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ResourcesVisa & Immigration LawUS Immigration LawWhat If My Fiancée Has Applied for a K-1 Visa Before?

What If My Fiancée Has Applied for a K-1 Visa Before?

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancé Visas. We are discussing the question, "what happens if she has had one before?" We are going to use the term "she" because the vast majority of our cases involve a Thai fiancée although not all of them. The gender roles are sometimes reversed and we deal with a lot of same sex couples so if I default to "she", just that is why. 

The K-1 Visa, what happens if she has had one in the past? Well the next question becomes "Well how does she have one from the past? Does she have one with you, the same petitioner?" If so, we have to get into issues associated with what is called the International Marriage Broker Regulation Act or IMBRA which pertains to obviously marriage brokers, which really is kind of an obsolete thing now but there are provisions in there regarding multiple filings of K-1 Visas, K-1 petitions I should say. It more pertains to petitioners than it does to applicants but it may be relevant if you have previously filed the K-1 on your present fiancée and you are looking to file and perfect another one. Yeah, you may have to deal with what is called an IMBRA waiver under that set of circumstances.

If in fact the fiancée in question has previously filed a K-1 and dealt with a K-1 in the past, it may be possible, this is going to get really circumstantially dependent. Often times you kind of need to look back at that prior case, see what was going on there and make sure there is no issues of fraud and misrepresentation and things not to say that that should be presumed but you have to, at least I have to keep that in the back of my mind when I am dealing with K-1 applicants who have previously filed and maybe even obtained a K-1 with another American fiancé in the past. You kind of have to be aware of that past case when dealing with the present case. 

So it is something to be concerned about although generally speaking it is not going to be like a deal killer in terms of whether or not that K-1 will ultimately be processed out.