I-129F question 11

[asya 0]

I was married and filed I-130 for my wife. However, after petition was approved we divorced and my former wife never got a visa and never came to US.

Now I'm filing I-129F for my new Fiancee.

1.What should I answer in question 11 of I-129F form?

2. What supporting documents should I provide (if any)?

3.Should I explain whole thing in separate sheet?

[asya 0]

Just for reference, question 11:

Have you ever filed for this or any other alien fiancé(e) or husband/wife before?

[Sylvia_n_Joseph 3]

Yes you FILED . It doesn't ask if the visa was consumated. Filing a visa that is withdrawn counts as a used petition.

[asya 0]

Yes you FILED . It doesn't ask if the visa was consumated. Filing a visa that is withdrawn counts as a used petition.

In other words it counts that I already brought one person to US and am applying for another? And it doesn't matter that the person I filed for didn't even go to embassy to get visa?

Will I have any problems with new petition because of that?

Anyway, what should I write as an explanation?

Also I just realized we have another problem. My fiancee is going to move to another city in 4-5 month (still same country). Is there any way to tell embassy new address before they send documents to fiancee? Or maybe we should put new fiancee address in g325 and i129f even though fiancee doesn't live there yet?

Edited April 29, 2008 by asya

[Sylvia_n_Joseph 3]

You have to file a wavier if you exceed the limits. ( one limit is visas in a 5 year period and the other is lifetime ) It is mostly because of those that have made a cash thing out of marrying someone. Not a big deal.

The change of address may depend on how fast the approval goes. If you are certain she will move i might include it as a note but you should contact whomever has the petition when she moves and file a change of address.

[asya 0]

You have to file a wavier if you exceed the limits. ( one limit is visas in a 5 year period and the other is lifetime ) It is mostly because of those that have made a cash thing out of marrying someone. Not a big deal.

Any idea where I can find information about those limits? Is it more than 1?

Maybe I can just write in the box for answer to question 11 following:

<FIRST NAME> <LAST NAME> approved, divorced

?

The change of address may depend on how fast the approval goes. If you are certain she will move i might include it as a note but you should contact whomever has the petition when she moves and file a change of address.

Thanks

[Sylvia_n_Joseph 3]

It is in the instructions I was wrong about the timed one . It is 2 years not 5 ( mine was 20+ years ago)

I 129 f instructions

look on page 2

[asya 0]

It is in the instructions I was wrong about the timed one . It is 2 years not 5 ( mine was 20+ years ago)

I 129 f instructions

look on page 2

By the way, for my former wife I filed only I130. I didn't file I129F for K3 visa. (I just checked out page 2 of I129F instructions and it says only about K1 visa limitation). Here what it says in instructions:

If you have filed two or more 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.

My previous I130 was approved half a year ago. I didn't file any K1 visa petitions. So I don't need a waiver. Am I right?

Edited April 29, 2008 by asya