Question about K1 Waivers

[uverseman 5]

Ok I have a question concerning number of k1's allowed. And please respond with regard to my question, no judgement as to why all this happened, it just did.

In 2000 I had a fiance from China on a k1. All was approved and she ended with a 10 year green card, but unfortunately it ended a divorce. Then in 2005 I partitioned another k1, it was approved and sent to NVC but the process was never completed beyond that point, we decided to break it off. I never did cancel it but I am sure it was closed after the time limits. Now I have k1 in progress with NOA1 received expecting NOA2 by April or so. I read on here in another post about a limit on K1's. Is this true? Is a waiver necessary? Does my second K1 count since we never followed thru? If a waiver is required does it come back as an RFE?

It was much faster and easier in 2000, only 4 months from filing to the time she stepped off the plane in USA.

[TwoCats 55]

Ok I have a question concerning number of k1's allowed. And please respond with regard to my question, no judgement as to why all this happened, it just did.

In 2000 I had a fiance from China on a k1. All was approved and she ended with a 10 year green card, but unfortunately it ended a divorce. Then in 2005 I partitioned another k1, it was approved and sent to NVC but the process was never completed beyond that point, we decided to break it off. I never did cancel it but I am sure it was closed after the time limits. Now I have k1 in progress with NOA1 received expecting NOA2 by April or so. I read on here in another post about a limit on K1's. Is this true? Is a waiver necessary? Does my second K1 count since we never followed thru? If a waiver is required does it come back as an RFE?

It was much faster and easier in 2000, only 4 months from filing to the time she stepped off the plane in USA.

First, I would suggest finding out the status of that 2005 K-1 petition. You do not want it to come back and bite you in the rear end. You may want to call and see if you can inquire into the case's status, and make sure it has been closed/expired.

This is quoted from the I-129F 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.

So, based on the fact that you filed two K-1 petitions in the past, it does appear that you need a waiver. I am not sure what the process is at this point, but since the petition was accepted, it seems likely that you will receive an RFE for the waiver.

Also, did you answer honestly in question #11?

If so, you should have told them about both petitions. If you left one out, you could end up with some issues for not providing full/accurate information.

Edited February 22, 2011 by TwoCats

[YuAndDan 153]

Multi filing of K-1 petitions is an IMBRA topic.. Moving to IMBRA forum...

[uverseman 5]

Also, did you answer honestly in question #11?

If so, you should have told them about both petitions. If you left one out, you could end up with some issues for not providing full/accurate information.

Thanks for response.

Yes I answered honestly with an attached paper containing the past names, dates and places filed, though no case numbers as my records from the past 10 years on these have been misplaced..( true!) Is it possible to inquire about a past case status without any case or alien numbers for reference?

[Matt & Bing 56]

There's no need to inquire on the petition from 2005 that was never consumated. No visa was issued - it has been closed.

[Brad and Vika 129]

There's no need to inquire on the petition from 2005 that was never consumated. No visa was issued - it has been closed.

Be careful here. Filing and approval are different things from visa issuance. The OP might want to just call in and ask the question (although getting a correct answer from USCIS is often a problem too). You can make an infopass appointment and ask as well. Just in the spirit of full disclosure.

[isis12 0]

Be careful here. Filing and approval are different things from visa issuance. The OP might want to just call in and ask the question (although getting a correct answer from USCIS is often a problem too). You can make an infopass appointment and ask as well. Just in the spirit of full disclosure.

hi my fiance had a similar problem,got a k1 at the 2007 but his ex desapper so no wedding and his record was afected cuz tha woman now is ilegal

my fiance visa process took 1 and 4 months

and guess what? was denied because he was sponsor in the past

now we will reply

Edited March 4, 2011 by CAT NAZ