K1 Petition: Does previous CR1/CR2 mandate waiver?

[DaveHorton 0]

I petitioned for my Filipina wife and her two minor kids in 2006 and was granted a CR1 and 2xCR2s

They joined me in the states.

Things didn't work out, we are now divorced, and they returned to the Philippines before the 2 year renewal was filed.

The conditional visas have expired.

Looking at the instructions for the K1 (I-129F), I note that a waiver is required if 2 or more K1 petitions have ever been filed. The spirit and intent of that would appear to apply to my situation, even though the strict wording does not apply.

Anyone out there been there and done that?

Should I enclose a provisional waiver request with the I-129F, and hope that the reviewing officer understands what the heck I am talking about? Or does that risk opening a can of worms?

Merry Xmas to all VJ-ers!

[Malarie 0]

It could never hurt to request a waiver -- if you dont need it then whatever but if you indeed do then they will have it and be able to process your petition.

There are waiver wording examples in the IMBRA forum (I believe!)

Good Luck,

Malarie

I petitioned for my Filipina wife and her two minor kids in 2006 and was granted a CR1 and 2xCR2s

They joined me in the states.

Things didn't work out, we are now divorced, and they returned to the Philippines before the 2 year renewal was filed.

The conditional visas have expired.

Looking at the instructions for the K1 (I-129F), I note that a waiver is required if 2 or more K1 petitions have ever been filed. The spirit and intent of that would appear to apply to my situation, even though the strict wording does not apply.

Anyone out there been there and done that?

Should I enclose a provisional waiver request with the I-129F, and hope that the reviewing officer understands what the heck I am talking about? Or does that risk opening a can of worms?

Merry Xmas to all VJ-ers!

[Beesho 0]

I petitioned for my Filipina wife and her two minor kids in 2006 and was granted a CR1 and 2xCR2s

They joined me in the states.

Things didn't work out, we are now divorced, and they returned to the Philippines before the 2 year renewal was filed.

The conditional visas have expired.

Looking at the instructions for the K1 (I-129F), I note that a waiver is required if 2 or more K1 petitions have ever been filed. The spirit and intent of that would appear to apply to my situation, even though the strict wording does not apply.

Anyone out there been there and done that?

Should I enclose a provisional waiver request with the I-129F, and hope that the reviewing officer understands what the heck I am talking about? Or does that risk opening a can of worms?

Merry Xmas to all VJ-ers!

You Do NOT need a waiver...it only applies if you have prior K-1 visa approved within the past two years. I had similar situation like your exept my Ex never received the visa but was approved by USCIS. I talked to an immigration officer and i was told waiver not required for this situation.

[payxibka 10,044]

I petitioned for my Filipina wife and her two minor kids in 2006 and was granted a CR1 and 2xCR2s

They joined me in the states.

Things didn't work out, we are now divorced, and they returned to the Philippines before the 2 year renewal was filed.

The conditional visas have expired.

Looking at the instructions for the K1 (I-129F), I note that a waiver is required if 2 or more K1 petitions have ever been filed. The spirit and intent of that would appear to apply to my situation, even though the strict wording does not apply.

Anyone out there been there and done that?

Should I enclose a provisional waiver request with the I-129F, and hope that the reviewing officer understands what the heck I am talking about? Or does that risk opening a can of worms?

Merry Xmas to all VJ-ers!

the two or more PREVIOUS petitions K-1 petition and therefore does NOT count the one currently being contemplated... So saying it another way, a waiver is required on the third K-1 petition (unless this is a second within two years of a previously approved petition).

Based on your facts provided... you would not need a "waiver"

Edited December 16, 2009 by payxibka

[payxibka 10,044]

You Do NOT need a waiver...it only applies if you have prior K-1 visa approved within the past two years. I had similar situation like your exept my Ex never received the visa but was approved by USCIS. I talked to an immigration officer and i was told waiver not required for this situation.

Close... but not 100% accurate because as there are more circumstances that need to be considered BEYOND a situation where a previos K-1 petition was approved within the past 2 year...

however your conclusion for this OP appears to be correct

Edited December 16, 2009 by payxibka