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Filed: Citizen (pnd) Country: Thailand
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Posted
It's my understanding that the waiver would be required IF he had married the first K-1 lass in the USA, then divorced her.

Since that's not the case, again IMO, the waiver isn't required.

A letter of attestation about the prior K-1, IMO, is needed , when filing the petition, as well as listing the prior K-1 on the I-129F application.

No, it has nothing to do with marrying the K-1 or using the K-1 visa. The issue is the number of I-129F petitions filed and the number of years between filing those two or more petitions.

And as the author pointed out in this very good article, sometimes a K-3 petition, being an I-130 and I-129F counts towards the total number and sometimes it does not count.

This OP asking the question is:

1) Probably more confused now then when he asked the question.

2) In need of a Waiver on the grounds of filing the second I-129F before April 2010

3) Possibly in need of a waiver due to the K-3 petition regardless of when he files the I-129F.

Therefore the original poster (OP) should file for the Waiver. Simply explain the circumstances of the previous two petitions requesting a Waiver.

Naturalization N-400

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted
No, it has nothing to do with marrying the K-1 or using the K-1 visa. The issue is the number of I-129F petitions filed and the number of years between filing those two or more petitions.

Alrighty - yer right - I was wrong.

I did look it up, though, and ya, yer right.

My apologies if I seemed a bit pig-headed about it.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: Citizen (pnd) Country: Thailand
Timeline
Posted
Alrighty - yer right - I was wrong.

I did look it up, though, and ya, yer right.

My apologies if I seemed a bit pig-headed about it.

No big deal. I think this is a very complex issue after reading the article someone put a link to. Likea K-3 petition might or might not count as one of the petitions.

Naturalization N-400

Posted

hello.. u filed 1st k1 petition for ur 1st fiancee b4 but she didnt use it and never come to USA...

be sure that u already withdrew the 1st k1 before filing again another k1... pls. correct me i am wrong bcoz this is my understanding... and we did this withdrawal last dec. 2009...

waiver: as i read here and gathered infos. to people who had their 3rd filing, its an explanation why u didnt pursue the 1st k1 and send a copy of noa2 of the 1st k1 and send all these together with ur new petition...

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

But wait, is this ur second filing only...? i dont think u need a waiver right? hehehe...

honey had a 1st k1 b4 but he didnt sent a waiver when he filed a k1 petition for me... we will send a waiver on our 2nd petition bcoz turned out that it is honey's 3rd filing of k1....

N-400:
May 9, 2017: N-400 packet was sent
May 15, 2017: NOA1 
June 05, 2017: Biometric Done
June 19, 2017: Case is in Line for an Interview
June 25, 2018: USCIS Scheduled an Interview
Aug. 02, 2018: Interview Date- APPROVED!
Aug. 09, 2018: Oath Ceremony

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Posted
hello.. u filed 1st k1 petition for ur 1st fiancee b4 but she didnt use it and never come to USA...

be sure that u already withdrew the 1st k1 before filing again another k1... pls. correct me i am wrong bcoz this is my understanding... and we did this withdrawal last dec. 2009...

waiver: as i read here and gathered infos. to people who had their 3rd filing, its an explanation why u didnt pursue the 1st k1 and send a copy of noa2 of the 1st k1 and send all these together with ur new petition...

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

But wait, is this ur second filing only...? i dont think u need a waiver right? hehehe...

honey had a 1st k1 b4 but he didnt sent a waiver when he filed a k1 petition for me... we will send a waiver on our 2nd petition bcoz turned out that it is honey's 3rd filing of k1....

oh sorry, u need a waiver on ur second re-file bcoz ur last filed k1 was approved sept. 2008... uhmm i see ok.... :)

N-400:
May 9, 2017: N-400 packet was sent
May 15, 2017: NOA1 
June 05, 2017: Biometric Done
June 19, 2017: Case is in Line for an Interview
June 25, 2018: USCIS Scheduled an Interview
Aug. 02, 2018: Interview Date- APPROVED!
Aug. 09, 2018: Oath Ceremony

My Group

My Blog

 
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