My friend Sally

[2tallbill]

My friend Sally (not her real name) filed for a K-1 visa in 2010
with a man from the USA. They were obviously not right for each
other so she left before her visa expired and returned to Ukraine.

Now she found another US man and is about to file for a K-1 again.

What advice do you have regarding explaining the previous K-1
Should she write a letter or not

Thank you for your help in this. I will give her a link to this thread.

Udachi

[shakespear]

What advice do you have regarding explaining the previous K-1
Should she write a letter or not

She really has nothing to explain.  Why write a letter?  She didn't overstay a visa or violate any US immigration law. 

[Larry]

Bill,

It's been a few years since I filed a K-1 visa application, but my recollection is that I filed it to bring the FSUW to the US.  She did not file it.  My semi-educated guess is that she is not obliged to affirmatively bring the previous K-1 application to the attention of the US immigration authorities.  I am not, however, completely confident in this guess.  Perhaps visajourney would have some information about this question.

[2tallbill]

Bill,

It's been a few years since I filed a K-1 visa application, but my recollection is that I filed it to bring the FSUW to the US.  She did not file it.  My semi-educated guess is that she is not obliged to affirmatively bring the previous K-1 application to the attention of the US immigration authorities.  I am not, however, completely confident in this guess.  Perhaps visajourney would have some information about this question.

I posted the question at visa journey too

[gfinfla]

It's my understanding that as long as she didn't try to hide the previous k-1,didn't overstay and was in a genuine relationship she would have no problem getting another fiancee visa.

[Manny]

If anything, it is a positive. She got on US soil and then went home when it didn't work out instead of vanishing. A dishonest woman would have stayed come what may. To me, it suggests honest intent.

One would hope they would take the same view when assessing the new application.

[mendeleyev]

I don't think that the law penalizes ladies, but isn't there a limit to the number of apps a guy can file?

[B.B.]

If anything, it is a positive. She got on US soil and then went home when it didn't work out instead of vanishing. A dishonest woman would have stayed come what may. To me, it suggests honest intent.

One would hope they would take the same view when assessing the new application.

This is a perfectly rational position to hold....which is why it is unlikely that some low-level functionary of the US Gov't will hold it. 

I don't think that the law penalizes ladies, but isn't there a limit to the number of apps a guy can file?

When Patty Murray (D-al Qaida), and her not-so-merry-band of humorless banshees wrote the IMBRA, etc., there was a provision limiting the # of K1s that a man can file to two.  For most guys, that's going to be more than enough, but it was put in place for the exercise of control over and punish a disfavored group (men; men who seek foreign brides) for the political benefit of Murray and her cronies, who won approbation from a favored group (the wacko feminist left*).

I think it is unlikely to be challenged in court, but if it is, I doubt it survives constitutional muster, b/c marriage is a fundamental right.

O/H


*By whom I mean "gender" feminists.  Y'know the screechers and whiners.  They are not to be confused with "equity" feminists, which nobody should really have a problem with, at bottom.

[mendeleyev]

Thank you, BB.      

[redroo]

I don't think that the law penalizes ladies, but isn't there a limit to the number of apps a guy can file?

I also would be interested to know if other countries limit the guys.
Australia allows only one Fiance/Partner Visa in a 5 year period, so you better pick right :-(

[gfinfla]

I don't think that the law penalizes ladies, but isn't there a limit to the number of apps a guy can file?

I also would be interested to know if other countries limit the guys.
Australia allows only one Fiance/Partner Visa in a 5 year period, so you better pick right :-(

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

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 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."

[shakespear]

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 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."

That's for the sponsor (man).

[gfinfla]

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 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."

That's for the sponsor (man).

"I also would be interested to know if other countries limit the guys."

Yes, I thought that was who he was asking about.

[Manny]

I am not aware the UK does.

If they did, I guess it could be challenged under the EU Human Rights malarkey that the last government ushered in. People use it to appeal other visa refusals.

[dwfunk]

I don't think that the law penalizes ladies, but isn't there a limit to the number of apps a guy can file?

When Patty Murray (D-al Qaida), and her not-so-merry-band of humorless banshees wrote the IMBRA, etc., there was a provision limiting the # of K1s that a man can file to two.  For most guys, that's going to be more than enough, but it was put in place for the exercise of control over and punish a disfavored group (men; men who seek foreign brides) for the political benefit of Murray and her cronies, who won approbation from a favored group (the wacko feminist left*).

Sigh . . .   More misinformation . . .    More confusion .  .  .


No, it's not 2 and there is no "Limit!" 

There are requirements however to seek a waiver when applying and to provide additional information for a 2nd or more K1 application.  This ONLY applies to the USC (US Citizen).



-david

[Isthmus]

I don't think that the law penalizes ladies, but isn't there a limit to the number of apps a guy can file?

I also would be interested to know if other countries limit the guys.
Australia allows only one Fiance/Partner Visa in a 5 year period, so you better pick right :-(

I think one fiance/spouse visa every 5 years is a resonable limitation. I mean by the time you start the process, go through the process, complete it you only have to be married for a couple of years and the 5 year time frame is nearly up.

It is designed to weed out those relationships that are shams.

In any event, nothing stopping an Australian citizen inviting/guaranteeing a prospective spouse's stay under a tourist visa. I plan to do this shortly. Much more sensible than a potential spouse visa, we both get to know each other better, spend more time together, she gets to see what life is like here and I get to see how she fits in etc ...   

[B.B.]

There are requirements however to seek a waiver when applying and to provide additional information for a 2nd or more K1 application.  This ONLY applies to the USC (US Citizen).

Which is going to last as long as it takes for the first guy to (a) get a waiver denied, and (b) challenge it in court.  Marriage is a fundamental right, and the harpies are going to lose this one.

B/B

[redroo]

Isthumus;

Quote:
In any event, nothing stopping an Australian citizen inviting/guaranteeing a prospective spouse's stay under a tourist visa. I plan to do this shortly. Much more sensible than a potential spouse visa, we both get to know each other better, spend more time together, she gets to see what life is like here and I get to see how she fits in etc ...

The very best idea, but...... 

I wish you well in this mate, I really do, but getting a Tourist Visa for a single, young, childless female from the FSU through the Moscow Embassy is not an easy task. Most get refused.
It helps to have "hostage" left behind (child), or a business, but the Oz Embassy over there is HARD core :-(

[Isthmus]

No child but she does in part support a parent and is a self employed professional (not sure if that counts for or against). She has travelled to western Europe before on a Schengen visa and on a holiday to Japan and returned back home as required   

Hoping that me giving a very detailed letter of invite with clear and direct undertakings should paint a positive picture ...

[Larry]

There are requirements however to seek a waiver when applying and to provide additional information for a 2nd or more K1 application.  This ONLY applies to the USC (US Citizen).

Which is going to last as long as it takes for the first guy to (a) get a waiver denied, and (b) challenge it in court.  Marriage is a fundamental right, and the harpies are going to lose this one.

B/B

Of course you are correct that marriage is a fundamental right and this arbitrary restriction should be struck down, but I wonder how many US District Court judges would do it.  And I could see certain Circuits upholding the decision.  And in any case, it would cost a helluva lot of money to challenge this, unless a good attorney handled it pro se.

[redroo]

"She has travelled to western Europe before on a Schengen visa and on a holiday to Japan and returned back home as required"

BINGO