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ResourcesVisa & Immigration LawUS Immigration LawCan I file for More than One K-1 Fiancée Visa?

Can I file for More than One K-1 Fiancée Visa?

Transcript of the above video:

As the title of this video suggests we are going to be discussing the K-1 fiancée visa specifically from the context of those who have filed for a K-1 before and either obtained said K-1 and not used it or they have obtained said K-1 and never married the fiancée or they did obtain the K-1, got married and subsequently were divorced or their wife or husband passed away, significant other passed away, and they are now seeking a new visa benefit for an overseas fiancée. Are there any restrictions on the number of K-1s that can be filed?

So to just do a quick little history recollection here. There was a time when there was essentially no ceiling on the number of K-1 fiancée visas that an American citizen could petition for. That changed specifically with the provisions of the International Marriage Broker Regulation Act, or IMBRA. Under the regulations they basically stipulated there is a framework for assessing  whether or not a multiple filer for a K-1 fiancée visa or in certain circumstances the K-3 although that doesn't really apply like it once did, but the K category, where you had a multiple filer issue there's a certain framework of analyzing whether or not a waiver is required and if a waiver is required then you are going to have to go ahead and explain the set of circumstances and go ahead and request waiver of the law but there are certain circumstances where timing may essentially extinguish the need for the waiver. So if one filed for a K-1 fiancée visa 12 years ago and circumstances intervened and they are now seeking another K-1 visa for a different fiancée, I suspect that is not going to be a big issue with respect to a multiple filing waiver. That being said, a K-1 Visa that was initially sought 3 years ago and then another K-1 is being sought three years later, that may depending on the circumstances of the case, that may require a waiver. So the thing to take away from this video is probably a good idea if multiple filing is an issue within one's given case to go ahead and contact a legal professional in order to get a better idea of how it's going to impact the case and if a waiver is going to be necessary.