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Posted

As everyone knows, I canceled my petitions for a K3 visa for my husband. Now I have already started the paperwork to re file in a couple of months, but I have a question, since Im re-filing this time for a CR-1 visa, I have to submit a request for a wavier due to multiple petitions, as I said I filed a

I-130 then a I-129F for a K3 but since Im filing a new petition for the same person, why do I have to request a wavier for multiple petitions?

Or did I miss something again??

Paris Heart

Truly happy!!!

New life, new adventures, and a new attitude.

Posted
As everyone knows, I canceled my petitions for a K3 visa for my husband. Now I have already started the paperwork to re file in a couple of months, but I have a question, since Im re-filing this time for a CR-1 visa, I have to submit a request for a wavier due to multiple petitions, as I said I filed a

I-130 then a I-129F for a K3 but since Im filing a new petition for the same person, why do I have to request a wavier for multiple petitions?

Or did I miss something again??

Paris Heart

Once again you missed something....just kidding....love ya!!

Our K-1 Timeline

01/12/08: Attorney mailed petition to CSC

01/22/08: NOA1

05/27/08: NOA2

06/03/08: NVC received

06/04/08: NVC forwarded to Rio de Janeiro consulate

06/09/08: Consulate received

06/23/08: Packet 3 sent

08/19/08: Interview!! (Approved!!)

08/27/08: Visa in hand

09/12/08: POE (Washington DC)

09/25/08: Applied for Social Security card

10/06/08: Social Security card received

11/12/08: Marriage!!

AOS Timeline

03/21/09: Mailed AOS docs to Chicago

03/23/09: AOS packet received in Chicago

03/31/09: NOA1

04/03/09: NOA1 Received (His Birthday!!)

04/17/09: Received notice that our case was transferred to CSC on 4/13/09

04/17/09: My case has been entered into the USCIS system!!

04/23/09: Biometrics appointment

05/11/09: AP approved

05/12/09: Case arrived at CSC for further processing

05/13/09: EAD approved

05/13/09: AOS Touched

05/14/09: AP received

05/15/09: EAD card received

06/25/09: Card production ordered

07/06/09: Approval notice sent

07/06/09: Card Received!!!

Removal of Conditions

03/23/11: Will mail I-751

Citizenship

03/23/12: Will mail N-400

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Posted
As everyone knows, I canceled my petitions for a K3 visa for my husband. Now I have already started the paperwork to re file in a couple of months, but I have a question, since Im re-filing this time for a CR-1 visa, I have to submit a request for a wavier due to multiple petitions, as I said I filed a

I-130 then a I-129F for a K3 but since Im filing a new petition for the same person, why do I have to request a wavier for multiple petitions?

Or did I miss something again??

Paris Heart

Once again you missed something....just kidding....love ya!!

Your so funny!!!!

Truly happy!!!

New life, new adventures, and a new attitude.

Posted

I do believe you missed something. The waiver you are thinking of applies to K visas. If you are applying for a CR1, it does not apply. Also, even if you go for a K3, you wouldn't need a waiver. A waiver is needed if you filed 2 or more I129Fs in the past or had an I129F approved in the past 2 years. I don't think either applies to you (you withdrew prior to approval), assuming you have filed no other I129Fs except the one you just withdrew. And again, if you are applying for a CR1, the whole thing is moot.

From I129F 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. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

As everyone knows, I canceled my petitions for a K3 visa for my husband. Now I have already started the paperwork to re file in a couple of months, but I have a question, since Im re-filing this time for a CR-1 visa, I have to submit a request for a wavier due to multiple petitions, as I said I filed a

I-130 then a I-129F for a K3 but since Im filing a new petition for the same person, why do I have to request a wavier for multiple petitions?

Or did I miss something again??

Paris Heart

03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email

05/18/2009 - Welcome Letter received

06/12/2009 - Second card production ordered email

06/19/2009 - Approval notice send email

06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

04/10/2012 - N400 received by USCIS

06/23/2012 - Biometrics appointment

07/27/2012 - Appointment scheduled for N400 interview

09/05/2012 - Interview passed, oath ceremony completed, and Naturalization certificate received.

Posted (edited)
I do believe you missed something. The waiver you are thinking of applies to K visas. If you are applying for a CR1, it does not apply. Also, even if you go for a K3, you wouldn't need a waiver. A waiver is needed if you filed 2 or more I129Fs in the past or had an I129F approved in the past 2 years. I don't think either applies to you (you withdrew prior to approval), assuming you have filed no other I129Fs except the one you just withdrew. And again, if you are applying for a CR1, the whole thing is moot.

From I129F 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. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

As everyone knows, I canceled my petitions for a K3 visa for my husband. Now I have already started the paperwork to re file in a couple of months, but I have a question, since Im re-filing this time for a CR-1 visa, I have to submit a request for a wavier due to multiple petitions, as I said I filed a

I-130 then a I-129F for a K3 but since Im filing a new petition for the same person, why do I have to request a wavier for multiple petitions?

Or did I miss something again??

Paris Heart

Yeah I sure did, thank you Urge to Race Now I wonder file the same petitions again ??,or go for CR-1 which is the better Visa all the way around. That has been pointed out many, many times.

Paris Heart

Edited by Paris Heart

Truly happy!!!

New life, new adventures, and a new attitude.

 
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