Waiver for when you have filed 2 or more for K1 Visa

[Filipina Lover 1]

The I-129 form says

To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

What documentation are they talking about? The girl changed her mind on my 2nd time and never came here that is why I need to do this again. Do they want a letter from the girl saying she changed her mind.

[JimVaPhuong 4,863]

The I-129 form says

To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

What documentation are they talking about? The girl changed her mind on my 2nd time and never came here that is why I need to do this again. Do they want a letter from the girl saying she changed her mind.

I have no idea why you're concerned about this now, when your previous fiancee just recently got approved and then backed out. Anyway...

http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

The adjudicator may, in his or her discretion, waive the applicable time and/or numerical limitations if justification exists for such a waiver, except where the petitioner has a history of violent criminal offenses against a person or persons. The petitioner may request a waiver by attaching a signed and dated letter, requesting the waiver and explaining why a waiver would be appropriate in his or her circumstances, together with any evidence in support of the waiver request.

Factors the adjudicator should consider include, but are not limited to:

• Whether unusual circumstances exist (e.g. death or incapacity of prior beneficiary(ies));
• Whether the petitioner appears to have a history of domestic violence;
• Whether it appears the petitioner has a pattern of filing multiple petitions for different beneficiaries at the same time, of filing and withdrawing petitions, or obtaining approvals of petitions every few years.

Examples of acceptable evidence to support a waiver request include, but are not limited to: a death certificate, police reports, news articles describing an accident which resulted in the beneficiary’s death or incapacity, or medical reports from a licensed medical professional regarding the death or incapacity of an alien approved for a prior K visa. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the adjudicator.

In all honesty, I haven't read much about filing limits waivers being denied, so I presume any reasonable excuse is good enough.

You never made it clear in your other thread what exactly "approved" means. Was the petition alone approved? Did she go the interview, and the visa was approved? Did she actually get the visa, but now decided not to come?

If the visa was issued then you might have a problem, as she could still use the visa to enter the US. Until it's clear that the issued visa has been dealt with, I don't think they're going to consider giving you a waiver for another K-1 petition.

[Filipina Lover 1]

Thanks, I just like to know things in advance so I know what to do. She is an Austrian citizen and they don't need visas to come to the USA, so I don't think there should be any problem with them allowing me to apply for another K1.

If she was in the Philippines and a Philippines citizen, then I can see where it would be a problem, unless she went back and turned in that visa.

So I think it will be ok. I'm glad she is an Austrian citizen, or I could have a problem. Austria is really nice if you ever want to go there, I think it's great, only problem is I don't speak the language, otherwise it's great.

[JimVaPhuong 4,863]

Thanks, I just like to know things in advance so I know what to do. She is an Austrian citizen and they don't need visas to come to the USA, so I don't think there should be any problem with them allowing me to apply for another K1.

If she was in the Philippines and a Philippines citizen, then I can see where it would be a problem, unless she went back and turned in that visa.

So I think it will be ok. I'm glad she is an Austrian citizen, or I could have a problem. Austria is really nice if you ever want to go there, I think it's great, only problem is I don't speak the language, otherwise it's great.

That's not the point. The visa, if issued, is good for six months. I don't think you can apply for a second K1 until the first one is dead and buried. She either needs to turn it in, or you need to wait until it expires.

[Y's_habibitk 2]

Thanks, I just like to know things in advance so I know what to do. She is an Austrian citizen and they don't need visas to come to the USA, so I don't think there should be any problem with them allowing me to apply for another K1.

If she was in the Philippines and a Philippines citizen, then I can see where it would be a problem, unless she went back and turned in that visa.

So I think it will be ok. I'm glad she is an Austrian citizen, or I could have a problem. Austria is really nice if you ever want to go there, I think it's great, only problem is I don't speak the language, otherwise it's great.

That's not the point. The visa, if issued, is good for six months. I don't think you can apply for a second K1 until the first one is dead and buried. She either needs to turn it in, or you need to wait until it expires.

exactly.

[Chica Yeyé 41]

The I-129 form says

To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

What documentation are they talking about? The girl changed her mind on my 2nd time and never came here that is why I need to do this again. Do they want a letter from the girl saying she changed her mind.

I have no idea why you're concerned about this now, when your previous fiancee just recently got approved and then backed out. Anyway...

I concur... something is fishy. Very.