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Waiver for applying again..plz help

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Filed: K-1 Visa Country: Jordan
Timeline

Within the past two years I applied for I-130 and I-129F (K3). I-130 got approved......but thing did not go well with my wife, we got divorced, and I sent the embassy and USCIS letters to revoke. Application got revoked and got confirmation that they revoked applications. Now I have met someone else and got engaged, I am in the process for applying to her for fiancee visa k-1. I read that I need to apply for a waiver with the I-129F application.....is that true? is there a standard format to use?

2009-12-03 I-129F Sent

2009-12-07 NOA1

2010-03-15 NOA2

2010-03-17 NVC Received

2010-03-25 Embassy Received

2010-05-06 Interview.....Approved

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Filed: K-1 Visa Country: Vietnam
Timeline

The I-129F instructions specifically say "K-1" when referring to the filing limitations waiver, but the IMBRA act specifically says fiance(e) AND spousal visas defined under section 101(a)(15)(K), i and ii - which covers K1 and K3.

If your previous I-129F was approved, then you probably need to request a waiver when you file again. You're required to get a waiver if you've had an I-129F petition approved with the past two years.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: K-1 Visa Country: Jordan
Timeline
The I-129F instructions specifically say "K-1" when referring to the filing limitations waiver, but the IMBRA act specifically says fiance(e) AND spousal visas defined under section 101(a)(15)(K), i and ii - which covers K1 and K3.

If your previous I-129F was approved, then you probably need to request a waiver when you file again. You're required to get a waiver if you've had an I-129F petition approved with the past two years.

Only the I-130 got approved back then, the I-129F (K3) was not processed nor approved. So do i still need to send a waiver form for applying for K-1?

2009-12-03 I-129F Sent

2009-12-07 NOA1

2010-03-15 NOA2

2010-03-17 NVC Received

2010-03-25 Embassy Received

2010-05-06 Interview.....Approved

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Filed: K-1 Visa Country: Vietnam
Timeline
The I-129F instructions specifically say "K-1" when referring to the filing limitations waiver, but the IMBRA act specifically says fiance(e) AND spousal visas defined under section 101(a)(15)(K), i and ii - which covers K1 and K3.

If your previous I-129F was approved, then you probably need to request a waiver when you file again. You're required to get a waiver if you've had an I-129F petition approved with the past two years.

Only the I-130 got approved back then, the I-129F (K3) was not processed nor approved. So do i still need to send a waiver form for applying for K-1?

Nope. You need to get a waiver if 2 or more I-129F's have been submitted in the past 10 years, or 1 has been approved in the past 2 years.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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