K1 waiver

[hyabusa 0]

Hello,

I filed a K1 back in 2001, it was approved shortly after 9/11.

With business running bad ( lost most clients ) my fiance and I decided to wait and refile.

I then refiled for the SAME LADY, in 2002, and she met someone else.

I had received a request for more documentation, and I just walked away from it.

SO, THE SECOND PETITION WAS NEVER APPROVED.

I understand that if you have filed petitions twice, and if both were approved, then you need a waiver.

So, the way I see it, I will not need a waiver if I file again.

I met another lady, and may have to file again.

Thanks

[Matt & Bing 56]

The rule is "if the petitioner previously had a K-1 petition approved within 2 years prior to the filing of this petition, the petitioner must apply for a waiver".

[JimVaPhuong 4,863]

Hello,

I filed a K1 back in 2001, it was approved shortly after 9/11.

With business running bad ( lost most clients ) my fiance and I decided to wait and refile.

I then refiled for the SAME LADY, in 2002, and she met someone else.

I had received a request for more documentation, and I just walked away from it.

SO, THE SECOND PETITION WAS NEVER APPROVED.

I understand that if you have filed petitions twice, and if both were approved, then you need a waiver.

So, the way I see it, I will not need a waiver if I file again.

I met another lady, and may have to file again.

Thanks

Not quite. You have to get a waiver if you have FILED two or more previous petitions at any time, or you have had an APPROVED petition within the last two years.

The exact text of the I-129F instructions:

If you have filed two or more K-1 visa petitions at anytime 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.

I think you need a waiver.

[Matt & Bing 56]

Hello,

I filed a K1 back in 2001, it was approved shortly after 9/11.

With business running bad ( lost most clients ) my fiance and I decided to wait and refile.

I then refiled for the SAME LADY, in 2002, and she met someone else.

I had received a request for more documentation, and I just walked away from it.

SO, THE SECOND PETITION WAS NEVER APPROVED.

I understand that if you have filed petitions twice, and if both were approved, then you need a waiver.

So, the way I see it, I will not need a waiver if I file again.

I met another lady, and may have to file again.

Thanks

Not quite. You have to get a waiver if you have FILED two or more previous petitions at any time, or you have had an APPROVED petition within the last two years.

The exact text of the I-129F instructions:

If you have filed two or more K-1 visa petitions at anytime 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.

I think you need a waiver.

Correct - thanks. Yes a waiver is needed.

[Marina-Del 10]

I think you have established that a waiver is in fact needed in your case, but I was going to suggest that even if it wasn't you write one out just to be on the safe side. There are plenty of examples of waivers on this website (in this forum). Just do a search and you can find different examples, or ids of different users who have filed waivers and might be willing to PM you a copy of a waiver. In fact, I have some examples if you are interested. PM me and let me know.