Help on second application please

[JcJames 0]

I was approved a K1 Visa back in December, sadly we have been unable to use the Visa due to unfortunate timing of Ill family members and has now expired, though I wish to apply for the same person, I've heard there is two year limitations? I could really do with some help with someone telling me what differences I'll have to make in my second application, any additional forms to fill that could help prevent issues? In the I-129f will I state I've applied for this person before? If so what do I need to write differently?

It's scary to have to start the process again knowing it could be harder this time but any heads up on anything that will help is appreciated.

[Pitaya 2,577]

Have you been in contact with the interviewing embassy/consulate about your situation? What steps did you take to cancel the approved visa?

It helps everybody that uses the forum, or is helped by the forum.

[lili kolo 1]

Hi JcJames, same situation here!

I am doing the second K1 visa.

So at first I contact the consulate and they told me to send them the scealed envelopp with my passeport. ( I did it). They send me back my passeport with a stamp on my Visa who say...Canceld without prejudice.

Right after that I restart the paperwork for a second K1 Visa. For the moment I received my NOA2 without RFE. So I guest everthing is going good for me.

Hope this can help you

Linda

[JcJames 0]

Hi both, thank you for responding, I have yet to take any steps in cancelling as this is a very recent situation, should I still contact the US embassy even though it's already expired? Thank you, I'll fill my journey in also.

[lili kolo 1]

yes, personnaly I didnt know that I have to canceled it up to past the border for visit my fiancé in usa. The man at the border ask about my visa in my passeport and I said that I didnt use for many reason but I want restart it. So its Him who told me that I really have to canceled it before.

This was around 6 month after its expired.

I send a message to the us Consulate (Montréal) that is the copy:

Hi, I apply in the past for a K1/K2 Visa. We was not able to moved in the USA ans get married.

My K1/K2 Visa are expired. I still have the sealed envelope.

We are now ready to restart the process.

Can you tell me please, what to do with my sealed envelope?

If I have to send it to you, can you give me your mail address please?

And this is them answer:

Good morning,

Thank you for your email!

Please send your passport along with the sealed envelope and a letter explaining that you have not used the visa. Please send the documents via courier, once received at post they will be forwarded to the appropriate consular officer.

Best regards,

OP11
Correspondence Unit | Immigrant Visa

U.S. Consulate General in Montreal

And this is the letter I send by mail with my passeport:

OP11 October 17, 2015
Correspondence Unit | Immigrant Visa
U.S. Consulate General in Montreal
Montreal-IV-DV@state.gov

Consulat général des États-Unis
315 Place d'Youville
Case postale 500
Montréal, Québec
H2Y 0A4

To Whom this may concern,
The purpose of this letter, is to return a sealed envelope that was given to us when our K-1 Visa and K-2 Visa were approved. My Fiance and I first applied in January 2013. The K-1 Visa (I PUT THE NUMBER HERE), and K-2 Visa (I PUT THE NUMBER HERE) were approved in November of 2013. Unfortunately due to family problems, the wedding had to be put off, and the Visas expired in April of 2014. As you can imagine, this was a very stressful time for us.
We are now ready to restart the process, and realized that we still have the sealed envelope. We want to be sure everything is done correctly, in order to make the process go as smooth and quick as possible.
If you have any questions or concerns, please feel free to contact me at any time. Thank you for your time.
Sincerely,

[JcJames 0]

You are amazing, thank you so much, I was worried that it was something needed immediately, but the 6 months after, as you mentioned eased my mind. I will go ahead and start this, thank you so much!

[KayDeeCee 4,895]

Yes, you will state you had another petition. You will need to include a waiver statement.

From the I-129F instructions>

2. What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?

You must apply for a filing limitations waiver if any of the following apply:

a. You have previously filed K-1 petitions for two or more beneficiaries; or
b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously
approved petition.

To request a waiver, submit a written request with this petition accompanied by documentation supporting your claim
to the waiver.

[JcJames 0]

Hi KayDeeCee, thank you for responding, just to be clear, when I submit the I-129F I just attach an extra document to the I-129F stating I request a waiver for a second K1 petition and provide my reasoning for why I was unable to the first time along with any evidence correct?

Edited July 2, 2016 by JcJames

[KayDeeCee 4,895]

Yes, just needs to be an explanation statement about filing for the same fiancee, and why the visa was not able to be used and expired so you need to file again.

[JcJames 0]

Thank you for the heads up, that helps so much.

I have a question on the I-129F

Question 14 says:

14. Have you ever filed for this or any other alien finance(e) or husband/wife before?

Yes/No

It then says, if you answered yes provide the following and asks for an Alien Registration number, but would I have that information?

Nevermind, found it on my passport

Edited July 2, 2016 by JcJames