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In 2015 I petitioned for my ex-husband on an I-130 (spousal k3 visa); he went on to receive his conditional and then his permanent resident card. Soon after he received his permanent resident card our marriage had a serious dissolution and I wasn't happy so I filed for divorce. 

 

Come, 2020 and I am wanting to file a K1 for my wonderful fiance... Do I need to ask for a waiver? 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
1 minute ago, eirinlinn said:

In 2015 I petitioned for my ex-husband on an I-130 (spousal k3 visa); he went on to receive his conditional and then his permanent resident card. Soon after he received his permanent resident card our marriage had a serious dissolution and I wasn't happy so I filed for divorce. 

 

Come, 2020 and I am wanting to file a K1 for my wonderful fiance... Do I need to ask for a waiver? 

No

YMMV

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Just now, eirinlinn said:

Short sweet and to the point; thanks! 😁

 

When they say multiple i129fs, they mean it.  It's apparent you have never previously filed an i129f, so a multiple filer waiver wouldn't be necessary 

1 minute ago, eirinlinn said:

With that being said, I wouldn't check any of the boxes, right? 

Actually you would check the 3rd box

YMMV

Posted
1 minute ago, payxibka said:

 

When they say multiple i129fs, they mean it.  It's apparent you have never previously filed an i129f, so a multiple filer waiver wouldn't be necessary 

Actually you would check the 3rd box

Awesome! Thank you. I am just anticipating that this process is going to be much harder due to my extraordinary circumstances. I know that most people only go through this process once; so it gets a little fuzzy at times.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Just now, eirinlinn said:

Awesome! Thank you. I am just anticipating that this process is going to be much harder due to my extraordinary circumstances. I know that most people only go through this process once; so it gets a little fuzzy at times.

Extraordinary circumstances?  Nah, not even close 

YMMV

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
18 minutes ago, eirinlinn said:

In 2015 I petitioned for my ex-husband on an I-130 (spousal k3 visa); he went on to receive his conditional and then his permanent resident card. Soon after he received his permanent resident card our marriage had a serious dissolution and I wasn't happy so I filed for divorce. 

 

Come, 2020 and I am wanting to file a K1 for my wonderful fiance... Do I need to ask for a waiver? 

No waiver needed. However, you maybe still bind to I-864 for your ex-husband until he become USC.

Posted
3 minutes ago, H&T said:

No waiver needed. However, you maybe still bind to I-864 for your ex-husband until he become USC.

Yes; fortunately I am aware and okay with the implications of it. I am thankfully financially sound enough! It would be a nightmare if I weren't. 

Posted
6 hours ago, eirinlinn said:

Do I need to ask for a waiver? 

No. See Page 7 "Item Numbers 5.a. - 5.d. Multiple Filer Waiver Request." section https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

6 hours ago, eirinlinn said:

In 2015 I petitioned for my ex-husband on an I-130 (spousal k3 visa)

If a I-129F wasn't filed for your ex with or after the I-130, then a K-3 wasn't attempted. Even if a K-3 was attempted, odds are your ex entered with a CR-1 visa. In FY 2015, only 182 K-3 visas were issued: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf That same fiscal year, 40,061 CR-1 visas were issued: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2015AnnualReport/FY15AnnualReport-TableVIII.pdf

 
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