IMBRA RFE return

[Identity 0]

Can anyone confirm if a waiver is required in my case when the RFE does not mention it?

If you answer 'yes' to any of these questions, you do need a waiver:

Have you filed two or more K-1 visa petitions at any time in the past?

Have you previously had a K-1 visa petition approved within two years prior to the filing of this petition?

The answer is 'Yes' to the second question.

I'm wondering why the RFE questionnaire doesn't specifically say to file a waiver. It will be returned anyway.

[Mew 0]

Can anyone confirm if a waiver is required in my case when the RFE does not mention it?

If you answer 'yes' to any of these questions, you do need a waiver:

Have you filed two or more K-1 visa petitions at any time in the past?

Have you previously had a K-1 visa petition approved within two years prior to the filing of this petition?

The answer is 'Yes' to the second question.

I'm wondering why the RFE questionnaire doesn't specifically say to file a waiver. It will be returned anyway.

I'd guess because the waiver should have gone with the application itself. Check the instructions on the I-129f form.

[Mew 0]

A waiver would be requested in this situation:

If you have committed a violent offense against a person or person, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. For details regarding those circumstances, see item 9.B. of these instructions.

- item 4 from I-129f