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Re-applying for K-1 visa, anyone???

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Filed: K-1 Visa Country: Vietnam
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Dear all,

Today I called the USCIS rep and asked a question but didn't have a clear answer, here is the scope of the matter.

I filed a K-1 visa for my fiancee and got a noa1, then my mom was having a fit, so I took her to my fiancees' homeland to settle things out. She wasn't happy and I was all confused and to cool things off, wrote a letter to USCIS to cancel the I-129F.

However, my mom really went overboard in her dislike of my fiancee. In the end, I was able to get her back to the States. I stayed with my fiancee for one more month. NOW, I have moved out of the State, and live in another State, and I want to file for k-1 again. This is the instructions on the i-129F "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." MY question is: do I have to write to USCIS to get a waiver? or do I just have to explain what happened, along with all the paper work and money.

Has anyone been through this before? I really appreciate all the help.

And by the way, today I talked to a USCIS rep, she said that having a co-sponsor is good enough, though you might be a full time student and work part time. God bless!

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Filed: AOS (apr) Country: Philippines
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Dear all,

Today I called the USCIS rep and asked a question but didn't have a clear answer, here is the scope of the matter.

I filed a K-1 visa for my fiancee and got a noa1, then my mom was having a fit, so I took her to my fiancees' homeland to settle things out. She wasn't happy and I was all confused and to cool things off, wrote a letter to USCIS to cancel the I-129F.

However, my mom really went overboard in her dislike of my fiancee. In the end, I was able to get her back to the States. I stayed with my fiancee for one more month. NOW, I have moved out of the State, and live in another State, and I want to file for k-1 again. This is the instructions on the i-129F "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." MY question is: do I have to write to USCIS to get a waiver? or do I just have to explain what happened, along with all the paper work and money.

Has anyone been through this before? I really appreciate all the help.

And by the way, today I talked to a USCIS rep, she said that having a co-sponsor is good enough, though you might be a full time student and work part time. God bless!

Filing a second petition for the same alien is suppose to be exempt from the multiple filing limitation. It is uncertain if the USCIS is adjudicating properly. With that said, giving an brief explanation is good... end your explanation with "I hereby request a waiver of the multiple filing limitation based on the circumstances previously explained." (or something to that effect).

YMMV

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Filed: Other Country: China
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Dear all,

Today I called the USCIS rep and asked a question but didn't have a clear answer, here is the scope of the matter.

I filed a K-1 visa for my fiancee and got a noa1, then my mom was having a fit, so I took her to my fiancees' homeland to settle things out. She wasn't happy and I was all confused and to cool things off, wrote a letter to USCIS to cancel the I-129F.

However, my mom really went overboard in her dislike of my fiancee. In the end, I was able to get her back to the States. I stayed with my fiancee for one more month. NOW, I have moved out of the State, and live in another State, and I want to file for k-1 again. This is the instructions on the i-129F "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." MY question is: do I have to write to USCIS to get a waiver? or do I just have to explain what happened, along with all the paper work and money.

Has anyone been through this before? I really appreciate all the help.

And by the way, today I talked to a USCIS rep, she said that having a co-sponsor is good enough, though you might be a full time student and work part time. God bless!

Filing a second petition for the same alien is suppose to be exempt from the multiple filing limitation. It is uncertain if the USCIS is adjudicating properly. With that said, giving an brief explanation is good... end your explanation with "I hereby request a waiver of the multiple filing limitation based on the circumstances previously explained." (or something to that effect).

That would also be my advise. You can keep the letter simple and to the point.

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Filed: K-1 Visa Country: China
Timeline

Can't seem to figure out to make the fonts and all work here, but at any rate.

I will be applying for another K-1 visa next week. First one was approved in March of 08. Per the instructins on the approval notice I have contacted my

local USCIS office and indicated that we do not intend on getting married. I understand I need to file a waiver and explain why the first K-1 fiance and I did not

go through with our plans. I have not applied for any other k-1 visas. (also do not have a crminal record, or any record of abuse) I understand I will explain why I request a waiver when I apply for my second K-1 Visa. Should this be a "routine" approval and does it usually add time to the K-1 approval process and if so does anyone have any idea how much more time?

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Filed: Lift. Cond. (apr) Country: Egypt
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Can't seem to figure out to make the fonts and all work here, but at any rate.

I will be applying for another K-1 visa next week. First one was approved in March of 08. Per the instructins on the approval notice I have contacted my

local USCIS office and indicated that we do not intend on getting married. I understand I need to file a waiver and explain why the first K-1 fiance and I did not

go through with our plans. I have not applied for any other k-1 visas. (also do not have a crminal record, or any record of abuse) I understand I will explain why I request a waiver when I apply for my second K-1 Visa. Should this be a "routine" approval and does it usually add time to the K-1 approval process and if so does anyone have any idea how much more time?

It should not add any more wait time. Our petition was approved at USCIS in 80 days, second petition, same beneficiary.

Don't just open your mouth and prove yourself a fool....put it in writing.

It gets harder the more you know. Because the more you find out, the uglier everything seems.

kodasmall3.jpg

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  • 5 weeks later...
Filed: K-1 Visa Country: China
Timeline
I applied second K-1 last week. I did write letter for tha kind of waiver. If you want, search in our forum for sample letter. Good luck on our journey
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