I-129F Fiance K-1 Visa Multiple filers
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IMBRA limits how many times you can apply for a fiance visa. The bigger problem, however, is red flags.
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Have either of you applied for a fiance K-1 visa before? Maybe your foreign fiance has a past K visa or spousal visa denial. How do these affect your current visa process?
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It’s normal to worry about K-1 visa denial because of
● Past fiance/spousal visa denials
● Past K-1 visa applications
And routinely I get these questions:
“I petitioned for a fiance visa 10 years ago. That marriage didn’t last and I’m ready to try again. Do you think that’s a ‘red flag’ for my current K-1 application?”
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“Someone else in the past petitioned a K-1 for my fiance. It was rejected. Does it affect our current I-129F application?”
Do previous K-1 visa applications hurt your chances? Will you be denied because of red flags? What do they ask at the interview?
The reality is that there’s a law (IMBRA) limiting multiple filing, where you (US petitioner) can only petition the I-129F form a maximum of 2 times in your lifetime. If you’re over this limit, you must request a waiver.
But that’s not the real reason to worry. You see, multiple filer waivers aren’t difficult to get approved. However, convincing them your current K-1 visa case is legitimate is going to the real challenge. The problem is red flags.
Let’s talk about how past visas affect your current K-1 visa situation.
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If a US petitioner files multiple I-129F fiance visa petitions
Let’s talk about the US petitioner first. If you look in the I-129F instructions, you’ll see the “Multiple filer” section (item # 5a to 5d). It’s an actual law that limits your I-129F petitions to a maximum of 2 times (IMBRA) in your lifetime.
According to these instructions, you’re a multiple filer if…
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- 1. your most-recent I-129F was approved less than 2 years ago; or
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- 2. you filed the I-129F twice or more anytime in the past.
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If either of these apply to you, then you need a waiver. A waiver is a way ask for forgiveness and permission to go over this IMBRA limit with your current I-129F.
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There are three types of waivers. Generally, past criminal history dictates what kind you have to get. These are
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- ● General – where you don’t have any criminal history
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- ● Extraordinary circumstances – where you have some violent criminal history
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- ● Mandatory – if you were subject to torture and acted violently in self defense
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There’s no way of knowing if this waiver request will be approved. It depends on your circumstances. The USCIS adjudicator will simply pick up your case and make a “yes / no” decision on it.
You’ll be surprised at how they make this decision. They take a personal approach to figure out if you’re eligible. In fact, they judge if you’re a dependable partner. It’s one of their IMBRA responsibilities.
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Their decision depends on
● The degree of criminal history you have
➣ Is it related to domestic violence?
➣ How likely are you to repeat these crimes?
● The number of petitions you had before
● The timeline of your past K-1 petition
➣ Were they slow and spanned several years?
➣ Were they quick one after the other?
● How “successful” your past K-1 relationships were
➣ Did they end up in marriage?
➣ How long did those marriages last?
➣ Were there children born?
● Whether your previous marriages ended because of things beyond your control. Like death of a former spouse, or because you’re bad with relationships.
● How likely you are to go through with this current relationship
● Your supporting arguments and proof
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If they see you have a repeating history of domestic violence or criminal history, then it’s detrimental to your chance of I-129F multiple filer waiver approval.
Even if criminal history isn’t involved, and they see that you’re a serial relationship jumper, then it’s also unlikely you’ll be approved or taken seriously. They might even suspect you of running a green card or fiance visa scam (where you marry someone for money in return for a US visa). If the suspicion is bad enough, the USCIS may investigate you.
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This whole thing about waivers is a subjective issue. And it’s your responsibility to convince the USCIS or US Embassy that you’re serious about it.
So, if you’re submitting a I-129F multiple filer waiver, here are some…
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Factors that help your Multiple Filer case
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▀ Timespan between relationships and I-129F / K-1 / Spousal visa applications
If there is plenty of time between relationships / petitions then they have reason to believe you’re credible. That you’re not doing this for money. In my opinion, if you had, let’s say at least 5+ years between successive fiance visa petitions, then it’s safe to apply for a waiver. Read about no commonality red flags.
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▀ Previous K-1 / Spousal Relationship were bona fide
Meaning, your previous visa cases were legitimate. They progressed into marriage and perhaps even children. This shows that you began previous relationships in good faith. And they ended at no fault of your own.
