K1 dilemma

amitinredmond

Registered Users (C)
Hello,

I brought my ex into US on k1-visa in Dec2009 - unfortunately, our marriage didn't last long and we divorced in June2010 (final decree Dec2010) - after she had obtained her green card.

What is the probability that I will be able to sponsor my potential spouse (through parental arranged marriage) on K1 again (sometime in the next couple of months)?

This was a legitimate wedding - no foul intentions of any sorts.

Thanks.
 
As an U.S. citizen petitioner, If you have filed two or more Form I-129F K-1 visa petitions at any time in the past, or previously had a K-1 visa 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 the Form I-129F petition accompanied by documentation of your claim to the waiver.

If you have committed a violent offense against a person, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. The documents needed to comply with the International Marriage Broker Regulation Act in the Form I-129F petition include:

1) If you have ever been convicted of crimes;

2) If you are seeking a waiver of the filing limitations imposed by IMBRA.

See http://www.greencardfamily.com/k1visa/k1visa_abuse.htm
 
US law doesn’t allow polygamy, if the first marriage doesn’t end appropriately one cannot apply for K1 Visa. In case of divorce with earlier marriage, the case should have reached its final verdict before applying K1 visa for the Fiancee of a second marriage.

Above condition is satisfied but, both the applicant and US citizen must have met within 2 years of applying this visa. You need to look at this eligibility criteria.
 
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