Is a waiver needed to re-apply for k1 in less than 2 years?

[odb 1]

My fiance's K1 visa was denied July 2017 due to an older petition that was still active on her name at the time of her interview (that belonged to her ex-boyfriend). We took care of that, the previous petitioner personally cancelled it and we got the withdrawn/cancellation confirmation in the mail as well a confirmation that MY petition is expired/dead so now i am able to re-apply.

I have two questions:

1. Is it true that I have to wait 2 years (from my first petition) to re-apply for her again? It is a waiver needed to apply sooner than 2 years?

2. What service should I use? something like Rapid visa? An attorney? Any recommendations?

Thank you!

 

[geowrian 22,335]

If you are filing for the same beneficiary within 2 years of a previously approved petition. If the petition was denied, then you don't meet this criteria and can file w/o the waiver.

 

That said, this particular multiple filer waiver is very basic and likely fine to DIY. It can just be a signed statement...there is no formal form, and I believe these are pretty regularly approved w/o issue.

I personally would not suggest RapidVisa or an attorney for this if that's the only issues in the case, but it really depends on your own level of confidence and time you are willing to put into it.

Good luck.

[sunshinelove 52]

If you do enough research and become well educated on the process you can file for the K1 yourself, without an attorney. Though, if you have a lot of doubts about doing this, I'd consult an attorney to handle it for you. Many people get an attorney and many people do it on their own. It ultimately depends on what you're comfortable with.

[odb 1]

thank you so much geowrian

I spoke to 3 attorneys this past week and the attorney fees are between 2k-5k depends on the attorney (that does not include USCIS filing fees $535.00,  Visa fees $265.00 or other)

I don't want to take chances by filing on my own that is why I need someone's help...just that the attorneys are so high! Reason why i was looking into a different option like Rapid Visa, Spouse Visa, Enhance Visa...

Anyone has any recommendations on who's services I should use?

Edited June 24, 2018 by odb

[odb 1]

38 minutes ago, odb said:

thank you sunshinelove.

No, I am not confident to do it by myself and I don't want to take the chance.

 

 

Edited June 24, 2018 by odb

[sunshinelove 52]

I've heard mixed reviews about RapidVisa and even some attorneys aren't the best, so make sure you choose someone legitimate. I would think an attorney would be safer if you're not confident. I will say though, at the beginning of the entire process it seemed DAUNTING to me. I even thought about getting an attorney but the more I read, the more it all made sense and seemed easier. Whenever I ran into any question about a form or anything I asked it on here and got the help needed. I did this each step of the way and it got me to where I am now. Do some more reading and browsing. It might raise your confidence level Regardless though, good luck! 

[TNJ17 1,329]

If you don’t have a criminal background don’t waste your money on a service. Just do it yourself and save a few thousand. 

[CEE53147 559]

A person with 2 K-1 applications in a short period of time is suspicious.  A consult with an attorney would not be a bad idea. It is not necessary to commit to the attorney doing the work and filing.  Some attorneys will agree to a shot meeting to advise of the options and will also review your completed filing before submission for far less that their staff doing the work..

[Yanajill 2]

I was petittioned twice also, for K1 visa but before my interview on my 1st petition,I asked my ex fiance to send to USCIS a withdrawal letter on his petition which he did. 

Like u for assurance my fiance (who is now my husband) hired rapidvisa to do the 2nd petition. Which took 4 months for the whole process. 

I think if u can do it by yourself just do it without atty nor rapidvisa coz what rapidvisa did is just asked papers and send links from their site for us to fill up and ask us to make an intent letter and send a copy of all supporting documents. Although I appreciate their service but if u can do it by yourself u will save lots of money coz my hubby paid them 178.00 per month for 6 months plus the visa fee

[javadown2 308]

1 hour ago, Yanajill said:

I was petittioned twice also, for K1 visa but before my interview on my 1st petition,I asked my ex fiance to send to USCIS a withdrawal letter on his petition which he did. 

Like u for assurance my fiance (who is now my husband) hired rapidvisa to do the 2nd petition. Which took 4 months for the whole process. 

I think if u can do it by yourself just do it without atty nor rapidvisa coz what rapidvisa did is just asked papers and send links from their site for us to fill up and ask us to make an intent letter and send a copy of all supporting documents. Although I appreciate their service but if u can do it by yourself u will save lots of money coz my hubby paid them 178.00 per month for 6 months plus the visa fee

That's spendy for them to just hand feed you the forms and tell you what to do...honestly the k-1 visa isn't that difficult to do. Just follow the guidelines on this website and go for it. 

[Yanajill 2]

Yes. So if u can just do it by urself, simply follow the guidelines and everything will be alright. No need for u to  hire a lawyer or rapidvisa. 

 

 

[Yanajill 2]

The only reason why my fiance hired them because I got a prior petition from my x fiance, we thought that it might required us more documents but thanks God, since my x fiance sent a withdrawal letter to USCIS, everything went smooth and fast. They don't even asked bout my prior petition.