Multiple Filer Question

[Dima Gordeyev 1]

Hello! 

 

I have previously filed the i-129f application for a former significant other. This was in January of 2019. Two months later we separated, and left the visa application process to its own. Several months later, I received NOA2 with visa approval. Needless to say, I did not pursue it further, just left it as it was. 

 

A year after filing (so, last month) I met a girl abroad and we began dating. I'm projecting that if all goes well, we will apply for her K1 Visa in about another year (beginning of 2021, or maybe the end of 2020). I understand that I must now file as a "multiple filer" and I am wondering if my current circumstances will affect the chances of approval. 

 

Does anyone with a similar experience have anything to share, or anything I can do in order to increases the chances of approval? 

 

Thank you! 

[payxibka 10,045]

36 minutes ago, Dima Gordeyev said:

Hello! 

 

I have previously filed the i-129f application for a former significant other. This was in January of 2019. Two months later we separated, and left the visa application process to its own. Several months later, I received NOA2 with visa approval. Needless to say, I did not pursue it further, just left it as it was. 

 

A year after filing (so, last month) I met a girl abroad and we began dating. I'm projecting that if all goes well, we will apply for her K1 Visa in about another year (beginning of 2021, or maybe the end of 2020). I understand that I must now file as a "multiple filer" and I am wondering if my current circumstances will affect the chances of approval. 

 

Does anyone with a similar experience have anything to share, or anything I can do in order to increases the chances of approval? 

 

Thank you! 

Multiple filer waiver required when filing a second petition within two years or on your third .  They are routinely granted 

[Dima Gordeyev 1]

1 hour ago, payxibka said:

Multiple filer waiver required when filing a second petition within two years or on your third .  They are routinely granted 

Meaning, if it's been 2 years + 1 month since the first NOA, it is no longer necessary to check the multiple filer box? 

 

Or it is necessary, but I don't need a waiver? 

 

Is this hearsay, or the actual instructions according to USCIS? 

 

Thank you!!! 

[payxibka 10,045]

5 hours ago, Dima Gordeyev said:

Meaning, if it's been 2 years + 1 month since the first NOA, it is no longer necessary to check the multiple filer box? 

 

Or it is necessary, but I don't need a waiver? 

 

Is this hearsay, or the actual instructions according to USCIS? 

 

Thank you!!! 

The instructions are quite clear.   One of the boxes in that section needs to be checked. 

 

Is what hearsay?  

[SmallTownPA 72]

If you have not gotten notice that the first application was withdrawn/returned/closed then most likely its still open, in some box, somewhere.

 

I am a multiple filer, and I sent a letter to the consulate formally withdrawing my petition.  The consulate sent the petiton back to the NVC who returned it to USCIS who closed the petition as 'withdrawn by petitioner'.  This took about 2.5 months all told.

 

When I submitted my second I-129F (about two months after withdrawing my first petiton... the writing was on the wall that the first woman was getting cold feet... so I was already dating online well before the offical wihtdrawl request) in the second I-129F I filled out the all the boxes and the IMBRA multiple filer box.  I added two pages:  One was a written request for a multiple filer (general) waiver (google them, they are online) and another was the email/letter to the consulate withdrawing my petition.

 

Its pretty painless.

 

But if you do not get a formal letter from UCSIC regardign the status of the FIRST I-129F I think you will be in for a delay, and an RFE as you will possible have TWO open I-129Fs and that's not gonna fly.

[Mi_Mo 27]

I was in a similar situation and just left my previous petition as it was, and didn’t withdrew it. I petitioned my current fiancé last October and I did have to request a waiver since it was before the 2 years. 
I received an RFE In regards to the previous petition. You still have the opportunity to send a letter to withdraw it, even if already is. Just for piece of mind and in case the same happens to you, you have evidence that you actually withdrew it. 

[SmallTownPA 72]

2 hours ago, Moe&Mimi said:

I was in a similar situation and just left my previous petition as it was, and didn’t withdrew it. I petitioned my current fiancé last October and I did have to request a waiver since it was before the 2 years. 
I received an RFE In regards to the previous petition. You still have the opportunity to send a letter to withdraw it, even if already is. Just for piece of mind and in case the same happens to you, you have evidence that you actually withdrew it. 

I know the expiration for an approved I-129F is 4 months, but if an petition 'dies' at the consulate, I think it gets a low priority and simply sits for a long time.  I'm sure that CO has a workflow they have to perform to adjudicate 'active' petitions first, as they are time sensitive.... expired petitions are just dead weight that they 'get to'.

 

If a petitioner formally withdraws a petition, then a response MUST be generated, and its assigned a new workflow and even though its 'dead', there is a formal process that it can follow, and not just be 'dead weight'.

 

My time from emailing the consulate to a letter from USCIS with a final disposition of the petition was about 2 months (well, slightly longer in actual days, but since Christmas and New Years was included, those are not workdays and can't really be counted).

 

Nov 5th is the day the Consulate acknowledged my written request and Jan 10, 2020 was the date the petition was officially terminated by USCIS.  That's 43 WORK days, 66 calendar days

[Dima Gordeyev 1]

This is extremely helpful info! Can you point me in the right direction of how I should go about withdrawing the petition? Is there a formal process? A website you could link?

 

Thank you!

[milimelo 4,477]

25 minutes ago, Dima Gordeyev said:

This is extremely helpful info! Can you point me in the right direction of how I should go about withdrawing the petition? Is there a formal process? A website you could link?

 

Thank you!

Send a letter withdrawing the case to the service center that sent you approval notice. That’s it.