Is a waiver required for fiance' to receive a second K-1 visa?

[S Wilson 0]

Will a waiver be required for me to get a second K-1 visa for my fiance'? She is my fiance'--the same who received the original K-1 visa, but it was necessary for her to return home before we were married. She returned well within the 90 day period of the K-1 visa. She entered the U.S. November 19, 2008 on a K-1 visa. Because of important family matters it was necessary for her to return home. We chose not to marry until she returns to the U.S. later, after her family 'situation' is resolved. Also, we decided against getting married and having to apply for a K-3 visa in her country.

I have read the IMBRA interoffice memo and the language of this memo leaves some unanswered questions. I have read several opinions about the necessity of a waiver for this situation...at least one of the opinions of a VJ member. I think the VJ member suggested to simply put a request for a waiver in my I129 application. Still, I have no clear idea of what to expect. Should I alert the USCIS of a problem that may not, in fact, be a problem?

Can anyone tell me, with any certainty, if a waiver is required by USCIS or the Embassy? Has anyone had a similar experience?

[YuAndDan 153]

No waiver is required for filing for a second K-1 visa petition for the same fiancee, just attach a copy of the prior petition's I-129F NOA2 letter and highlight the A# that is on that NOA2, and also note the A# on the second I-129F (PART B Question 9)

[pushbrk 12,882]

No waiver is required for filing for a second K-1 visa petition for the same fiancee, just attach a copy of the prior petition's I-129F NOA2 letter and highlight the A# that is on that NOA2, and also note the A# on the second I-129F (PART B Question 9)

This is a common misunderstanding. The fiance doesn't need a waiver but the petitioner does. No problem getting it though under these circumstances. See link below.

http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

B. Filing Limitations

IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has 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 the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3).