Applying again for K1 for the same person

[baron555 934]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

You will have to draft up a waiver letter stating exactly what you already said in your beginning post. Also on the I-129F you will state that you did file the previous petition.

[Stephen + Elisha 92]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

You will have to draft up a waiver letter stating exactly what you already said in your beginning post. Also on the I-129F you will state that you did file the previous petition.

The multiple-petition waiver requirement is only supposed to apply to petitions for two or more different alien fiances, but to the best of my knowledge USCIS is still interpreting it to mean that anyone who has filed before must request a waiver.

[vadood 0]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

You will have to draft up a waiver letter stating exactly what you already said in your beginning post. Also on the I-129F you will state that you did file the previous petition.

a

I am totally lost. What i found from earlier replies was that IMBRA says you can not petition for K1 for more than two times. Meaning that you will need a waiver for 3rd and more petitions. But you say we need to ask for a waiver. Is there any official online resource I can check this? Maybe I should ask a lawyer for help.

I am filling the forms for new I129 petition and have come up with the following:

What is an A#? Does an american citizen have an A#? I wonder if they have issued an A# for alien beneficiary when we petitioned before and we should write it in the forms.

I do not know what our case number was, when we last petitioned for K1 visa. There is a reciept number in the format eac-xx-xxx-xxxxx. Is this the case number?

I still do not know if any A# was already issued or not and if so where can we find it to enter in the I-129 form

[vadood 0]

this is from Wikipedia http://en.wikipedia.org/wiki/International..._Regulation_Act

Limits Placed on How Many and How Often Fiancé(e) Visa Petitions May be Filed; Petitioners with Violent Criminal Records Barred from Serial Sponsorship. IMBRA limits a US petitioner’s sponsorship of K1 (fiancé(e)) visas to 2 total, with no less than 2 years between the filing of the last approved petition and the current petition. A petitioner may seek a discretionary waiver of these limits from DHS. However, DHS cannot ordinarily waive the limits if the U.S. petitioner has a record of violent criminal offenses. (Section 832(a)(1))

[Carlawarla 1]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

You will have to draft up a waiver letter stating exactly what you already said in your beginning post. Also on the I-129F you will state that you did file the previous petition.

a

I am totally lost. What i found from earlier replies was that IMBRA says you can not petition for K1 for more than two times. Meaning that you will need a waiver for 3rd and more petitions. But you say we need to ask for a waiver. Is there any official online resource I can check this? Maybe I should ask a lawyer for help.

I am filling the forms for new I129 petition and have come up with the following:

What is an A#? Does an american citizen have an A#? I wonder if they have issued an A# for alien beneficiary when we petitioned before and we should write it in the forms.

I do not know what our case number was, when we last petitioned for K1 visa. There is a reciept number in the format eac-xx-xxx-xxxxx. Is this the case number?

I still do not know if any A# was already issued or not and if so where can we find it to enter in the I-129 form

Waiver, for this purpose, is only a letter submitted with your I-129F, stating basically what occurred with your first visa. You've outlined it already. You're petitioning for the same lady. It doesn't need to be a package of stuff, just a letter to accompany the application. It appears that some people at USICS are interpreting the multiple K-1's as being anything over one, and, as it is just a letter outlining what happened with the first one, it's just as simple to just write a letter and send it in. Don't wait for an RFE asking for the letter, just send it.

Oh, okay, well, maybe you didn't get an A# for the first petition. You did get a case number though, didn't you? Just include that number for referencing. If you don't remember, or have something with the first A#, then you can't add that to the information, don't worry about it.

IMBRA also covers violent crimes and sexual crimes as well as multiple K filings. Did you commit some violent crimes? If not, then don't worry about it.

[baron555 934]

this is from Wikipedia http://en.wikipedia.org/wiki/International..._Regulation_Act

Limits Placed on How Many and How Often Fiancé(e) Visa Petitions May be Filed; Petitioners with Violent Criminal Records Barred from Serial Sponsorship. IMBRA limits a US petitioner’s sponsorship of K1 (fiancé(e)) visas to 2 total, with no less than 2 years between the filing of the last approved petition and the current petition. A petitioner may seek a discretionary waiver of these limits from DHS. However, DHS cannot ordinarily waive the limits if the U.S. petitioner has a record of violent criminal offenses. (Section 832(a)(1))

And NOW we know why Wikipedia is not the definitive source for correct information.

Here is the language from USCIS (note: They ARE the source for correct information):

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.

Note that there is no reference to limitations on number of or how soon one may file a petition.

[Nagishkaw 510]

Regardless, just write a letter and request a waiver. We did that with our second petition and I also made mention of the ' two or more ' and asked how USCIS interpreted that sentence. We were approved without the waiver.

[jsnearline 2]

I am filling the forms for new I129 petition and have come up with the following:

What is an A#? Does an american citizen have an A#? I wonder if they have issued an A# for alien beneficiary when we petitioned before and we should write it in the forms.

Check your receipt and approval notices for the previous I-129F. There should be an A# on them next to the beneficiary's name.

Edited September 21, 2009 by jsnearline

[vadood 0]

Regardless, just write a letter and request a waiver. We did that with our second petition and I also made mention of the ' two or more ' and asked how USCIS interpreted that sentence. We were approved without the waiver.

Thank you for the comment, do you still have a copy of your request for waiver? I wonder how should I write down the thing

[payxibka 10,045]

Regardless, just write a letter and request a waiver. We did that with our second petition and I also made mention of the ' two or more ' and asked how USCIS interpreted that sentence. We were approved without the waiver.

Thank you for the comment, do you still have a copy of your request for waiver? I wonder how should I write down the thing

It is not that hard..

Brief facts surrounding the previous filing... end the paragraph with "I hereby request a waiver from the multiple filings limitation...."

[vadood 0]

We compiled and sent the new petition package to the USCIS, but it seems that they have mixed up previous one [which we had requested to withdraw] with this current one. USCIS has sent two email messages, the first one:

Receipt Number: EACxxxxxxxxxx

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: This case has been received from the State Department with a request we review it.

On October 15, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you.

and then the next day this email

Receipt Number: EACxxxxxxxxxx

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: Withdrawal Acknowledgment Notice Sent

On October 16, 2009, we mailed a notice acknowledging withdrawal of this application or petition I129F PETITION FOR FIANCE(E).

case numbers on both these emails are the case number for our withdrawn petition a couple years ago. but we have sent a new petition at the moment.

how is this possible that they mix up these two?

[Malarie 0]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

yes you do indicate you have applied before... it is a question on the form

thank you, we have not filled the forms yet. I am worried if the fact that we have applied before causes any delays or other problems for us this time

You should be OK as long as you disclose the information and be honest about it.

[jroc 0]

Is this correct?

From a Visa Service Website:

Section 832 (D)(2)(A) of the IMBRA Act:

Subject to subparagraphs (B) and ©, 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. (Bold emphasis, mine).

First: A "consular officer" is part of the U.S. Dept. of State, not USCIS (DHS), and MAY NOT approve or disapprove a petition!! So, we have a contradiction created within the law itself. Anyone knows a consular officer works for the U.S. Dept. of State.

Second: A USCIS memo, dated July 21st, 2006, states:

"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." (Bold emphasis, mine).

Whoa! That's not what the laws says! The law said, "two or more applying aliens," and not a word about K-1 or alien fiancé(e).

So what's wrong with that? Assume a petitioner filed a petition for a person, the person came to the U.S., and decided not to marry. A year later the couple decided they just didn't know each other well enough at first, but now do. So the petitioner files again. Congress says they can. USCIS says they can't! [Argument on the The Immigration Portal].