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Filed: K-1 Visa Country: Germany
Timeline
Posted

Ok now I will try it in this Forum.

My Faince and I are having big problems and wont get married at this point in time,I would like to know if anyone on here has petitioned for the same person twice and was approved.I know it technically is possible,but even though I have found some posts about ppl trying it I havent found one post that said they got approved a second time.

So any info on that please??

NAt

Met on May 17,2005

Got engaged on Sep 15th,2006

Came to the US for good on Jan 27th,2009

and we got married on March 28th,2009

GOD , grant me the serenity

to accept the things I can not change

the courage to change the things I can

and the wisdom to know the difference!

Filed: Citizen (apr) Country: England
Timeline
Posted
It happens.

It might be advisable for your fiance to send written notification to USCIS that his petition for you is 'off'.

You might do well to also notify the consulate (I would do this after receiving P3).

I believe she already has the visa in her passport.

Filed: Other Country: China
Timeline
Posted
It happens.

It might be advisable for your fiance to send written notification to USCIS that his petition for you is 'off'.

You might do well to also notify the consulate (I would do this after receiving P3).

I believe she already has the visa in her passport.

She does. This is a frequent occurance. Yes, it can be done but requires a waiver letter, which basically is a letter from the petitioner explaining why they are petitioning again and asking USCIS to proceed.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Philippines
Timeline
Posted
It happens.

It might be advisable for your fiance to send written notification to USCIS that his petition for you is 'off'.

You might do well to also notify the consulate (I would do this after receiving P3).

I believe she already has the visa in her passport.

She does. This is a frequent occurance. Yes, it can be done but requires a waiver letter, which basically is a letter from the petitioner explaining why they are petitioning again and asking USCIS to proceed.

According to the law, a waiver is not required. However, it appears (at least initially appeared) that the USCIS was improperly adjudicating these petitions and were sending RFE's for waivers if the petition was the second within two years or a third overall petition.

YMMV

Filed: Other Country: China
Timeline
Posted
It happens.

It might be advisable for your fiance to send written notification to USCIS that his petition for you is 'off'.

You might do well to also notify the consulate (I would do this after receiving P3).

I believe she already has the visa in her passport.

She does. This is a frequent occurance. Yes, it can be done but requires a waiver letter, which basically is a letter from the petitioner explaining why they are petitioning again and asking USCIS to proceed.

According to the law, a waiver is not required. However, it appears (at least initially appeared) that the USCIS was improperly adjudicating these petitions and were sending RFE's for waivers if the petition was the second within two years or a third overall petition.

I read the law the same way you do but have no evidence USCIS has corrected their policy to conform to our more correct interpretation. So, I'd send the letter.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Philippines
Timeline
Posted
It happens.

It might be advisable for your fiance to send written notification to USCIS that his petition for you is 'off'.

You might do well to also notify the consulate (I would do this after receiving P3).

I believe she already has the visa in her passport.

She does. This is a frequent occurance. Yes, it can be done but requires a waiver letter, which basically is a letter from the petitioner explaining why they are petitioning again and asking USCIS to proceed.

According to the law, a waiver is not required. However, it appears (at least initially appeared) that the USCIS was improperly adjudicating these petitions and were sending RFE's for waivers if the petition was the second within two years or a third overall petition.

I read the law the same way you do but have no evidence USCIS has corrected their policy to conform to our more correct interpretation. So, I'd send the letter.

Agreed, or at leat have it in your "back pocket".

YMMV

 
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