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. 1. your most-recent I-129F was approved less than 2 years ago; or
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2. 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?

Let’s talk about it below…