129F Waiver Requirements

[TommyBVG 0]

I had a previous 129F which expired 8/10 last year, the relationship terminated and I've sent in a withdrawal letter.

Now I am going for a 2nd 129f and the paragraph in Part 3 of the the 129F states that:

"If your beneficiary is you fiance"....., item "b) this is the 3rd (or more) 129f that you have filed and your 1st 129f was approved within the last 2 years" then I need to send in a waiver.

Obviously this doesn't apply to me since this is only my 2nd 129f.

But in the instructions under "Requirements and Documents" on page 2, item 2. it says one of the conditions for requiring a waiver is

b) You previously had a K1 petition approved and less than 2 years have passed since the filing date of such previously approved petition:.

This doesn't say anything about 3 or more filings just (seemingly) if I had one approved within the last 2 years.

Don't these sound contradictory? Will the real requirement please stand up?

Thanks

Tommy

[KayDeeCee 4,893]

The form is incorrect. Please read the Special Instructions > https://www.uscis.gov/i-129f

Follow the form instructions. If your previous I-129F petition was approved and you filed within the past 2 years, you need to include the waiver statement.

[TommyBVG 0]

Huge thank-you KayDee....

Do you know if the evidence they require to support the waiver as described on page 3 of the instructions......if its sufficient to just say "the fiance relationship pertaining to the approved 129F ended last August" ? I have no idea what other evidence I can show...she's not dead or in jail.......

[KayDeeCee 4,893]

Just include a statement about whether or not the visa was actually pursued, that the relationship ended, how/why and when, and you have withdrawn the previous petition. You can include a copy of your withdrawal letter.

[Anitafeliz 1,133]

The letter need not be complicated. Can be as simple as the sample below.

[Date]

United States Department of Homeland Security

U.S. Citizenship and Immigration Services[ ]

Service Center

PO Box xxxxxx

Town, Any State

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.

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 approved Form I-129F for Ms. xxxxxxxxxxxxx of the Republic of the Philippines, WACxxxxxxxxxx, MNL2005xxxxxx. Our relationship did not work out in the end so I did not pursue the petition anymore.

[You might want to add more info here as appropriate]

Hoping for your kind consideration of my request.

Thank you.

Sincerely,

x x xPetitioner

This helped me

Edited June 15, 2016 by Anitafeliz

[KayDeeCee 4,893]

Waiver statement does not need to be notarized.

~ Moved from K-1 Process to IMBRA Special Topics ~

Edited June 15, 2016 by KayDeeCee

[TommyBVG 0]

KayDee and Anita, once again a deep, heartfelt thank you for your time and good advise

[LostRonin 22]

Is a waiver needed if you withdrew the first petition before it was approved?

[RobertM54 36]

Is a waiver needed if you withdrew the first petition before it was approved?

By approved, I assume you mean before the NOA2 was issued. You should be fine.

[LostRonin 22]

By approved, I assume you mean before the NOA2 was issued. You should be fine.

That's correct no NOA2 was received, thank you.