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▀ No criminal history
Little or no criminal history helps convince the USCIS that you’re an upright and trustworthy citizen. Think about how they’ll react if, for example, you were convicted for tax fraud. Can they trust you?
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Even though I’ve given you a bunch of things to be concerned about, nonetheless, the multiple file waiver is not too difficult to get approved. The I-129F instructions give you a bit of guidance on making your case. If you present a solid case for for a waiver then it’ll be approved. But still keep in mind, they’re doing you a favor.
So, what we just talked about was the petitioner having multiple I-129F or K-1 visa applications in the past. Now, let’s talk about the real challenge — a beneficiary who’s been involved in previous visa petitions.
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What if someone else petitioned for a K-1 visa for my fiance before?
There’s no multiple filer limit for your foreign fiance (beneficiary) on how many times they can be petitioned either by you or someone else. But common sense tells us that if you’re petitioned often, then there’s obviously something wrong.
In fact, the during adjudication (USCIS) the officer is instructed to check if the same beneficiary has been petitioned before or approved before. If so, they need their superiors to review the case before approving and sending to the NVC. If not, they may issue an RFE to you to prove that the beneficiary’s past cases have been terminated, resolved, denied, etc.
The US Embassy also checks multiple filings in terms of red flags. At the K-1 visa interview, the officer takes a look at your case. They’ll check to see if you’ve had previous K visa or spousal visa applications. The following factors play a big role in their impression of your case…
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● What were the past petitions circumstances?
● How far did the previous K-1 relationships progress? Marriage? Children? Or was it just a quick divorce after getting a Green Card?
● What was the timeline between past applications?
● Any reason to suspect fraud?
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If past petitions happened long ago, then they’ll believe you’re not hunting for a way to get a visa to the US. However, if you have a repetitive history of marriage / visa / divorce, that’s usually a bad sign that you’re trying your luck to get the visa. These situations lead you into red flags.
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Keep in mind that unless you’re free from the previous I-129F or K-1 visa petitions, then you’re not eligible to file this new one. In other words, your past applications must be terminated, expired, denied, etc and not just abandoned.
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Red flags in multiple filer K visa cases
Having multiple K visa petitions or I-129F petitions is one thing. You can make an argument and get your case approved.
But having big red flags in addition is another thing altogether. Red flags complicate matters even further. Things like age difference, language barrier, previous visa denials, etc. give you a harder time.
Imagine if you’ve had 3 prior K-1 relationships and none of them came to fruition. They all ended in divorce quickly. Now imagine you’re retrying for a fourth K-1 but you have red flags like a huge age difference and language barrier. How do you think this is perceived by the officers?
If not for the red flags, you’ll look rash and a poor decision maker. That you’re not committed to relationships. This could mean the officer denies your fiance’s visa to keep him/her “safe” from you especially if you have criminal history (IMBRA laws allow the officer to deny a visa if foreigner will be in danger). You can also read about how being a divorcee affects your K-1 visa process (read “previous divorce fiance visa red flag?“)
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What if my fiance applied for other visas before?
The red flags we talked about were just for the fiance K visa. But what if your fiance was previously petitioned for other visas (spousal CR1/IR1, immediate relative, sibling/parent, student, even tourist b1/b2, etc.)? How do those affect your current K visa process?
Technically, as long as you’re free to marry, you’re eligible to file for a K-1 visa. If you’ve gotten your previous divorces out of the way and you meet all requirements, then you can get a K-1 visa.
But again, your red flags are going to be the bigger challenge. For the foreign fiance beneficiary, think about:
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● What happened in previous marriages and non-immigrant visa applications?
● Was there a Green card issued?
● What is the timeline between previous visa applications and the current one?
● Red flags in previous cases?
● Fraud in previous cases?
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Does it seem like you’re trying to get a visa by any means necessary? Or does it seem like you can’t maintain relationships with partners? Both are not good for your case.
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What will they ask during the K-1 visa interview?
So, with all these potential red flags and waiver requirements, what does it all mean in terms of your K-1 visa approval? Does it mean a K-1 visa denial? What will they ask during the interview?
