Waiver For Multiple Fiance Filings

[CowBoE 429]

You seem to know a lot about this whole process. You are correct... The K1 Visa was approved by USCIS and then denied by the Embassy in Lagos, Nigeria. However, 4 months after Lagos denied the Visa, I received an official letter from USCIS which told me the Visa was denied. It seems in this case, the left hand didn't know what the right hand was doing. I would think that they would have done a little bit of internal investigation to figure this out. I was reapplying with more evidence to try and prove that our relationship is bona fide.

Are you mixing I-129F and K1 visa?

I-129F is the first part of the processing and once that's approved, the K1 visa filing starts.

[KayDeeCee 4,893]

Yes, it is a bit confusing because the FAM uses the word 'and' between those stipulations, but the I-129F instructions uses the word 'or'. They should write a statement similar to what you did and state he had a previously approved petition for the same fiancee, but the K-1 visa was denied and they are reapplying.

[VOL 425]

You need the waiver.

Easy to do and Good Luck

[Al422 221]

I needed a waiver on my 3rd and got it quickly and easily. Fiances #1 and #2 dumped me over my explicit objection, so I just told USCIS what happened. They then approved #3, my wife, who is living with me now in New York.

[Pianist27 31]

I needed a waiver on my 3rd and got it quickly and easily. Fiances #1 and #2 dumped me over my explicit objection, so I just told USCIS what happened. They then approved #3, my wife, who is living with me now in New York.

How did you find out you got the waiver? Just that the petition was approved, or did you get a notice specifically about the waiver?

[Zedayn 485]

How did you find out you got the waiver? Just that the petition was approved, or did you get a notice specifically about the waiver?

You know your waiver request is successful when you get your NOA2.

[eberhart1967 0]

Thanks for all the comments folks. I simply wrote USCIS to look at both petitions and explained that they are both for the same woman. I received the letter my I-797 letter and the case will now go to Nigeria. In the I-797 it states that this is my second approved petition. I still don't understand why they have to not that part. It makes it sound like I have done this before with another woman. I will keep you all posted.

Eric

[zhuccini 0]

I needed a waiver on my 3rd and got it quickly and easily. Fiances #1 and #2 dumped me over my explicit objection, so I just told USCIS what happened. They then approved #3, my wife, who is living with me now in New York.

very helpful information. Make me worried that maybe they wont approved our waiver, but hoping they will. just mailed our response to USCIS last friday.

[Lade 5]

Hi,

Help Pls!

My Fiancé has previously applied twice for his ex fiancée. The first K1 was denied and they applied again, they broke up and never made it to the next approval and interview. So that was withdrawn.

I am the second he is now applying for, would he need to request a waiver as our Arttoney said we don't need it.

Thanks for your help with this.

[Lade 5]

Thanks for all the comments folks. I simply wrote USCIS to look at both petitions and explained that they are both for the same woman. I received the letter my I-797 letter and the case will now go to Nigeria. In the I-797 it states that this is my second approved petition. I still don't understand why they have to not that part. It makes it sound like I have done this before with another woman. I will keep you all posted.

Eric

Hi Eric,

I hope you got approved in the end. Just wanted to check if I will also be needing a waiver as My Fiancé has previously applied twice for his ex fiancée. The first K1 was denied and they applied again, they broke up and never made it to the next approval and interview. So that was withdrawn.

I am the second he is now applying for, would he need to request a waiver as our Arttoney said we don't need it.

Thanks for your help with this.

Edited March 25, 2015 by Lade

[Lade 5]

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.

That is the exact wording, So because there isn't 2 aliens involved they don't need a wavier because part II refers to having a previous petition and it involves 2 or more aliens. However consular officers never approve petitions they approve visas. So it seems this law has no teeth whatever.

Hi,

Help Pls!

My Fiancé has previously applied twice for his ex fiancée. The first K1 was denied and they applied again, they broke up and never made it to the next approval and interview. So that was withdrawn.

I am the second he is now applying for, would he need to request a waiver as our Arttoney said we don't need it.

Thanks for your help with this.