Cancel K3 petition and file K1

[LRA 0]

The requirement for a waiver with the second I129F must be fairly new. I filed a K1 for Layla in late 2006, closed out in February 2007, married her and filed a K3 in April/May 2007. She is here on her K3 visa, I did not submit a waiver request. When I submitted the second I129F, I read the instructions, and interpretted that I didn't need a waiver, and did not ask on VJ or anywhere else. It worked for me.

Besides, if Paris Heart goes for the CR1, she won't need a waiver request anyway.

You need a waiver if you have filed 2 previous I129Fs (making the current filing with waiver request your third I129F) or if you have had an I129F approved in the last 2 years.

From I129F instructions:

If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

On another thread I read that one could file for I-129F twice in a life time

Certainly u can do it, but the likelyhood of USCIS asking many questions because of it exists. Also check if you could file for a k-3 again.. good luck to you

You can file as many times as you want but you'll need to ask for a waiver if you file a second I-129F within two years of a previous filing.

Yes, I know that's what it says and agree that even most idiots would interpret it correctly as you did. Nevertheless, USCIS is requiring a waiver request with the second request. Go figure, but knowing this, I gave the correct answer.

That is for multiple K1...you're second was K3. ;-)

[Urge To Race 2]

Its says K1 visa petition, which is an I129F. Besides, Paris never filed for a K1, so by your logic, she needs no waiver when she files again.

The requirement for a waiver with the second I129F must be fairly new. I filed a K1 for Layla in late 2006, closed out in February 2007, married her and filed a K3 in April/May 2007. She is here on her K3 visa, I did not submit a waiver request. When I submitted the second I129F, I read the instructions, and interpretted that I didn't need a waiver, and did not ask on VJ or anywhere else. It worked for me.

Besides, if Paris Heart goes for the CR1, she won't need a waiver request anyway.

You need a waiver if you have filed 2 previous I129Fs (making the current filing with waiver request your third I129F) or if you have had an I129F approved in the last 2 years.

From I129F instructions:

If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

On another thread I read that one could file for I-129F twice in a life time

Certainly u can do it, but the likelyhood of USCIS asking many questions because of it exists. Also check if you could file for a k-3 again.. good luck to you

You can file as many times as you want but you'll need to ask for a waiver if you file a second I-129F within two years of a previous filing.

Yes, I know that's what it says and agree that even most idiots would interpret it correctly as you did. Nevertheless, USCIS is requiring a waiver request with the second request. Go figure, but knowing this, I gave the correct answer.

That is for multiple K1...you're second was K3. ;-)

[LRA 0]

I was saying the reason why YOU didn't need a waiver was b/c your second petion which was a 129F you were in fact petitioning for the K3 as evidenced by you filing a 130.

And yes I agree, PH doesn't need a waiver if she chooses to file the 129 perition for either the K1 or K3.

[morocco4ever 63]

I'm confused. It seems to me you are saying the 'proofs' for a K1 are less than for a K3. While we didn't do K3, from my readings I don't think that's necessarily the case. Ultimately, the bonafides of the relationship have to be proven with any familial connection.

I know it is confusing, and Im NOT saying K1 are less proof required then for a K3 or a CR-1. Both petitions have to have solid proof of a real relationship. I apprechiate everybodys input on this matter, but I will leave it up to USCIS on Friday. After all , they are the ones who will review the petition. Thank you!

I don't know the reasons for this idea, and I don't need to know. Lets just say you are playing with fire.

I know of a couple that did something similar, but the reason for their divorce was that they were not getting along. They even had a child together. A few years later they decided that they made a mistake and did the visa thing again. They were approved at the USCIS but denied at the consulate. I believe it took them an additional 3 years to overcome the denial. Granted the situation was different, but the USCIS isn't your biggest concern, it is the consulate.

Good luck with everything however, I hope it all works out for you in the end.

[Beth/ Paris Heart 2]

I'm confused. It seems to me you are saying the 'proofs' for a K1 are less than for a K3. While we didn't do K3, from my readings I don't think that's necessarily the case. Ultimately, the bonafides of the relationship have to be proven with any familial connection.

I know it is confusing, and Im NOT saying K1 are less proof required then for a K3 or a CR-1. Both petitions have to have solid proof of a real relationship. I apprechiate everybodys input on this matter, but I will leave it up to USCIS on Friday. After all , they are the ones who will review the petition. Thank you!

I don't know the reasons for this idea, and I don't need to know. Lets just say you are playing with fire.

I know of a couple that did something similar, but the reason for their divorce was that they were not getting along. They even had a child together. A few years later they decided that they made a mistake and did the visa thing again. They were approved at the USCIS but denied at the consulate. I believe it took them an additional 3 years to overcome the denial. Granted the situation was different, but the USCIS isn't your biggest concern, it is the consulate.

Good luck with everything however, I hope it all works out for you in the end.

Well I have cancelled my petitions, and will re-file as a CR-1 I have worked things out, and we will start fresh with no more old surprises coming to haunt me. Thank you for everyones input. And I agree the consulate is the tough ones to convince its real, not USCIS.