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K1-RE FILE PETITION QUESTION ASAP ANSWER PLEASE!!

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Filed: K-1 Visa Country: India
Timeline

Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

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When you say you "canceled [your] fiance's visa," how exactly did you do that?

The reason I ask is that an approved I-129F is good for a certain amount of time (4 months at our consulate, but I'm not sure if this is across-the-board or consulate-specific). If he simply stopped the process and never went to his interview, then the petition may still be valid; you may be able to write a letter to the consulate reaffirming your intent to marry, which (depending on the consulate's policy) could also re-validate the I-129F if too much time has passed.

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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Filed: K-1 Visa Country: Morocco
Timeline
Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

I think your fine and dont need a waiver. You just refile.

Read it slowly.

If you HAVE filed two or more.

That means in the past I believe.

You need to get a waiver. From the sound of things, this is your second visa petition. From what I understand, that means your third attempt at this needs a waiver.

Not the second.

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Filed: Other Country: China
Timeline
Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

I think your fine and dont need a waiver. You just refile.

Read it slowly.

If you HAVE filed two or more.

That means in the past I believe.

You need to get a waiver. From the sound of things, this is your second visa petition. From what I understand, that means your third attempt at this needs a waiver.

Not the second.

This is one of the times when literal interpretation doesn't work. USCIS requires the waiver request with the second petition even if it's for the same beneficiary. It's a misinterpretion, IMO but it's THEIR interpretation and THEY rule.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Citizen (apr) Country: Australia
Timeline
Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

I think your fine and dont need a waiver. You just refile.

Read it slowly.

If you HAVE filed two or more.

That means in the past I believe.

You need to get a waiver. From the sound of things, this is your second visa petition. From what I understand, that means your third attempt at this needs a waiver.

Not the second.

This is one of the times when literal interpretation doesn't work. USCIS requires the waiver request with the second petition even if it's for the same beneficiary. It's a misinterpretion, IMO but it's THEIR interpretation and THEY rule.

Sorry but you're wrong. It clearly states: "if you have filed two or more K-1 visa petitions at any time in the past". This is not the past. This PRESENT petition is the second petition, therefore no waiver is required. The reason I know this is the case, is because, for example, on the DS-156 form it says, "Has anyone ever filed an Immigrant Visa on your behalf?" Technically yes, 'cause that's why you're filling in the form, BUT they mean in the past so that's a no. Not relevant to this case, but it does show that NO a waiver is not required. If you're concerned though you can always call the help line.

However, how long ago did you stop the petition? How far along were you? All this matters because it could just be a waste of time. I mean cancelling a petition is a big deal and it does seem to raise a few red flags if it's just been a short time. Perhaps it would be best if you first tried to see if you can carry on the same petition, and if you can't, waiting a little while before petitioning again. Make sure this is what you really want and be prepared to answer some heavy questions on your level of commitment. I'm not trying to be rude but I definitely think the questioning will be intense.

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Filed: Citizen (apr) Country: Ukraine
Timeline
Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

The waiver is a letter you write asking for a waiver to apply for another petition within two years. There is no particular format, it is just a letter of explanation, and ask, please, to be allowed to file another petition within two years. Attach it to the I-129 package.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Ukraine
Timeline
Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

I think your fine and dont need a waiver. You just refile.

Read it slowly.

If you HAVE filed two or more.

That means in the past I believe.

You need to get a waiver. From the sound of things, this is your second visa petition. From what I understand, that means your third attempt at this needs a waiver.

Not the second.

This is one of the times when literal interpretation doesn't work. USCIS requires the waiver request with the second petition even if it's for the same beneficiary. It's a misinterpretion, IMO but it's THEIR interpretation and THEY rule.

Sorry but you're wrong. It clearly states: "if you have filed two or more K-1 visa petitions at any time in the past". This is not the past. This PRESENT petition is the second petition, therefore no waiver is required. The reason I know this is the case, is because, for example, on the DS-156 form it says, "Has anyone ever filed an Immigrant Visa on your behalf?" Technically yes, 'cause that's why you're filling in the form, BUT they mean in the past so that's a no. Not relevant to this case, but it does show that NO a waiver is not required. If you're concerned though you can always call the help line.

However, how long ago did you stop the petition? How far along were you? All this matters because it could just be a waste of time. I mean cancelling a petition is a big deal and it does seem to raise a few red flags if it's just been a short time. Perhaps it would be best if you first tried to see if you can carry on the same petition, and if you can't, waiting a little while before petitioning again. Make sure this is what you really want and be prepared to answer some heavy questions on your level of commitment. I'm not trying to be rude but I definitely think the questioning will be intense.

If this is her second petition within two years ( I will bet it is) then she needs a waiver. Does not matter that it is for the same person. In addition a waiver is a very simple thing...a letter requesting a waiver. Big deal. I would suggest she write the letter as it takes less time than debating the fine points of waivers. If it isn't needed there is no penalty to include it and I wouldn't risk a rejection or RFE for lack of a letter that takes 10 minutes to produce and one piece of paper. We may as well argue how many spirits can dance on the head of a pin.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Ukraine
Timeline
Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

I think your fine and dont need a waiver. You just refile.