There’s no set rule for the officers. They check their “gut feeling” and figure out if your case makes sense. When you’re finally standing in front of them, it’s likely that you’ll be asked about…
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- ● The petitioner’s previous marriages / divorces / K visa petitions
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- ● The beneficiary’s previous marriages / divorces / visas
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- ● Whether you’re aware of one another’s past history (in terms of petitions). In fact, your fiance should know the details of any previous fiance visa applications.
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- ● Any children born to previous marriages
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- ● Reasons for previous divorces
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It’s possible they won’t believe you about your case if they see it as another attempt at a US visa. They’re also aware that people play some pretty complex immigration schemes to emigrate to the US.
Otherwise if they see coherency in your case and believe that you’re legitimate, they’ll stamp the approval.
So, be careful of your case perception. Figure out and ‘fix’ red flags. But first, be sure that you’re eligible to file again.
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Have history of K visa petitions?
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Me and my fiance met in May, and we have decided to get married. The issue here and we are confused with is that, my fiance was previously married to a Spanish and he filed I129F for him, It got approved but they never proceed with the further K1 visa process and that form eventually got expired. Also my Fiance moved to Spain but their marriage did not worked out and he moved back to the US. After that we met online and after 9 months we met in May and now he is filling for divorce to his first marriage. Will it cause any issue for us since he filed for his previous fiance an I129F (which they never proceeded with)? His previous marriage was also a same-sex marriage.We are also a same-sex couple.
Hello Ree,
First thing you have to do is check if your petitioner is going to need a waiver for having filed a I-129F before.
Take a look at page 7 of the instructions. This waiver has to be requested depending on how many times the petitioner filed a I-129F and how long ago that happened.
In addition, you also have to make sure the divorce is finalized before starting the k visa process.
-Cris (Visa Tutor Team)
I have a quick question. we are applying for K1 petition the 2nd time for the same beneficiary (fiance). Do we still need a waiver as it is the same beneficiary and less than 2 years of previous approval.
Hello Dan,
Let me understand something: what you’re saying is that you got a 1st petition approved before and just decided not to move on with that?
-Cris (Visa Tutor Team)
Hello Prem this is Angie again. I don’t know why I couldn’t reply to you directly by tapping the “reply “ button. So the case number for his ex fiancé is MNLxxxxxxxxxx. If I search that it says ,” your search has returned multiple results “ and gives two options with the EXACT SAME CASE NUMBER with an additional 01 and 02 in the consecutive two search results. Now the initial case number is of 10 numerical numbers. So these additional two numbers 01&02 makes it to 12 digits in total. So that makes it extra confusing for me. I don’t know if the 2nd case is because of 2nd time appeal as the 1st case was REFUSED. I wish I could upload a picture here so that you can understand my question. The 2nd case was last updated on the 5th of September 2018 but I don’t know if anyone ever went for the interview or not. So sorry to bother you with this again as I cannot find the answer anywhere else online. Please help !
Regards
Angie
Hello Angie,
That’s the first time I’ve heard of getting two case numbers for any case. I’m not sure what’s going on here. But I feel it may have something to do with the appeal your fiance made earlier. They might’ve issued a new version of the case # for that to track.
In any case, that case doesn’t matter anymore because your fiance never ended up marrying that particular applicant. Even if she went to the interview and even if she got approved, as long as your fiance didn’t marry her, then it doesn’t necessarily affect you.
But the fact remains, he’s a multiple filer because your fiance has filed a new I-129F petition within 2 years.
-Prem
Hi Prem,
I am from India and my fiancé is an American. He filed the K1 visa for me on the 31st of August 2018. We just received the email that our case has cleared USCIS and NVC and landed in Mumbai. My fiancé had filed for a K1 visa for a philipina on August 2017 and she was interviewed on the 24th of June 2018, while he was already in a relationship with me. He broke up with her in early 2018 but she appeared for the interview and got denied. So her case number is unique. It is MNLXXXXXXXXXXXX 01
MNLXXXXXXXXXXXX 02. When you check that it says that the first one is refused and the 2nd one is ready. The 1st one was last updated on 31st August 2018(the same day my fiancé applied for my K1) & the second one was ready by 5th September 2018. I am a little confused by this scenario since I know that you get only one case number for each file. And if that case is still open or not. Will that affect my interview? I have been single all my life , with no criminal records and I’m a doctor in India. So I don’t think that there are any red flags on that. But I’m concerned about the previous K1 that he filed and if it is still open and will affect my case or not. Please HELP !
