Didn't work out but K1 already approved

[carwhisperer 1]

I applied for a K1 in February but sadly things didn't work out for us. I sent letters to Lewisville and Laguna Nuguel but the  NOA2 arrived a few days later, saying we would be notified soon that it was time for the consulate visit in Kiev. I called and sent two emails but heard nothing for a month. I received an email yesterday saying the case is now in the hands of the consulate in Kiev and that I will have to contact them directly to cancel the visa. I plan to send a letter today. My question:

 

Will this count as an approved K1, thereby counting as one of my two K1's for which I can apply without a waiver? I would assume so but I hope not.

[Ben&Zian 4,398]

17 minutes ago, carwhisperer said:

I applied for a K1 in February but sadly things didn't work out for us. I sent letters to Lewisville and Laguna Nuguel but the  NOA2 arrived a few days later, saying we would be notified soon that it was time for the consulate visit in Kiev. I called and sent two emails but heard nothing for a month. I received an email yesterday saying the case is now in the hands of the consulate in Kiev and that I will have to contact them directly to cancel the visa. I plan to send a letter today. My question:

 

Will this count as an approved K1, thereby counting as one of my two K1's for which I can apply without a waiver? I would assume so but I hope not.

 

This is not an approved K-1.. You're I-129f petition was approved; the K-1 is only approved after the interview of the beneficiary.

 

So yes it is important to get this petition withdrawn/canceled, as people have had issues with the petition still being 'active' even 1-2 years later... So take all steps necessary to cancel it.

 

As to further K-1 attempts, I am not sure entirely if this will count since the K-1 was never issued itself; but you will have to claim this on all documents from now on since you did petition for your fiance and it made it all the way through USCIS..

[geowrian 22,337]

1 hour ago, carwhisperer said:

Will this count as an approved K1, thereby counting as one of my two K1's for which I can apply without a waiver? I would assume so but I hope not.

54 minutes ago, Ben&Zian said:

As to further K-1 attempts, I am not sure entirely if this will count since the K-1 was never issued itself; but you will have to claim this on all documents from now on since you did petition for your fiance and it made it all the way through USCIS..

If you have had an approved I-129F (for anybody) and then petition for the same person within 2 years then you will need a waiver.

If you have previously filed a petition for 2 others, you will need a waiver.

The OP's approved I-129F would count in both cases.

 

I-129F instructions:

Item Numbers 5.a.-5.d. Multiple Filer Waiver Request.

You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if:

1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or

2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition.

Edited May 23, 2017 by geowrian

[ddtenor2 80]

44 minutes ago, geowrian said:

If you have had an approved I-129F (for anybody) and then petition for the same person within 2 years then you will need a waiver.

If you have previously filed a petition for 2 others, you will need a waiver.

The OP's approved I-129F would count in both cases.

 

I-129F instructions:

Item Numbers 5.a.-5.d. Multiple Filer Waiver Request.

You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if:

1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or

2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition.

 

If you meet either of the requirements above you will need to request a waiver.  I needed one to re-apply for my fiance.  I just included a letter requesting a waiver when I sent my second I-129F.  I've included the text below.

 

To Whom It May Concern:

My first I-129F application to bring my fiancé, XXXXXXXX XXXXXXXX, to the U.S was approved.  Due to a family medical emergency, he returned to Brazil on January 30, 2015 (before we could marry), so I am beginning the process anew to bring him back to the U.S.  He was granted a K-1 visa and entered the U.S. on January 17, 2015. 

I am not certain whether a waiver is required under these circumstances, but in the event one is necessary, I hereby request a waiver from the I-129F multiple filing limitations.