Second k-1 visa petition

[Waitingpatiently 0]

Gary and Alla...

My current lawyer didn't include the story of how my former attorney said an engagement certificate is needed. She said that you stating underoath that you were not married to your former fiance and that you do not wish to pursue that petition is enough. The first petition will get dismissed. ughh now i'm getting worried. I mean if the USCIS approved it, and my revoked petition was already there, then it must be enough for them to know that i dont want to pursue my first petition. So hopefully the consulate won't hold up the case.. right? =\

[Gary and Alla 3,694]

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

the previous k1 petition was approved a year ago, but my current lawyer didn't do the waiver :\... i guess she didn't know... ughhhhhhhhhhhhhhhhhh

Wait...you said your petition was denied! Which is it? If the petition was denied, you do not need a waiver. If it was approved and the visa was denied at the consulate then you DO need a waiver and they will definitely ask questions about this to your fiance at the interview. Please let us know as it changes the answer.

Petitions and visas are NOT the same thing. YOU file a petition, the foreign beneficiary applies for a visa. If it was denied by USCIS then you never had a approved petition. If it was denied at the consulate then you DID have an approved petition.

it was not denied by USCIS, I mentioned that the petition was revoked by the consulate when they saw the engagement certificate... so if i didn't apply for a waiver, what questions will they ask of my fiance at the interview?

and will the consulate have access to the first petition that was revoked as they are reviewing the second petition? will they revoke the second petition because of the first petition?

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

Jim, her previous petition was not approved. So she does not need a waiver.

OP...you are correct, There is no such thing as an "engagement certificate" in the USA. Maybe in some other country there is, BUT the USCIS requires no such thing for the petition. It IS required for each party to write and sign a letter stating they intend to get married within 90 days of the benficiaries arrival in the USA. The VJ sample is a good one, we used it exactly as printed except names and dates

Hi Gary.

Her petition was approved by USCIS. The visa was not granted.

OK, I did not understand that from reading. Better go back and read again.

If that is the case she DOES need a waiver and her fiance better be prepared for the questions. Even Kiev, which is a cakewalk compared to some consulates, grills people on this. If their answers are reasonable they get the visa. MOST IMPORTANT....number 2 fiance needs to KNOW he is #2. If they spring it on him at the interview and he isn't aware of it, you can expect another denial.

You will probably get an RFE for the waiver, OR the case may just be rejected and have to be re-submitted with a waiver. If you are going to use attorneys, use one that isn't stupid AND you need to inform THEM of all your past dealings with USCIS.

the thing is USCIS did approve the second petition too, and they noted on the approval notice that note this is your second approved petition... will they make a big deal about this at the NVC or at the consulate as to why I didn't file a waiver?

Ok, I am going to cut your attorney some slack now, because you are not telling the whole story. It is hard to answer a question when it is presented in bits and pieces. Each bit and piece changes the answers.

You HAVE a second approved petition? Yes? Then you are past the waiver part, for whatever reason. NVC will not care about the waiver, neither will the consulate. That is a USCIS requirement (or should be). The NVC and Consulates deal only with APPROVED petitions. Sometimes they get held up for additional processing at NVC, but not for waivers. The consulate will only note it as an indication to question the relationship...which they will. At this point you should be preparing for the interview and your #2 better know all about the first case, because they are going to ask.

[Waitingpatiently 0]

gotchya Gary and Alla thank you sooooo much.... i know you are probably frustrated going back and forth but thank youu i really appreciate it.

[Gary and Alla 3,694]

Gary and Alla...

My current lawyer didn't include the story of how my former attorney said an engagement certificate is needed. She said that you stating underoath that you were not married to your former fiance and that you do not wish to pursue that petition is enough. The first petition will get dismissed. ughh now i'm getting worried. I mean if the USCIS approved it, and my revoked petition was already there, then it must be enough for them to know that i dont want to pursue my first petition. So hopefully the consulate won't hold up the case.. right? =\

You now have your final answer. (unless something else changes) The consulate WILL question it, they will not "hold it up" but your fiance needs to be prepared

[Waitingpatiently 0]

I have a question, what does the waiver do? How would it have helped the process?

[JimVaPhuong 4,863]

Nana,

If your second petition was approved by USCIS then either your lawyer included the waiver request, or USCIS may have granted it anyway. The law doesn't specifically require that the waiver be requested. It just allows the Secretary of the Department of Homeland Security to grant a waiver if sufficient grounds exist. Usually, a letter requesting the waiver is included with the petition. Since your lawyer was involved in helping you cancel the first petition, I think your lawyer probably included the waiver request with the second petition.

I have a question, what does the waiver do? How would it have helped the process?

The IMBRA limits the number of petitions that any one petitioner can have - only 1 approved petition in a two year period, or two submitted petitions in your lifetime. The waiver allows them to waive those limitations.

[Waitingpatiently 0]

ohhhhhhhhhhhhhh i seeeee... well i have a copy of the case and all the documents in whcih she submitted, but I don't see a waiver request... i wish i knew about vj earlierr

thank you Jim and Gary, you both reallly helped me out a lot!

[Gary and Alla 3,694]

I have a question, what does the waiver do? How would it have helped the process?

That's an easy one! If you file more than one petition within two years you must request, in writing, a waiver (exception) to the rules limiting you to no more that TWO lifetime and no more than ONE within a two year period. You must explain why you are requesting and how you are qualified. My guess is the USCIS accepted your statement that you did not marry the first fiance as a "waiver request". The fact that he did not receive a visa and you did not get married is an acceptable qualification for a waiver for a second petition. Your attorney either knew this, or you got lucky and had a broad minded adjudicator.

[Anh map 2,098]

What embassy is all this going through?

[Waitingpatiently 0]

I have a question, what does the waiver do? How would it have helped the process?

That's an easy one! If you file more than one petition within two years you must request, in writing, a waiver (exception) to the rules limiting you to no more that TWO lifetime and no more than ONE within a two year period. You must explain why you are requesting and how you are qualified. My guess is the USCIS accepted your statement that you did not marry the first fiance as a "waiver request". The fact that he did not receive a visa and you did not get married is an acceptable qualification for a waiver for a second petition. Your attorney either knew this, or you got lucky and had a broad minded adjudicator.

haha i probably got lucky

[Gary and Alla 3,694]

I have a question, what does the waiver do? How would it have helped the process?

That's an easy one! If you file more than one petition within two years you must request, in writing, a waiver (exception) to the rules limiting you to no more that TWO lifetime and no more than ONE within a two year period. You must explain why you are requesting and how you are qualified. My guess is the USCIS accepted your statement that you did not marry the first fiance as a "waiver request". The fact that he did not receive a visa and you did not get married is an acceptable qualification for a waiver for a second petition. Your attorney either knew this, or you got lucky and had a broad minded adjudicator.

haha i probably got lucky

Maybe. What consulate are you using? That can make a difference in how this is handled and you could possibly get some consulate specific answers

[Waitingpatiently 0]

In Islamabad, Pakistan

[Gary and Alla 3,694]

In Islamabad, Pakistan

Islamabad can be very difficult. I would ask around the regional forum and see what others think of your situation

[Waitingpatiently 0]

Alright... thank you Gary and Alla!

[Old Dominion 26]

They'll ask tough questions even IF you had never applied before. If you have plenty of evidence of a bona fide relationship, one not based on his interest in immigrating, more than just one visit with each other, etc. that will help. Also, it would be beneficial if you were there at the time of the interview.