Fiance broke up with me after i129f petition

[Mike Saso 0]

Hi everyone, thanks in advance for helping out. My fiance, due to no fault of mine, decided to break up with me after my i129f petition got approved. She never applied (and will not)  for the k1 visa after the documents were mailed to her. I wrote a letter to the Mumbai consulate where the visa file currently is to let them know that I would like to withdraw my petition, and also attached to it the "sorry" letter she sent me for reference purposes. This was the first petition I ever filed. 

 

How does this impact a future fiance visa i129f petition of mine? Do I have to seek a waiver in order to petition again? Thanks! 

[Unlockable 7,306]

No waiver is necessary. You should be fine. If, in the future, you do have another US citizen that is petitioning for you will have to disclose past petitions. Also, before filing a new one, it is best to contact the consulate to ensure the last case was properly closed.

[Mike Saso 0]

2 hours ago, NuestraUnion said:

No waiver is necessary. You should be fine. If, in the future, you do have another US citizen that is petitioning for you will have to disclose past petitions. Also, before filing a new one, it is best to contact the consulate to ensure the last case was properly closed.

Just to clarify, I was the petitioner. 

[Unlockable 7,306]

23 minutes ago, Mike Saso said:

Just to clarify, I was the petitioner. 

Ah, I see.

 

Yes, there is a waiver for multiple K1's done in a short time period. Usually 2 year of each other. Although your K1 got approved the visa was not issued. I'm not 100% sure if you will still need a waiver. Hopefully someone with more knowledge of it will post.

[geowrian 22,335]

There's nothing else you need to do since you already sent a withdrawal letter. But it might not hurt to send a copy of the letter to USCIS as well. The process the embassy takes should be to send back the I-129F to USCIS (stopping through NVC), who then revoke it and send a confirmation back. It may take a while (as does everything in immigration), though.

 

If you file an I-129F for somebody else in the future, there's no need for a waiver. The multiple filer waiver is needed on the 3rd I-129F (or 2nd if it's for the same person with an approved I-129F within the past 2 years).

 

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

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 October 18, 2017 by geowrian

[Ahsan A Syed 1]

Hello, 

 

You do not need a waiver unless you have done multiple fiance visa requests. If that is the case, the NVC will most likely DENY the visa petition. NVC reserves the right to deny any visa for fiance if they are not satisfied with the evidence and the interview. This happens when they think that you are just using the visa to get someone into the United States and would not move into marriage. 

 

The best thing for you would be to get married and then apply for the spousal visa. The embassy will take this first withdrawal into consideration next time you petition anyone. So it would be wise to save your money since k1 visas have a higher refusal rating than the spousal visa.

 

If you do decide to proceed with another Fiance visa than at least wait 1 or 2 years to showcase that you have an understanding with this new potential partner of your in marriage.

 

The last thing I want to tell you is that also write a SORRY letter to the USCIS explaining the situation/breakup since your next petition for the new fiance or spouse will have to go through USCIS. It's best to give one solid reason than to just say no-fault of mine. As an example, you can say that "after the visa petition was approved you and your fiance started having disagreements about future plans in terms of education and etc, resulting in a breakup, which is why you wish to withdraw the case. I am sorry for any inconvenience."

 

Thanks

Ahsan A Syed

[Grant PDX 183]

You did everything you need to do, the withdrawal of the petition.

 

A few notes:

1) This will count as an approved petition.  

2) It might take a little while (a few months) to get it fully cleared out of the system.

3) If you file within the next 2 years, starting at the NOA2 approval date, you will need a waiver, which is usually relatively straight forward.

4) If you were to have a second petition approved, within or beyond the 2 year period and at any point (because of breakup or divorce or whatever) you want to file a 3rd petition you will need a waiver for any petition beyond the 2nd regardless of how long between petitions.

 

Sorry, and best of luck.

[geowrian 22,335]

10 hours ago, Ahsan A Syed said:

You do not need a waiver unless you have done multiple fiance visa requests. If that is the case, the NVC will most likely DENY the visa petition. NVC reserves the right to deny any visa for fiance if they are not satisfied with the evidence and the interview. This happens when they think that you are just using the visa to get someone into the United States and would not move into marriage.

NVC doesn't deny visas or revoke petitions. USCIS handles petitions. The embassy issues or refuses visas. NVC acts between them.

 

If a multiple filer waiver is needed, that is assessed with the I-129F with USCIS, before it can be approved and sent to NVC.

 

Quote

The best thing for you would be to get married and then apply for the spousal visa. The embassy will take this first withdrawal into consideration next time you petition anyone. So it would be wise to save your money since k1 visas have a higher refusal rating than the spousal visa.

That's looking at the effect and assuming a cause instead of evaluating a case on its own merits. The requirements for eligibility are nearly identical - except actually being married - and are handled by the same USCIS IOs and same immigrant visa units at the embassies (including the COs).

 

There is a path available for an immigrant visa petition to be reaffirmed, which is not available for non-immigrant refusals, though (i.e. the I-129F for a refused K-1 is sent back to USCIS to expire, whereas an I-130 can be reaffirmed and sent back to the embassy). Plus, a spousal visa is superior in every way...it just takes a little longer to obtain.

 

Quote

The last thing I want to tell you is that also write a SORRY letter to the USCIS explaining the situation/breakup since your next petition for the new fiance or spouse will have to go through USCIS. It's best to give one solid reason than to just say no-fault of mine. As an example, you can say that "after the visa petition was approved you and your fiance started having disagreements about future plans in terms of education and etc, resulting in a breakup, which is why you wish to withdraw the case. I am sorry for any inconvenience."

The fee was paid and they did their job and it's over already. USCIS won't care about somebody being sorry (not that there's anything to even be sorry about...?), especially if it's not associated with a current case.

Edited October 19, 2017 by geowrian

[Ahsan A Syed 1]

6 hours ago, geowrian said:

NVC doesn't deny visas or revoke petitions. USCIS handles petitions. The embassy issues or refuses visas. NVC acts between them.

 

If a multiple filer waiver is needed, that is assessed with the I-129F with USCIS, before it can be approved and sent to NVC.

 

That's looking at the effect and assuming a cause instead of evaluating a case on its own merits. The requirements for eligibility are nearly identical - except actually being married - and are handled by the same USCIS IOs and same immigrant visa units at the embassies (including the COs).

 

There is a path available for an immigrant visa petition to be reaffirmed, which is not available for non-immigrant refusals, though (i.e. the I-129F for a refused K-1 is sent back to USCIS to expire, whereas an I-130 can be reaffirmed and sent back to the embassy). Plus, a spousal visa is superior in every way...it just takes a little longer to obtain.

 

The fee was paid and they did their job and it's over already. USCIS won't care about somebody being sorry (not that there's anything to even be sorry about...?), especially if it's not associated with a current case.

I don't see what your problem is. My entire post was catered to the person that asked the question. Thank you.

 

[geowrian 22,335]

2 hours ago, Ahsan A Syed said:

I don't see what your problem is. My entire post was catered to the person that asked the question. Thank you.

No problem. Just correcting and clarifying some info.

[mossycade 4]

Yes you will need the waiver if you apply again within 2 yrs of the previous approval date.

Anyone that says you do not is setting you up for failure. 

Because, If you submit the waiver and it is not needed, they will ignore it and process your case normally.

However, if you do not send it and it is is needed, you will have to start over and lose weeks and weeks of processing times.

 

You have done the right thing by submitting the withdrawal letter with an explanation.  If you reapply, you will need to provide the letter they send you notifying you that your old case is closed.