Visa Waiver??

[Kelley71 0]

Hello,

I have read through the forums. I want to make sure before I file my I-129F Petition.

I filed and I-129F 10-22-07. During that time period the fiance and I parted ways. I felt she was a green card girl. In the meantime. the I129F was approved on 1-22-08. She never was approved. We never were married. I cancelled the case number by certified document. Only after the fact because we broke up the same day of the approval of all dates.

Almost 2 years later, I am engaged again to a wonderful woman. We are filing the I-129F soon with in the month. I am guessing I need to type a waiver with the application explaining the situation? This was my only filing ever.

THanks in advance.

[Kelley71 0]

Hello,

I have read through the forums. I want to make sure before I file my I-129F Petition.

I filed and I-129F 10-22-07. During that time period the fiance and I parted ways. I felt she was a green card girl. In the meantime. the I129F was approved on 1-22-08. She never was approved. We never were married. I cancelled the case number by certified document. Only after the fact because we broke up the same day of the approval of all dates.

Almost 2 years later, I am engaged again to a wonderful woman. We are filing the I-129F soon with in the month. I am guessing I need to type a waiver with the application explaining the situation? This was my only filing ever.

THanks in advance.

Just to clairfy. The packet was sent back from the consulate and cancelled. No Visa was ever granted.

[baron555 934]

From the 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.

Since your package went to the embassy, that means that your petition was approved, so you need the waiver.

Edited June 16, 2009 by baron555

[Gary and Alla 3,694]

Hello,

I have read through the forums. I want to make sure before I file my I-129F Petition.

I filed and I-129F 10-22-07. During that time period the fiance and I parted ways. I felt she was a green card girl. In the meantime. the I129F was approved on 1-22-08. She never was approved. We never were married. I cancelled the case number by certified document. Only after the fact because we broke up the same day of the approval of all dates.

Almost 2 years later, I am engaged again to a wonderful woman. We are filing the I-129F soon with in the month. I am guessing I need to type a waiver with the application explaining the situation? This was my only filing ever.

THanks in advance.

Just to clairfy. The packet was sent back from the consulate and cancelled. No Visa was ever granted.

The rule applies to approved petitions. You had an approved petition in the last two years. You need the waiver request. It is my understanding in cases like this that the waiver is routinely granted. Be aware, they WILL likely mention this to your fiancee at the interview in Kiev. So, if she doesn't know about this, best to tell her yourself now. Not only a bad reaction could result if she finds this out from a CO, but they could deny or delay the visa on the grounds that it is not a "legitimate" relationship if she is unaware of these things. Kiev is usually pretty easy to deal with, but they are not beyond questioning something if it looks bad.

[Matt & Bing 56]

Hello,

I have read through the forums. I want to make sure before I file my I-129F Petition.

I filed and I-129F 10-22-07. During that time period the fiance and I parted ways. I felt she was a green card girl. In the meantime. the I129F was approved on 1-22-08. She never was approved. We never were married. I cancelled the case number by certified document. Only after the fact because we broke up the same day of the approval of all dates.

Almost 2 years later, I am engaged again to a wonderful woman. We are filing the I-129F soon with in the month. I am guessing I need to type a waiver with the application explaining the situation? This was my only filing ever.

THanks in advance.

Just to clairfy. The packet was sent back from the consulate and cancelled. No Visa was ever granted.

The rule applies to approved petitions. You had an approved petition in the last two years. You need the waiver request. It is my understanding in cases like this that the waiver is routinely granted. Be aware, they WILL likely mention this to your fiancee at the interview in Kiev. So, if she doesn't know about this, best to tell her yourself now. Not only a bad reaction could result if she finds this out from a CO, but they could deny or delay the visa on the grounds that it is not a "legitimate" relationship if she is unaware of these things. Kiev is usually pretty easy to deal with, but they are not beyond questioning something if it looks bad.

Yes, it is very important that your fiancee know about the previous filing. The CO will likely ask about it to get the fiancees reaction. Your approval notice will likely state that it is your second approved petition too.

[Kelley71 0]

Hello,

I have read through the forums. I want to make sure before I file my I-129F Petition.

I filed and I-129F 10-22-07. During that time period the fiance and I parted ways. I felt she was a green card girl. In the meantime. the I129F was approved on 1-22-08. She never was approved. We never were married. I cancelled the case number by certified document. Only after the fact because we broke up the same day of the approval of all dates.

Almost 2 years later, I am engaged again to a wonderful woman. We are filing the I-129F soon with in the month. I am guessing I need to type a waiver with the application explaining the situation? This was my only filing ever.

THanks in advance.

Just to clairfy. The packet was sent back from the consulate and cancelled. No Visa was ever granted.

The rule applies to approved petitions. You had an approved petition in the last two years. You need the waiver request. It is my understanding in cases like this that the waiver is routinely granted. Be aware, they WILL likely mention this to your fiancee at the interview in Kiev. So, if she doesn't know about this, best to tell her yourself now. Not only a bad reaction could result if she finds this out from a CO, but they could deny or delay the visa on the grounds that it is not a "legitimate" relationship if she is unaware of these things. Kiev is usually pretty easy to deal with, but they are not beyond questioning something if it looks bad.

Yes, it is very important that your fiancee know about the previous filing. The CO will likely ask about it to get the fiancees reaction. Your approval notice will likely state that it is your second approved petition too.

