once it gets to that point. We all know from experience that approval/disapproval is largely at the discretion of the interviewing officer. I would suggest that you make sure that you start accumulating all kinds of evidence proving the validity of your relationship. The letters you mentioned may or may not help, I really can't say. In theory, the fact that you had a previous K1 petition approved should in no way affect you application, but theory and practice are two different things. Again, much rides on the VO. Good luck PJ. Our prayers are with you.

[KandY]

PJ,

I know... it's been a long time... but.. I saw your post and wanted to give you my experience with that first hand.

 

POOPOO OCCURS - Immigration realizes that. For different reasons than yours, I had a previous fiance also (PI) and things didnt work out.

 

I answered that question honestly and as you know, my lovely wife has been here since Jan. So don't sweat it - each question on Gov. form creates 3 jobs

 

- Kevin

[Robert S.]

I think for the sake of caution you should wait at least a year.

[Guest Se_Lang]

Is there now or is it still in the process of becoming a law that you can only do 1 a year, I read something on this I think it was something about a marriage broker bill? If I find a link I will post it.

[keelec]

I have wondered why so much of the application turns around previous marriages (domestic, or international).

 

When I put N/A on the application for "Names of Previous Spouses", it was returned (6 months later) so that I could put "none" instead.

 

I think the big concern is that you aren't marrying a foreigner, waiting 2 years, getting divorced, and starting the process all over again (perhaps marrying for profit). Or, even worse yet, bringing women into the country and then having them disappear without fulfilling the visa requirements.

 

There is concern that people are going through the international marriage process for reasons other than LOVE.

 

Anyway, in PJ's case, to the best of his belief, his previous fiancée has left the country and returned to China. Perhaps it would be helpful for him to be able to have "proof" that she is really back in China (handwritten / postmarked letters, dated photos, actual airline records, etc.)

 

I am just wondering, does the USA track visas when people leave the country? In Russia, the passport is checked both coming and going. Perhaps that is part of our immigration problem. There is absolutely no way for the USA to know for sure whether individuals have returned home, or overstayed their visas.

 

----- Clifford -----

[lori&dave]

First congratulations on your new romance!

 

second, according to several K1 gal's experience in 001 forum, (their fiances have applied K1 before and sent their fiancees back to China before they got married), it just takes a longer time for you to pass the security check. But U would be able to get the visa eventually.

 

Best wishes

[MoonCarolCafe]

Is there now or is it still in the process of becoming a law that you can only do 1 a year, I read something on this I think it was something about a marriage broker bill? If I find a link I will post it.

Only 1 per year? I wish it were in the realm of possibility. The BCIS makes it hard to do this once every THREE years!

[Mick]

Is there now or is it still in the process of becoming a law that you can only do 1 a year, I read something on this I think it was something about a marriage broker bill? If I find a link I will post it.

Only 1 per year? I wish it were in the realm of possibility. The BCIS makes it hard to do this once every THREE years!

One hell of a good point!

[Guest Se_Lang]

Only 1 per year?  I wish it were in the realm of possibility.  The BCIS makes it hard to do this once every THREE years!

Ya I dont think our Government was ever accused of making laws that made sense but god knows when ever somebody has a knee jerk there is a new law

[PJ]

Only 1 per year? I wish it were in the realm of possibility. The BCIS makes it hard to do this once every THREE years!

 

MoonCarol,

 

You have quite a keen sense of observation and way with words, my friend. I like it.

 

Everyone,

 

Seriously, does anyone know anything about this "once a year" clause? I suppose maybe I should have waited longer, you know, made sure there is no "rebound effect" or anything. However, you all know me, I let my heart be my guide and go with my emotions.

 

Thanks,

 

P.J.

[Guest C.C.]

Hi All,

 

Well, I'm about 90% finished with the I-129F petition and corresponding paperwork.  Just had a question that's been weighing pretty heavy on my mind.

 

I had filed an I-129F previously.  You all know the story behind that.  I don't wish to harp on the past, but I know that question 13 on the I-129F is "Have you ever filed for this or any other alien fiancee before?"

 

Well of course I am filling out all things truthfully and completely.  So I checked yes and gave relevant information. 

 

My concern is that this will cause problems for me to help my true love come here and be with me.  I don't want the BCIS to think I'm in the business of helping people come here or something.

 

I do have copies of certified mail receipts and copies of letters that I sent to the director of the BCIS TSC reporting my ex-fiancee Xiaoyong (Ring) fradulant intentions, as well as copies of the itinerary for the one-way plane ticket I bought her to go back to China. 

 

Should I include these in my I-129F petition application?  I really just want to move beyond the past, but I think I may need to demonstrate that Ring is no longer in the US, and I had no knowledge of her intentions.

 

This really has me worried, and I would be very grateful for any thoughts, insight, knowledge, or experiences that the Candle community can provide. 

 

Thanks very much everyone!

 

P.J.

Wow, you are so fast! Your previous story seems just happened on

yesterday.

[Guest Se_Lang]

Seriously, does anyone know anything about this "once a year" clause?  I suppose maybe I should have waited longer, you know, made sure there is no "rebound effect" or anything.  However, you all know me, I let my heart be my guide and go with my emotions. 

 

Thanks,

 

P.J.

read this it is near bottom of article

http://abcnews.go.com/sections/world/US/ma...30710_bill.html

[Guest Se_Lang]

Seriously, does anyone know anything about this "once a year" clause?  I suppose maybe I should have waited longer, you know, made sure there is no "rebound effect" or anything.  However, you all know me, I let my heart be my guide and go with my emotions.  

 

Thanks,

 

P.J.

read this it is near bottom of article

http://abcnews.go.com/sections/world/US/ma...30710_bill.html

here is the link to the law

http://thomas.loc.gov/cgi-bin/query/D?c108...p/~c1088UgftY::

 

SEC. 2. LIMIT ON CONCURRENT PETITIONS FOR FIANCE(E) VISAS.

 

Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended--

 

(1) by inserting `(1)' before `A visa'; and

 

(2) by adding at the end the following:

 

`(2) A United States citizen or a legal permanent resident may not file more than 1 application for a visa under section 101(a)(15)(K)(i) in any 1-year period.'.