Waiver due to old petition?

[RedRina 19]

Hi,

My fiance had an old marriage petition for like 4years back. Their marriage has ended for almost a year now and their divorce has been approved.

Now my fiancé is about to submit the k1 petition for me. Does he needs to provide a waiver bcoz of the old petition?

We really need an answer for this.

We r wondering as his old petition was marriage  and ended with divorce papers and this new one is fiance. Pls help

[JFH 12,190]

He only needs a waiver if he has previously filed 2 or more I-129Fs or if it is less than 2 years since he filed one. 

 

Although be be prepared for some extra scrutiny because he is petitioning for you just one year after he left his previous wife and she was also from overseas and their marriage was very short. 

[RedRina 19]

@JFH thank you for the response.

is that mean that he doesn't need to do the waiver anymore? Coz he did spousal visa bfore means he filled for i-130f and not i-129f.

 

thank u so much 

[JFH 12,190]

Correct. No waiver required.