Read it slowly.

If you HAVE filed two or more.

That means in the past I believe.

You need to get a waiver. From the sound of things, this is your second visa petition. From what I understand, that means your third attempt at this needs a waiver.

Not the second.

You need a waiver for second petition, even for same person.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

I think your fine and dont need a waiver. You just refile.

Read it slowly.

If you HAVE filed two or more.

That means in the past I believe.

You need to get a waiver. From the sound of things, this is your second visa petition. From what I understand, that means your third attempt at this needs a waiver.

Not the second.

This is one of the times when literal interpretation doesn't work. USCIS requires the waiver request with the second petition even if it's for the same beneficiary. It's a misinterpretion, IMO but it's THEIR interpretation and THEY rule.

Sorry but you're wrong. It clearly states: "if you have filed two or more K-1 visa petitions at any time in the past". This is not the past. This PRESENT petition is the second petition, therefore no waiver is required. The reason I know this is the case, is because, for example, on the DS-156 form it says, "Has anyone ever filed an Immigrant Visa on your behalf?" Technically yes, 'cause that's why you're filling in the form, BUT they mean in the past so that's a no. Not relevant to this case, but it does show that NO a waiver is not required. If you're concerned though you can always call the help line.

However, how long ago did you stop the petition? How far along were you? All this matters because it could just be a waste of time. I mean cancelling a petition is a big deal and it does seem to raise a few red flags if it's just been a short time. Perhaps it would be best if you first tried to see if you can carry on the same petition, and if you can't, waiting a little while before petitioning again. Make sure this is what you really want and be prepared to answer some heavy questions on your level of commitment. I'm not trying to be rude but I definitely think the questioning will be intense.

I think you need a waiver but I also think you should examine your relationship a little more closely before you plunge into the K-1 jungle again.

If a visa is cancelled and they are looking for a valid reason, I think they are looking for things like provable "unusual hardship" or

serious family circumstances that demanded attention and precluded your getting married. If the reasons you split and cancelled

the visa are that one or both of you had issues which just made you not "feel" like you wanted to get married, then they will assume

that those feelings could easily come again and they may deny you on those grounds. That's why the waiver process asks for a

"good reason." Since I never went through the waiver process, you should look for people who did and see if this feeling I have is right.

This may be the time to bring in a lawyer, but that money would certainly be wasted if you don't do a little homework here on VJ.

Search for waiver and see what you come up with.

Do you love him enough to spend a few K on a good lawyer? Does he love you enough to spend his own money on that too?

It's based on my experience with government bureaucracy and human nature but not on my own history.

I've made my share of mistakes, formost being not having called off the marriage to my current foreign-born Ex in the first place.

Best of luck.

PS - this OP requested a waiver, but it was for a DIFFERENT fiancée where an I-129F was approved.

Your attempt to get a waiver should be much more difficult because you are requesting it for the SAME fiancé.

That USC realized that he and his girl were at the end of the line. He would only have to prove that to

hopefully get the waiver. You, on the other hand would have to prove a whole lot more. Better make your

pencil sharper than the exchange that resulted in you dropping the K-1.

http://www.visajourney.com/forums/index.ph...t&p=2941600

Edited by thongd4me

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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Filed: K-1 Visa Country: United Kingdom
Timeline
Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

I think your fine and dont need a waiver. You just refile.

Read it slowly.

If you HAVE filed two or more.

That means in the past I believe.

You need to get a waiver. From the sound of things, this is your second visa petition. From what I understand, that means your third attempt at this needs a waiver.

Not the second.

This is one of the times when literal interpretation doesn't work. USCIS requires the waiver request with the second petition even if it's for the same beneficiary. It's a misinterpretion, IMO but it's THEIR interpretation and THEY rule.

Sorry but you're wrong. It clearly states: "if you have filed two or more K-1 visa petitions at any time in the past". This is not the past. This PRESENT petition is the second petition, therefore no waiver is required. The reason I know this is the case, is because, for example, on the DS-156 form it says, "Has anyone ever filed an Immigrant Visa on your behalf?" Technically yes, 'cause that's why you're filling in the form, BUT they mean in the past so that's a no. Not relevant to this case, but it does show that NO a waiver is not required. If you're concerned though you can always call the help line.

However, how long ago did you stop the petition? How far along were you? All this matters because it could just be a waste of time. I mean cancelling a petition is a big deal and it does seem to raise a few red flags if it's just been a short time. Perhaps it would be best if you first tried to see if you can carry on the same petition, and if you can't, waiting a little while before petitioning again. Make sure this is what you really want and be prepared to answer some heavy questions on your level of commitment. I'm not trying to be rude but I definitely think the questioning will be intense.

