Noorah101

I'll answer anyway, yes, they need to be declared. Question D.2.

http://www.uscis.gov/files/form/I-130.pdf

Rene

gardener

Rene and Rete,

My fiancee is Korean and in England under a Student Visa. You two may remember me from threads a month or so back, in which you both responded. She is the one who cannot come to the US under any visa, except a K-1 or K-3, for reasons too lengthy to explain again.

BTW, I DID find the e-mail address of my K-1 fiancee who came to the US in 2000, and I wrote to her today. If she responds positively to my request for a scan of her passport, showing her return to China within 90 days of arrival in the US, that should clear my situation to be granted a waiver.

thanks,
Gardener

Noorah101

I went back are read your post where you said you believe she can't get any other visa than a K-1 or K-3, because of some mixup in her school transcripts. But the Immigrant Visa is the more direct route to immigrating here, rather than the K-3, so I believe she would qualify for that. I can't see any reason why she could not get an immigrant visa rather than a K-3, which is the non-immigrant version of the same thing. If you were to marry her instead of bringing her on a K-1 fiance visa, I am sure she could qualify for both the immigrant visa, and the K-3. What I'm trying to say is, I don't think it's possible for someone to get a K-3 but NOT an immigrant visa. A K-3 is just another route towards immigrating...the I-130 route is the more direct route.

In your previous post regarding this, I think you were referring to any other visa besides a marriage-based one...such as work or student. Right?

Cool, I hope you hear back from her and get it all straightened out.

Best Wishes,
Rene

ian-mstm

I did a bit of backtracking and found some interesting information that will either shed some light on the situation, or prompt a slew of questions. The OP indicates that he has submitted two K-1 petitions... and that he's now considering a 3rd one for his current girlfriend. I'd like to know what happened to his wife?

April 15, 2003
My wife is here on a K-3 since January, and we got the 2nd NOA for the I-130 a month ago.

April 17, 2003
My wife's I-485 and I-765 was mailed on March 7, and her fingerprinting and EAD pickup letter was received on April 11...

April 5, 2004
My wife was issued a Permanent Resident Card which expires in two years.

July 20, 2007
My girlfriend has been living and working in Bournemouth, UK for the past 6 years under a Student Visa.

So... not only are there two K-1 applications involved, there's also an earlier (?) K-3 application. Enquiring minds are curious!

Ian

gardener

Ian,

Good detective work!

I did marry a woman in China in January 2002. She was content enough with our marriage, but I was not. She's happy with having a couple of things: a computer in her room, and shopping. Those are her two “hobbies”. I am nearing retirement (BTW, my fiancee is 17 years younger than me, but does not want children) and I need more stimulation in a relationship than that to keep me fulfilled when I do retire. I enjoy the outdoors and gardening, and my ex had led me to believe that she also wanted that, but it became apparent after a few months of her arriving here that that was not to be. There were a few other significant conflicts that developed between us as time went by. We tried to make the marriage work, but our incompatibilities slowly put a wedge between us. I decided last September that we needed a divorce.

I received my divorce papers in February (with the official divorce date in May). When a casual friend and co-worker of mine asked me how married life was back in March, I told him about my divorce. That same week, he told me that his wife’s best friend was interested in getting to know me. That’s how I got involved with my fiancee in England. We met in England in July, and camped and toured southwestern England for two weeks. It became apparent that we share many important values and traits.

I did not mention my divorce from my K-3 wife because that has nothing to do with my present situation – the I-129F does not make any references to previous K-3 applications, only K-1s. But since you brought it up.....

Rene,

I don’t know if the K-1 woman in China even uses the old e-mail address, since its been over 7 years since we last communicated using that e-mail address. At least my e-mail to her didn’t bounce, so that is encouraging. I’ll surely let you know if there is any good news on that front, and I’ll also inform the group if I receive one of those dreaded requests for additional information.

Thanks,
Gardener

Noorah101

Gardener, just make sure you declare ALL your previous petitions filed on behalf of three other previous women, and you can expect to be scrutinized closely, I'm guessing.

Best Wishes,
Rene

gardener

Rene,

No point, and probably not a smart thing to do, to volunteer information that is not asked for. The I-129F was very specific in asking for K-1 apps only. As was mentioned earlier, the reason for asking is to identify patterns of abuse, to bring these people into the country for a price, and let them slip under the radar, never to return to their home country. I have no such pattern, so I am quite confident that my application will be approved. Of course, should an RFI follow, I will be truthful - there is nothing I am hiding. If there is someone out there who thinks I brought my K-3 wife over as part of a bribe, you should see the divorce settlement she got from me! It set me back the equivalent of nearly three years of my wages.

thanks,
Gardener

ian-mstm

Ah... but it is asked for. One question on the I-129F specifically asks, "Have you ever filed for this or any other alien fiancé(e) or husband/wife before?" Further, you must declare your previous marriage/divorce. Don't get so caught up in the waiver that you forget the information requested in the actual form! And you do have to indicate your former spouse's name on the application... and someone might notice that it looks... umm, well... foreign!


As you may know... especially when it comes to USCIS, being truthful up front is far better than being truthful after the fact.

Ian

Rete

It is volunteered information but information that you should have included on the I-129F in the first place. If memory serves me correctly, it asks you to list any one you had previously applied for an immigration visa.

Seriously with this additional information, I would head to the office of a qualified immigration attorney for assistance. If you can document that all is well and you aren't abusing the immigration system to bring in aliens for green card purposes only, then you should be fine. But the services and advice of a trained professional will only serve to enhance your chances for approval, not diminish them.

You apparently have a desire to wed women of a certain ethnic background and this will and has heightened USCIS' suspicions.