2nd K1 question

[Chair_force1 195]

So long story short, the fiancée and I had an approved K1, it got as far as the embassy, but I cancelled it because she had major family health issues.  

 

If I cancelled the K1 at that time, am I still barred from applying again for a k1 for 2 years?  I’ve read the rules is 2 years following an approved K1?

[geowrian 22,335]

You can send in a multiple filer waiver. They may ask why the previous K-1 was cancelled, but otherwise it shouldn't be an issue.

[Chair_force1 195]

1 minute ago, geowrian said:

You can send in a multiple filer waiver. They may ask why the previous K-1 was cancelled, but otherwise it shouldn't be an issue.

I still have the letter stated it was cancelled at the petitioners request.  Does that help.  I’m not currently planning a k1 for the same person but want to know in case I do.  Hope you understand 

[geowrian 22,335]

4 minutes ago, Chair_force1 said:

I still have the letter stated it was cancelled at the petitioners request.  Does that help.  I’m not currently planning a k1 for the same person but want to know in case I do.  Hope you understand 

Ah, okay. The letter is really just for your records...USCIS knows about it obviously.

 

If you file an I-129F for somebody else, there's no need for a waiver. If you have to file a 3rd I-129F, then you will need a waiver.

If you file an I-129F for the same person within 2 years, then you need a waiver.

 

I hope this clarifies the situation. See page 7 of thee I-129F instructions (https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf).

[Chair_force1 195]

6 minutes ago, geowrian said:

Ah, okay. The letter is really just for your records...USCIS knows about it obviously.

 

If you file an I-129F for somebody else, there's no need for a waiver. If you have to file a 3rd I-129F, then you will need a waiver.

If you file an I-129F for the same person within 2 years, then you need a waiver.

 

I hope this clarifies the situation. See page 7 of thee I-129F instructions (https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf).

I’ve read that you can not have 2 approved k1 in a 2 year period.  Is mine considered approved since it actually got the embassy?

[geowrian 22,335]

9 minutes ago, Chair_force1 said:

I’ve read that you can not have 2 approved k1 in a 2 year period.  Is mine considered approved since it actually got the embassy?

There's no minimum time between when K-1s can be issued...just limits on the I-129F petition as noted above. If you have a reference to what you read, that may shed some light. The CO may wonder what happened if there's 2 fiancees being petitioned in a short period of time, but that's a bona fide relationship issue based on all information available.

 

Based on your timeline, the I-129F was approved in your case. You said it made it as far as the embassy, but that's not the end of the line. Did she interview and get approved? Was a K-1 issued and placed in her passport? If not, then only the I-129F was approved, not the K-1.

[Chair_force1 195]

1 minute ago, geowrian said:

There's no minimum time between when K-1s can be issued...just limits on the I-129F petition as noted above. If you have a reference to what you read, that may shed some light. The CO may wonder what happened if there's 2 fiancees being petitioned in a short period of time, but that's a bona fide relationship issue based on all information available.

 

Based on your timeline, the I-129F was approved in your case. You said it made it as far as the embassy, but that's not the end of the line. Did she interview and get approved? Was a K-1 issued and placed in her passport? If not, then only the I-129F was approved, not the K-1.

No interviewed, I wrote a letter to Embassy, Fed ex it and they replied via email that it is cancelled per my request and they later followed it up with a written leffter

[Chair_force1 195]

6 minutes ago, geowrian said:

There's no minimum time between when K-1s can be issued...just limits on the I-129F petition as noted above. If you have a reference to what you read, that may shed some light. The CO may wonder what happened if there's 2 fiancees being petitioned in a short period of time, but that's a bona fide relationship issue based on all information available.

 

Based on your timeline, the I-129F was approved in your case. You said it made it as far as the embassy, but that's not the end of the line. Did she interview and get approved? Was a K-1 issued and placed in her passport? If not, then only the I-129F was approved, not the K-1.

This is what I read

”When a petitioner has filed more than one K1 Fiance Visa petition before, he or she may have to seek a waiver for multiple filings. If you have previously filed a K1 Fiance Visa petition for two or more beneficiaries or you have had a K1Fiance Visa petition approved within the last 2 years, you must file for a waiver.”

[geowrian 22,335]

17 minutes ago, Chair_force1 said:

No interviewed, I wrote a letter to Embassy, Fed ex it and they replied via email that it is cancelled per my request and they later followed it up with a written leffter

Okay, then the K-1 was not approved, only the I-129F.

 

13 minutes ago, Chair_force1 said:

This is what I read

”When a petitioner has filed more than one K1 Fiance Visa petition before, he or she may have to seek a waiver for multiple filings. If you have previously filed a K1 Fiance Visa petition for two or more beneficiaries or you have had a K1Fiance Visa petition approved within the last 2 years, you must file for a waiver.”

Correct, that matches exactly what I posted above (just using the correct terminology of I-129F instead of K-1, since the waiver is for the petition):

 

48 minutes ago, geowrian said:

If you file an I-129F for somebody else, there's no need for a waiver. If you have to file a 3rd I-129F, then you will need a waiver.

If you file an I-129F for the same person within 2 years, then you need a waiver.

 

I hope this clarifies the situation. See page 7 of thee I-129F instructions (https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf).

So no, you're not barred from filing again. You just need a waiver.

Edited September 27, 2017 by geowrian

[Chair_force1 195]

15 minutes ago, geowrian said:

Okay, then the K-1 was not approved, only the I-129F.

 

Correct, that matches exactly what I posted above (just using the correct terminology of I-129F instead of K-1, since the waiver is for the petition):

 

So no, you're not barred from filing again. You just need a waiver.

Thanks for taking the time to answer my questions.  Does one file for a waiver at the time of new k1 petition?

[geowrian 22,335]

7 hours ago, Chair_force1 said:

Thanks for taking the time to answer my questions.  Does one file for a waiver at the time of new k1 petition?

Yes. The waiver is sent with the I-129F. The waiver is not a form you fill out..it's a letter you write, sign, date, and include with the I-129F.

[robimkos 5]

I'm seeing several May approvals. But our case hasn't been updated since May 10th. Does anyone know why this might be?..

[robimkos 5]

1 hour ago, Lorimedo said:

I'm seeing several May approvals. But our case hasn't been updated since May 10th. Does anyone know why this might be?.. we applied at 28/04/17