Apply for waiver??

[Phladetroit 0]

letter states

"Since 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 this petition, the petitioner must apply for a waiver"

is the petitioner considered us together?

I have never petitioned anyone in the past.!!!

BUT my girlfriend was petitioned by another guy about 22 months before(approval 10/27/09).. I petitioned her.. (08/09/2011)

her previous petitioner walked away from the relationship and no visa was ever issued.

so I am asking.. what do they want from me??

Are they holding it against us because she was petitioned before?

do they want a letter stating what happened to her last relationship??

plus they are asking me to submit passport photos.. I clearly had them in a bag attached.. whats the deal??

[Penguin_ie 5,994]

The rule only applies to the petitioner, she is the beneficiary, so you are fine there. They probably will ask her what happened to the first petition, but as there are almost 2 years inbetween the two cases, shouldn't be a major issue, just have her tell the truth

Passport photos- could be they lost them, or maybe they were the "wrong" kind (size wrong, you smiled, wrong background colour etc).

[JimVaPhuong 4,863]

letter states

"Since 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 this petition, the petitioner must apply for a waiver"

is the petitioner considered us together?

I have never petitioned anyone in the past.!!!

BUT my girlfriend was petitioned by another guy about 22 months before(approval 10/27/09).. I petitioned her.. (08/09/2011)

her previous petitioner walked away from the relationship and no visa was ever issued.

so I am asking.. what do they want from me??

Are they holding it against us because she was petitioned before?

do they want a letter stating what happened to her last relationship??

plus they are asking me to submit passport photos.. I clearly had them in a bag attached.. whats the deal??

You got an RFE for a waiver request, but you've never filed an I-129F before? How did you answer part A, question 11 on the I-129F?

The multiple filing limits apply only to the US citizen petitioner. They don't apply to the beneficiary. However, having been the beneficiary of multiple K1 petitions over the course of less than two years is certainly a subject that could be an issue at her visa interview.

I would respond to the RFE with an explanation that you've never submitted an I-129F before, for this or any other beneficiary, and therefore aren't subject to the multiple filing limitations. If you accidentally answered yes to part A, question 11, then tell them that this was a mistake. I'd sign the letter in front of a notary.

Regarding the passport pictures, are they asking for passport style photos like the ones required with the G-325A, or are they asking for photocopies of your PASSPORT? If you sent any photocopies of pages in your passport then you should have also sent a copy of the bio page from your passport. If you were using the passport as proof of US citizenship then you should have sent a copy of every page.

Edited February 6, 2012 by JimVaPhuong

[Phladetroit 0]

The rule only applies to the petitioner, she is the beneficiary, so you are fine there. They probably will ask her what happened to the first petition, but as there are almost 2 years inbetween the two cases, shouldn't be a major issue, just have her tell the truth

Passport photos- could be they lost them, or maybe they were the "wrong" kind (size wrong, you smiled, wrong background colour etc).

Thanks will send them a notarized letter and new pics this week

You got an RFE for a waiver request, but you've never filed an I-129F before? How did you answer part A, question 11 on the I-129F?

The multiple filing limits apply only to the US citizen petitioner. They don't apply to the beneficiary. However, having been the beneficiary of multiple K1 petitions over the course of less than two years is certainly a subject that could be an issue at her visa interview.

I would respond to the RFE with an explanation that you've never submitted an I-129F before, for this or any other beneficiary, and therefore aren't subject to the multiple filing limitations. If you accidentally answered yes to part A, question 11, then tell them that this was a mistake. I'd sign the letter in front of a notary.

Regarding the passport pictures, are they asking for passport style photos like the ones required with the G-325A, or are they asking for photocopies of your PASSPORT? If you sent any photocopies of pages in your passport then you should have also sent a copy of the bio page from your passport. If you were using the passport as proof of US citizenship then you should have sent a copy of every page.

reviewed copies of my 129F everything is right.

Thanks will send them a notarized letter and new pics this week

Edited February 6, 2012 by Phladetroit

[Phladetroit 0]

I find it odd that they have her old petition/ WAC number quoted in the letter sent to me.

[Phladetroit 0]

You got an RFE for a waiver request, but you've never filed an I-129F before? How did you answer part A, question 11 on the I-129F?

The multiple filing limits apply only to the US citizen petitioner. They don't apply to the beneficiary. However, having been the beneficiary of multiple K1 petitions over the course of less than two years is certainly a subject that could be an issue at her visa interview.

I would respond to the RFE with an explanation that you've never submitted an I-129F before, for this or any other beneficiary, and therefore aren't subject to the multiple filing limitations. If you accidentally answered yes to part A, question 11, then tell them that this was a mistake. I'd sign the letter in front of a notary.

Regarding the passport pictures, are they asking for passport style photos like the ones required with the G-325A, or are they asking for photocopies of your PASSPORT? If you sent any photocopies of pages in your passport then you should have also sent a copy of the bio page from your passport. If you were using the passport as proof of US citizenship then you should have sent a copy of every page.

It was not a RFE

It was a "Notice of intent to Deny" letter

[milimelo 4,486]

I find it odd that they have her old petition/ WAC number quoted in the letter sent to me.

You don't think they do checks on both you and beneficiary? These days, databases are all connected...