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Multiple Filing Waiver

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Filed: AOS (pnd) Country: Ecuador
Timeline

How difficult is to get a waiver approval for petitioners who had previously sponsored a K visa beneficiary? What exactly is USCIS looking for?

K-1 Petition - California Service Center

Sent by FedEx: Feb 9 2016

Received at CSC: Feb 10 2016

NOA1: Feb 12 2016

Approved/NOA2: May 31 2016

NOA1 TO NOA2: 111 Days

NVC Received: July 26, 2016

NOA2 TO NVC: 56 Days

NVC Case #: July 27, 2016

NVC Processing: 3 Business Days

NVC To Consulate: July 29, 2016

Consulate Received: Aug 1, 2016

Consulate Ready: Aug 5, 2016

Interview: Sep 19, 2016

(Visa Approved!)

POE: Oct 17, 2016

Wedding: Dec 22, 2016

Filed for AOS: May 5, 2017

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Filed: AOS (pnd) Country: Ecuador
Timeline

hi

you don't need a waiver, why would you?

Why you say I don't need a waiver?

K-1 Petition - California Service Center

Sent by FedEx: Feb 9 2016

Received at CSC: Feb 10 2016

NOA1: Feb 12 2016

Approved/NOA2: May 31 2016

NOA1 TO NOA2: 111 Days

NVC Received: July 26, 2016

NOA2 TO NVC: 56 Days

NVC Case #: July 27, 2016

NVC Processing: 3 Business Days

NVC To Consulate: July 29, 2016

Consulate Received: Aug 1, 2016

Consulate Ready: Aug 5, 2016

Interview: Sep 19, 2016

(Visa Approved!)

POE: Oct 17, 2016

Wedding: Dec 22, 2016

Filed for AOS: May 5, 2017

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Filed: AOS (apr) Country: Cyprus
Timeline

How difficult is to get a waiver approval for petitioners who had previously sponsored a K visa beneficiary? What exactly is USCIS looking for?

It is correct, you need a multiple filing waiver if you have previously petitioned someone.

In your new petition simply include a written short paragraph that you are requesting a multiple filing waiver.

From the I-129F instructions > http://www.uscis.gov...i-129finstr.pdf

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.

RE: General Waiver for multiple filers

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), I respectfully request a waiver on the filing limitations in connection with my current petition. A waiver is appropriate in my circumstance because I have no criminal history with regard to the “specified crimes” under IMBRA.

I have one prior approved Form I-129F for [NAME], receipt number [RECEIPT #]. This petition was approved on [DATE], and resulted in...

Evidence to support this waiver includes:

[YOUR EVIDENCE]

Thank you for your kind consideration of my request.

Sincerely,

Explain what happened with your previous petition, and include evidence to support it. You say the first visa was denied, then include as evidence the denial notice which states the reason you were denied.

hi

you don't need a waiver, why would you?

Multiple filing waiver request is necessary when :

From the I-129F instructions > http://www.uscis.gov...i-129finstr.pdf

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.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: AOS (pnd) Country: Ecuador
Timeline

Thanks so much for the information "Finally together". Do you know if they are hard to come by? I'm wondering if they are really strict to approve them or pretty much fairly easy as long as you file one you'll be OK.

K-1 Petition - California Service Center

Sent by FedEx: Feb 9 2016

Received at CSC: Feb 10 2016

NOA1: Feb 12 2016

Approved/NOA2: May 31 2016

NOA1 TO NOA2: 111 Days

NVC Received: July 26, 2016

NOA2 TO NVC: 56 Days

NVC Case #: July 27, 2016

NVC Processing: 3 Business Days

NVC To Consulate: July 29, 2016

Consulate Received: Aug 1, 2016

Consulate Ready: Aug 5, 2016

Interview: Sep 19, 2016

(Visa Approved!)

POE: Oct 17, 2016

Wedding: Dec 22, 2016

Filed for AOS: May 5, 2017

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Filed: Citizen (apr) Country: Mexico
Timeline

Not hard to come by. You just need to include a statement requesting they allow you to file another petition. Ebunoluwa posted an example above.

~Moved from K-1 Process to IMBRA Special Topics ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: AOS (pnd) Country: Ecuador
Timeline

Thanks for the response KayDeeCee. That gives me peace of mind, was a little worried.

K-1 Petition - California Service Center

Sent by FedEx: Feb 9 2016

Received at CSC: Feb 10 2016

NOA1: Feb 12 2016

Approved/NOA2: May 31 2016

NOA1 TO NOA2: 111 Days

NVC Received: July 26, 2016

NOA2 TO NVC: 56 Days

NVC Case #: July 27, 2016

NVC Processing: 3 Business Days

NVC To Consulate: July 29, 2016

Consulate Received: Aug 1, 2016

Consulate Ready: Aug 5, 2016

Interview: Sep 19, 2016

(Visa Approved!)