Thanks for all the help. She already knows about the filing, we were friends when all that stuff was happening. One day we decided to try more than friends and was the best decision I ever made. We talked for over a year before we ever met. She lives in China at the moment teaching school. So she will be going to the consulate in Shanghai because she is under contract until March. We talked about a k3 but I think starting the clock ticking now is a better option.

If we marry how difficult is it to change the k1 to k3 or is this completely unadvised by the group?

[Matt & Bing 56]

Thanks for all the help. She already knows about the filing, we were friends when all that stuff was happening. One day we decided to try more than friends and was the best decision I ever made. We talked for over a year before we ever met. She lives in China at the moment teaching school. So she will be going to the consulate in Shanghai because she is under contract until March. We talked about a k3 but I think starting the clock ticking now is a better option.

If we marry how difficult is it to change the k1 to k3 or is this completely unadvised by the group?

You can't change a K-1 to a K-3 - you will lose whatever time has passed while processing the K-1. If you do want to get married first I have read that the CR-1 route is better but there are others on VJ who know a lot more about that than me.

[Gary and Alla 3,694]

Hello,

I have read through the forums. I want to make sure before I file my I-129F Petition.

I filed and I-129F 10-22-07. During that time period the fiance and I parted ways. I felt she was a green card girl. In the meantime. the I129F was approved on 1-22-08. She never was approved. We never were married. I cancelled the case number by certified document. Only after the fact because we broke up the same day of the approval of all dates.

Almost 2 years later, I am engaged again to a wonderful woman. We are filing the I-129F soon with in the month. I am guessing I need to type a waiver with the application explaining the situation? This was my only filing ever.

THanks in advance.

Just to clairfy. The packet was sent back from the consulate and cancelled. No Visa was ever granted.

The rule applies to approved petitions. You had an approved petition in the last two years. You need the waiver request. It is my understanding in cases like this that the waiver is routinely granted. Be aware, they WILL likely mention this to your fiancee at the interview in Kiev. So, if she doesn't know about this, best to tell her yourself now. Not only a bad reaction could result if she finds this out from a CO, but they could deny or delay the visa on the grounds that it is not a "legitimate" relationship if she is unaware of these things. Kiev is usually pretty easy to deal with, but they are not beyond questioning something if it looks bad.

Yes, it is very important that your fiancee know about the previous filing. The CO will likely ask about it to get the fiancees reaction. Your approval notice will likely state that it is your second approved petition too.

Thanks for all the help. She already knows about the filing, we were friends when all that stuff was happening. One day we decided to try more than friends and was the best decision I ever made. We talked for over a year before we ever met. She lives in China at the moment teaching school. So she will be going to the consulate in Shanghai because she is under contract until March. We talked about a k3 but I think starting the clock ticking now is a better option.

If we marry how difficult is it to change the k1 to k3 or is this completely unadvised by the group?

You would just have to file for the K-3 or, better, CR-1. Unless you need her to work (financially speaking) immediately on arrival, you may well be served by the K-1. It isn't like she is going to be running back to Ukraine every 2 months for a visit and can wait out the AOS process (probably). I think, unless she speaks really good English already (many Ukrainians do not) she would have a difficult time working and is probably better served spending the AOS time period in English classes. But only you know your situation.

[Kelley71 0]

Hello,

I have read through the forums. I want to make sure before I file my I-129F Petition.

I filed and I-129F 10-22-07. During that time period the fiance and I parted ways. I felt she was a green card girl. In the meantime. the I129F was approved on 1-22-08. She never was approved. We never were married. I cancelled the case number by certified document. Only after the fact because we broke up the same day of the approval of all dates.

Almost 2 years later, I am engaged again to a wonderful woman. We are filing the I-129F soon with in the month. I am guessing I need to type a waiver with the application explaining the situation? This was my only filing ever.

THanks in advance.

Thanks for all the advice guys. This site is a ultimate resource and example of people helping people.

Just to clairfy. The packet was sent back from the consulate and cancelled. No Visa was ever granted.

The rule applies to approved petitions. You had an approved petition in the last two years. You need the waiver request. It is my understanding in cases like this that the waiver is routinely granted. Be aware, they WILL likely mention this to your fiancee at the interview in Kiev. So, if she doesn't know about this, best to tell her yourself now. Not only a bad reaction could result if she finds this out from a CO, but they could deny or delay the visa on the grounds that it is not a "legitimate" relationship if she is unaware of these things. Kiev is usually pretty easy to deal with, but they are not beyond questioning something if it looks bad.

Yes, it is very important that your fiancee know about the previous filing. The CO will likely ask about it to get the fiancees reaction. Your approval notice will likely state that it is your second approved petition too.

Thanks for all the help. She already knows about the filing, we were friends when all that stuff was happening. One day we decided to try more than friends and was the best decision I ever made. We talked for over a year before we ever met. She lives in China at the moment teaching school. So she will be going to the consulate in Shanghai because she is under contract until March. We talked about a k3 but I think starting the clock ticking now is a better option.

If we marry how difficult is it to change the k1 to k3 or is this completely unadvised by the group?

You would just have to file for the K-3 or, better, CR-1. Unless you need her to work (financially speaking) immediately on arrival, you may well be served by the K-1. It isn't like she is going to be running back to Ukraine every 2 months for a visit and can wait out the AOS process (probably). I think, unless she speaks really good English already (many Ukrainians do not) she would have a difficult time working and is probably better served spending the AOS time period in English classes. But only you know your situation.