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Ando&sirik

Please help with RFE

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Filed: K-1 Visa Country: Armenia
Timeline

I just received the RFE and it says the following. Waiver for Multiple Fiancé Filings.

You must apply for a filing limitations waiver if either of the following is true:

A. You have previously filed Form I129F petitions for two or more beneficiaries at any time in the past; or

B. You have previously had a K1 fiance petition approved and less than 2 years have passed since filing date of such previously approved petition.

MULTIPLE FILER, NO DISQUALIFYING CONVICTIONS (GENERAL WAIVER)

USCIS records show that you have filed multiple I129f petitions: WAC15900******* approved January 8, 2015, and WAC15904****** filed on June 17,2015. As such you must attach a signed and dated request for the waiver, explaining why a waiver is appropriate in your case, together with any evidence in support of the request.

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So basically the first time I filed for a i129f petition it got approved by USCIS but later denied because not meeting in the past 2 years. So in May I went to Armenia got engaged with my fiance to meet the requirement and then came back and filed for the I129F once again. So please help me understand what I should write for the waiver. Thank you very much in advance guys. God bless.

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Filed: K-1 Visa Country: Philippines
Timeline

Do you have the original denial letter? After your I-129F approval, did it get denied at interview? If you have the original denial letter, then you can provide a copy of that. Also, if it's the same person, there should be IDs that have the same numbers, the person with the same name, etc. Pointing out that it's the same person as before, and it got denied later in the process, and you're trying again should help.

Because the way I understand it, your I-129F itself was approved but the Visa was denied.

K-1 Application sent 2-16-16

Received at Dallas lockbox 2-18-16

NOA1, sent to California 2-23-16

NOA2 4-21-16

NVC shipped to Manila 5-12-16

Consulate received 5-16-16

US Embassy Interview -- APPROVED!!! 8-24-16 :dancing: :joy: :dancing:

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Filed: K-1 Visa Country: Armenia
Timeline

Do you have the original denial letter? After your I-129F approval, did it get denied at interview? If you have the original denial letter, then you can provide a copy of that. Also, if it's the same person, there should be IDs that have the same numbers, the person with the same name, etc. Pointing out that it's the same person as before, and it got denied later in the process, and you're trying again should help.

Because the way I understand it, your I-129F itself was approved but the Visa was denied.

So will something like this be enough?

Present Date

U.S. Citizenship and Immigration Services

Appropriate Service Center

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), I respectfully request for waiver on filing limitations in connection with my current petition to my fiancee (Name).

I believe a waiver is appropriate in my circumstance because I have no criminal history with regard to the specified crimes under IMBRA.

I have one prior Form I-129F petitions filed:

Persons Name filed on (Month, Year) in City, State. approved; Visa denied due to not meeting the one of the requirements.

And now I do meet all the requirement set for the I-129F petition.

Please see attached visa denial letter of same person that I am filing for currently.

Hoping for your kind consideration of my request.

PS: please note that I am filing for I-129F petition for the same person, (Name of Fiance)

Thank you.

Sincerely,

Your Name

Edited by Ando&sirik
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Filed: AOS (apr) Country: Cyprus
Timeline

So will something like this be enough?

Present Date

U.S. Citizenship and Immigration Services

Appropriate Service Center

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), I respectfully request for waiver on filing limitations in connection with my current petition to my fiancee (Name).

I believe a waiver is appropriate in my circumstance because I have no criminal history with regard to the specified crimes under IMBRA.

I have one prior Form I-129F petitions filed:

Persons Name filed on (Month, Year) in City, State. approved; Visa denied due to not meeting the one of the requirements.

And now I do meet all the requirement set for the I-129F petition.

Please see attached visa denial letter of same person that I am filing for currently.

Hoping for your kind consideration of my request.

PS: please note that I am filing for I-129F petition for the same person, (Name of Fiance)

Thank you.

Sincerely,

Your Name

Yes that is fine (fix the typos). Attach the NOA2 from the prior approved petition.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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