1 prev approv K-1 Petition within 1 year that was cx require a waiver for 2nd K-1?

[Rick2000 0]

Some body plesae clarify this new IMBRAlized RFE. I had a previous fiancee develop Separartion anxiety and she broke off the relationship last November after her K-1 Petition was approved in October 2005. I cancelled it, met another lady and had her K-1 approved on March 23rd (Arrived at VCS on March 8th). They way I read the new IMBRAlized I-129-F and RFE is if you filed 2 previous K-1s, before you can have the 3rd approved you must obatin a waiver OR if you had one K-1 approved within 2 years you must obtain a waiver. THE BIG WORD IS "OR" which was not in the language of the IMBRA law ( I belive it was "and"). Please. any body have knowledge about this? Thanks, Rick

[aussiewench 9]

IMO it says/means the same as the IMBRA law. Both the IMBRA and the I-129F instructions are saying that if you have had 2 or more approved petitions any time in the past you will need a waiver. If you have had even just one petition approved in the previous 2 years prior to filing this one you will need a waiver. It is covering both scenarios. In other words regardless of how many petitions have been approved, if one or more have been approved within the two year period prior to filing this one, then a waiver will be needed. Otherwise two or more petitions filed any time in the past beyond that two year period will need a waiver.

Submit a written request to have this ruling waived by submitting documentation of your claim. What this will entail is going to vary from case to case. Gather together any information you have regarding the prior petition and why it was cancelled.

All the best to you.

Edited June 29, 2006 by aussiewench

[abdmaroc 0]

Some body plesae clarify this new IMBRAlized RFE. I had a previous fiancee develop Separartion anxiety and she broke off the relationship last November after her K-1 Petition was approved in October 2005. I cancelled it, met another lady and had her K-1 approved on March 23rd (Arrived at VCS on March 8th). They way I read the new IMBRAlized I-129-F and RFE is if you filed 2 previous K-1s, before you can have the 3rd approved you must obatin a waiver OR if you had one K-1 approved within 2 years you must obtain a waiver. THE BIG WORD IS "OR" which was not in the language of the IMBRA law ( I belive it was "and"). Please. any body have knowledge about this? Thanks, Rick

II think the USCIS interpretation of the law is wrong. The law is unambiguous and it clearly states that 2 conditions have to be met before you apply for a waiver. The USCIS states that either of the condition has to be met. The OR is wrong because the law clearly states "AND".

The Law states ‘‘(2)(A) Subject to subparagraphs ( B ) and ( C), a consular officer may not approve a petition under paragraph (1) unless the officer has verified that— ‘‘(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and ‘‘(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition."

Legislative History states "A consular officer may not approve a fiancée visa petition without verifying that the petitioner has not previously petitioned for two or more aliens applying for spousal or fiancée K visas. If the petitioner has had such a petition previously approved, the consular officer must verify that two years have elapsed since the filing of the previous approved petition

USCIS states "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 take: if you filed two or more fiancee visa petitions in the past, and at least one of them was approved, you must wait two (2) years from the filing date of the last approved petition before you can be successfully approved for another fiancee visa petition.

Also, the responsible party is the State Department who knows how they will read this.

[aikorob 0]

I am in the same boat.

Original K1 filed Feb 2004; approved July 2004

She arrived July 2004-stayed only 6 weeks before culture shock took its toll.

This K1 was filed Mar 24 2006, so going by your reasoning, the 2 year limit from filing date of first petion until approval of second petion will be satisfied.

At the ate USCIS is going, it will be 2 years from approval to approval

Any thoughts?