Questions about cancelled K1 visas...

[Mogambi 96]

Posting for a friend. Does anyone know the rules of what happens after a K1 visa is cancelled?

I know their petition was 'approved' but I honestly don't know how far it got. For example, not sure if they had visa in hand, but let's assume they did.

Also not positive if it was 'officially' cancelled, or if they just didn't go to the interview and let the petition expire, etc.

But I know there is some 2 Year Waiting Rule, and trying to figure out when that applies, is it after I129F approval? After Visa approval at the embassy? After the K1 is actually USED to enter the US?

The would be petitioner had been in the visa process with another girl, and then found out she was cheating him. Now he has another girlfriend from overseas, different country, and they're wondering if he is going to have to wait.

Also, when do you suppose the 2 year wait would be 'from'? The date the thing was cancelled, or from the original I-129F petition date?

Anyway, been searching, but haven't found a good definitive page on how all that works.

[Moomin 292]

Posting for a friend. Does anyone know the rules of what happens after a K1 visa is cancelled?

I know their petition was 'approved' but I honestly don't know how far it got. For example, not sure if they had visa in hand, but let's assume they did.

Also not positive if it was 'officially' cancelled, or if they just didn't go to the interview and let the petition expire, etc.

But I know there is some 2 Year Waiting Rule, and trying to figure out when that applies, is it after I129F approval? After Visa approval at the embassy? After the K1 is actually USED to enter the US?

The would be petitioner had been in the visa process with another girl, and then found out she was cheating him. Now he has another girlfriend from overseas, different country, and they're wondering if he is going to have to wait.

Also, when do you suppose the 2 year wait would be 'from'? The date the thing was cancelled, or from the original I-129F petition date?

Anyway, been searching, but haven't found a good definitive page on how all that works.

If a i129f petition has been approved that is what matters. There is a waiver though. How long has it been? I don't know if it is required however for the sake of a new petition, I'd at least officially withdraw the first one, and make sure that the foreign fiancee at least knows about it so she won't be surprised if that info pops up at her interview.

[Mogambi 96]

She does know. It's strange, I can't actually find anything 'official' that says anything about having to wait, only that only one petition can be being applied for at one time. So yeah, I'll make sure he knows he should officially request that petition withdrawn and/or cancelled if he hasn't already.

I think this was sometime last year, maybe last fall, I can't say for sure.

I'm on the periphery of this all, just thought since I'm on the forums here I'd post on their behalf.

[JimVaPhuong 4,863]

If a petitioner has had an I-129F petition approved within the past two years, or if they've submitted two or more I-129F petitions at any time in the past, then they are subject to the IMBRA filing limitations and a waiver will be required to submit another I-129F petition. They don't have to wait two years. They just need to include a letter requesting a waiver of the IMBRA filing limitations. Waivers are usually granted unless someone has been convicted of an IMBRA related crime.

Read section 2 on page 2 of the I-129F instructions.