Thank you very much!
AD
Hello Angie,
Every fiance visa case gets a unique number. You may be confusing your case # with someone else’s (random). Don’t swap the numbers around for the MNL case #. Only check the CEAC for your particular case. Was your fiance’s case the “01” or “02”?
Also, since your fiance has filed the I-129F and K-1 within 2 years, he’s considered a multiple filer (as I’m sure you’ve understood in this article). I’m assuming he’s going to have to file a multiple filer waiver if he fits the criteria.
It’s not your criminal history or background that affects a “multiple filer”, it’s your petitioner’s criminal history, background, etc. that affect the multiple filer status.
-Prem
Hey Prem, my relationship is going through the toilet cause of the long distance relationship and we decided to no go through it, but we have a 1 year old boy, we don’t want to marry each other, we were on the NVC process already, if we cancel, is there another way I can reach my son or visa for relative?
Hello Pedro,
Very sad to hear that. Have you not seen your boy yet? Well, the only other way to reach the US to see your son is to get a visitor visa. You don’t need anyone’s permission for that. You can simply apply yourself to the US Embassy. Otherwise, you’re obviously still the father and you have parental rights so no one can take that away from you. The only other alternative is when the child reaches age, he can sponsor you as a relative.
-Prem
I petitioned for someone 12 years ago, got an approved k1 visa, married, had 1 kid. 11 years later we are getting a divorce, this Sept is the final hearing.
After my spouse left me 2.5 years ago, I reconnected with an old love from the same country as my ex, who I have known 14 years. We are considering filing k1 visa after my divorce, but that is still up in the air. I do get concerned about red flags & if it’s better we marry and file that way. My now bf applied once for dv lottery, but was not selected. I’m not sure if that is considered a red flag, do
Hi Yaa,
Your story is very close to me. I had a close friend who went through almost the same exact situation with nearly the same timeline. He also married for almost 10 years after bringing his fiance with a K visa. They had a kid together. After divorce, he also applied for a new K visa. His new fiance from overseas was approved without a problem. Mostly because of the wide timespan between petitions and new relationships.
You’ve had several years in your previous relationship and a bona fide relationship to show for it. I doubt you have a red flag lingering over your case. In fact, since you’ve been separated for 2.5 years, it doesn’t seem like anything is amiss in your case. In my opinion, a k-1 visa route will work for you.
Also, your fiance’s DV lottery situation is not a red flag. Lots of people try for it, but it doesn’t mean that they’re gaming the system. I think you’ll be fine. Let me know if you agree.
-Prem
I hope you see this because I would love to know someone’s opinion. Our I-129F was approved, got all the way to interview but was denied because “lame” lawyer didn’t file waiver with papers – claims he didn’t think he needed to. BUT, we were surprised by the reason – actually 2 reasons – one for misrepresentation (permanent ban) and the other for doing work for pay on a previous visit. I told the lawyer this was wrong, he said he couldn’t do anything, so I got another lawyer. At the interview the girl told the beneficiary he had everything he needed she just couldn’t approve the visa because of the denial of entry on last visit.
Fast forward 7 weeks after denial of visa, just visited new lawyer when I get a note from the Embassy saying they were trying to contact the beneficiary, please verify his contact and notify him. I did, he called – they returned his call and it was the girl that interviewed him – asked why he visited the US on the first trip, he told her, she said I made a mistake, I am removing the ‘misrepresentation’ reason on your denial. He said does that mean I can file for a waiver, she said you need to get a lawyer – I can’t talk about this.
My question is – have you ever heard of the Embassy calling out of the blue to change a denial letter?????
Hello Lanny,
That’s an interesting story. And, yes, the Embassy will change their decision from time to time regarding denials. So, I’m not surprised to hear this. The most important part is that the label of misrepresentation has been removed. If you’re aware, a “misrepresentation” is bad news. It incurs a permanent bar to the US. You can about it further https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
But I’m suspecting that they’re removing the “misrepresentation” from his interview — not necessarily that they retracted their decision to deny your fiance entry for having worked in the US on the wrong visa. So, if they’re removing the misrep label from his records, that means he’s allowed to apply for visas and possibly a waiver. But I don’t know if the next time around he’ll still have that ban due to being denied entry for abusing his tourist visa. Let me know how you plan to handle this. Please let us know the updates soon.
-Prem