POE: Oct 17, 2016

Wedding: Dec 22, 2016

Filed for AOS: May 5, 2017

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Filed: AOS (apr) Country: Cyprus
Timeline

Thanks so much for the information "Finally together". Do you know if they are hard to come by? I'm wondering if they are really strict to approve them or pretty much fairly easy as long as you file one you'll be OK.

Very easy unless the petitioner has certain criminal offenses. Otherwise it is just a formality. No worries at all.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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  • 2 years later...
Filed: Citizen (apr) Country: Ecuador
Timeline

Read the rules.  Your abilities to read accurately, interpret literally, and answer completely & honestly will serve you well -- and be necessary -- throughout this do-it-yourself immigration process.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 2 weeks later...
Filed: K-1 Visa Country: Philippines
Timeline

I read that, and I've only filed 1 time before and it was 9 years ago. So when I filed my K-1 This time, I didn't add a waiver.

It was only my second time to file for a 129f. so according to the rules, I don't need a waiver.

That is correct isn't it?

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33 minutes ago, MikeMc said:

I read that, and I've only filed 1 time before and it was 9 years ago. So when I filed my K-1 This time, I didn't add a waiver.

It was only my second time to file for a 129f. so according to the rules, I don't need a waiver.

That is correct isn't it?

yes that is correct :) 

Timeline:

  • Met on Facebook - September 18, 2016
  • Started Dating - December 30, 2016
  • Met in Person - September 25, 2017 (Surprised him for his birthday)
  • Got Engaged! - September 28, 2017 ♥
  • Filed for I-129F - December 22, 2017
  • Rec'd NOA1(Text/Email) - January 2, 2018 :D
  • Rec'd Hard Copy NOA1 (Letter) - Jan. 3, 2018 (letter dated Dec. 29, 2017)
  • Rec'd RFE notice (email 7/24/18) - Pending hard copy letter :whistle:
  • Rec'd RFE letter in mail (July 27, 2018). Needs details about previous petition <_<
  • Mailed RFE - Sept. 06, 2018 (will be rec'd Saturday and picked up by Monday)
  • USCIS confirmed RFE rec'd (email, text & USCIS App) - Sept, 11, 2018
  • NOA2 Approval Letter - rec'd Nov. 17, 2018 (dated Nov. 09, 2018) - approximately  10 1/2 months of waiting! 😞
  • NVC Rec'd Petition - Nov. 23, 2018
  • NVC Case # - PENDING 👈
  • Case # Rec'd - December 06, 2018
  • In Transit to Embassy - Dec. 26, 2018
  • CEAC says 'READY' - Dec. 28, 2018 😀 (Super Fast)
  • PENDING Interview Date 🤯
  • Rec'd Interview Packet (Email) January 29, 2019
  • Interview Schedule FEBRUARY 26!!
  • Interview Results - Stuck in AP - Was given the DS-5535 Questionnaire. Kept his passport - pending results
  • After 8 CEAC updates (If I counted correctly) still waiting in AP. Last update was today-June 24, 2019.
  • CEAC updated #9 - August 8, 2019 - but this might be from an inquiry I made the day before - maybe not a true 'update'
  • CEAC Update #10 - Sept. 25, 2019 (my fiance's B-Day) - made another online inquiry to embassy & called NVC for status update
  • CEAC Update #11 - Sept. 27, 2019 - most likely based from my online inquiry
  • CEAC Update #12 - Sept. 30, 2019 - Case went from AP to Application Received. Switched from Immigrant Visa App to Non-Immigrant 😁😁😁
  • Rec'd Call from Embassy!! October 2, 2019 - Time to re-do medical exam!
  • Completed New Medical Exam - October 4, 2019 - Dropped off at Aramex 😀
  • Aramex Confirmation of Delivery to Embassy for Medical - Oct. 7th, 2019
  • CEAC Update #13 - Non-Immigrant Administrative Processing - Oct. 09, 2019
  • VISA ISSUED! October 11, 2019 (last CEAC update!) 😱 FINALLLYYYYY!!!!
  • Arrived to the US! Oct. 24, 2019
  • Married Dec. 07, 2019 😍
  • Filed AOS/EAD/AP - Jan. 21, 2020
  • Rec'd I-797C Notice - Interview on 10/13/2020
  • Mailed ROC Packet via FedEx - 09.06.2022
  • ROC Packet Delivered - 09.08.2022




event.png

 

 

 

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