If this is her second petition within two years ( I will bet it is) then she needs a waiver. Does not matter that it is for the same person. In addition a waiver is a very simple thing...a letter requesting a waiver. Big deal. I would suggest she write the letter as it takes less time than debating the fine points of waivers. If it isn't needed there is no penalty to include it and I wouldn't risk a rejection or RFE for lack of a letter that takes 10 minutes to produce and one piece of paper. We may as well argue how many spirits can dance on the head of a pin.

It's 4... or 6 if they're particularly small spirits :innocent:

Dave

UK-US%20Flags2.gif

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Filed: Other Country: China
Timeline
Okay so i had canceled my Fiance's visa because i broke up with him and he didnt go get his visa. and now were back together hes in india and im in america. and so they told me i have to refile my petition and i came across this on the instructions: if you have filed two or more K-! 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. okay so now i have no idea what this waiver is and how to go about doing this? someone help!!

much appreciated :)

I think your fine and dont need a waiver. You just refile.

Read it slowly.

If you HAVE filed two or more.

That means in the past I believe.

You need to get a waiver. From the sound of things, this is your second visa petition. From what I understand, that means your third attempt at this needs a waiver.

Not the second.

This is one of the times when literal interpretation doesn't work. USCIS requires the waiver request with the second petition even if it's for the same beneficiary. It's a misinterpretion, IMO but it's THEIR interpretation and THEY rule.

Sorry but you're wrong. It clearly states: "if you have filed two or more K-1 visa petitions at any time in the past". This is not the past. This PRESENT petition is the second petition, therefore no waiver is required. The reason I know this is the case, is because, for example, on the DS-156 form it says, "Has anyone ever filed an Immigrant Visa on your behalf?" Technically yes, 'cause that's why you're filling in the form, BUT they mean in the past so that's a no. Not relevant to this case, but it does show that NO a waiver is not required. If you're concerned though you can always call the help line.

However, how long ago did you stop the petition? How far along were you? All this matters because it could just be a waste of time. I mean cancelling a petition is a big deal and it does seem to raise a few red flags if it's just been a short time. Perhaps it would be best if you first tried to see if you can carry on the same petition, and if you can't, waiting a little while before petitioning again. Make sure this is what you really want and be prepared to answer some heavy questions on your level of commitment. I'm not trying to be rude but I definitely think the questioning will be intense.

I agree with your interpretation but USCIS doesn't. Their interpretation results in requiring a waiver for the second petition. They rule. End of story.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: AOS (apr) Country: Canada
Timeline

It says "2 or more in the past" meaning that if this was your third petition you'd require a waiver. Seeing as it is your second you're fine - no waiver. If you DID need a waiver it would say, "if you have filed a petition in the past" and make no mention of a number. C'mon read peoeple!

=================

K1 Section

=================

Sent I-129F - 03/25/2009

Visa in Hand -11/23/2009

US Entry - 11/26/2009

Wedding - 12/26/2009

=================

AOS Section

=================

AOS, EAD, AP Forms Sent - 01/06/2010

Biometrics - 02/11/2010

EAD/AP Approved - 02/23/2010

--------------------------------

Ceremonial Wedding - 06/17/2010

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It says "2 or more in the past" meaning that if this was your third petition you'd require a waiver. Seeing as it is your second you're fine - no waiver. If you DID need a waiver it would say, "if you have filed a petition in the past" and make no mention of a number.

It ALSO says "... 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."

C'mon read peoeple!

No offense, but try following your own advice. :whistle:

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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Filed: AOS (apr) Country: Canada
Timeline
It says "2 or more in the past" meaning that if this was your third petition you'd require a waiver. Seeing as it is your second you're fine - no waiver. If you DID need a waiver it would say, "if you have filed a petition in the past" and make no mention of a number.

It ALSO says "... 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."

C'mon read peoeple!

No offense, but try following your own advice. :whistle:

Their application wasn't approved. Thanks for comin' out though...no offense.

=================

K1 Section

=================

Sent I-129F - 03/25/2009

Visa in Hand -11/23/2009

US Entry - 11/26/2009

Wedding - 12/26/2009

=================

AOS Section

=================

AOS, EAD, AP Forms Sent - 01/06/2010

Biometrics - 02/11/2010

EAD/AP Approved - 02/23/2010

--------------------------------

Ceremonial Wedding - 06/17/2010

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It says "2 or more in the past" meaning that if this was your third petition you'd require a waiver. Seeing as it is your second you're fine - no waiver. If you DID need a waiver it would say, "if you have filed a petition in the past" and make no mention of a number.

It ALSO says "... 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."

C'mon read peoeple!

No offense, but try following your own advice. :whistle:

Their application wasn't approved. Thanks for comin' out though...no offense.

Where are you getting that? The OP said "he didn't go get his visa," which would strongly suggest that the I-129F was approved and that this "cancellation" took place at the consulate stage.

If in fact the OP withdrew the I-129F petition at the service center stage prior to approval, then you would certainly be right. But the OP was vague and there are no follow-ups to clarify it.

EDIT: The I-129F was approved; she cancelled it at the consular stage. http://www.visajourney.com/forums/index.ph...t&p=3099329

But "thanks for comin' out though..."

Edited by Stephen + Elisha

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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