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2 year wait requirement

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Filed: Country: Russia
Timeline

I filed I-129F in February, 2010. The relationship failed in April. Two weeks later, they approved the application and forwarded it to the embassy in Ukraine. She ignored the letter, because it says it will terminate automatically if not pursued. But now I have found another girl. I am not ready to apply for another visa. But I do not want to wait 2 years before I can apply again.

I have no criminal record and no previous marriage. My only issue is this prior K-1 visa application that was not pursued after approval. The new girl is Russian. She has no criminal record or previous marriages and never applied for a visa to the United States before. (Only a tourist visa to Egypt.)

My questions are about waiving this two year wait requirement. Can I get it waived before I even apply for a new visa? Is it difficult to get a waiver? And how do I do it?

Can I avoid the 2 year wait by just marrying the girl in Russia and applying for K-3? I do not know if this process is longer, shorter, or more or less difficult?

Should I write to the Ukrainian embassy before I apply for a waiver? Or can I just let it die there?

Thank you for any help.

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You can file the petition for your new fiancee immediately. You will have to answer the question on the I-129F regarding previous applications filed and request a waiver of the 2 year filing limitation. The waivers are routinely granted.


Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2008-12-02

I-129F Receipt Notice : 2008-12-05

RFE: 2009-02-26

Approval Notice: 2009-03-13

NVC Received: 2009-03-23

Left NVC: 2009-05-12

Stuck at NVC 50 days

Interview: 2009-06-23 Passed!

Visa picked up: 2009-06-25

POE Detroit: 2009-07-04

Married: 2009-09-11

Filed for AOS: 2009-09-22

Biometrics taken: 2009-10-29

Advance Parole approved 2009-11-04

Employment Authorization approved 2009-11-04

AOS Appointment 2009-12-15

AOS Approved 2009-12-15

Green Card Received 2010-01-02

Filed for ROC: 2011-09-17

ROC approved 2012-03-21

Green Card Received 2012-03-26

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Filed: AOS (apr) Country: Russia
Timeline

I filed I-129F in February, 2010. The relationship failed in April. Two weeks later, they approved the application and forwarded it to the embassy in Ukraine. She ignored the letter, because it says it will terminate automatically if not pursued. But now I have found another girl. I am not ready to apply for another visa. But I do not want to wait 2 years before I can apply again.

I have no criminal record and no previous marriage. My only issue is this prior K-1 visa application that was not pursued after approval. The new girl is Russian. She has no criminal record or previous marriages and never applied for a visa to the United States before. (Only a tourist visa to Egypt.)

My questions are about waiving this two year wait requirement. Can I get it waived before I even apply for a new visa? Is it difficult to get a waiver? And how do I do it?

Can I avoid the 2 year wait by just marrying the girl in Russia and applying for K-3? I do not know if this process is longer, shorter, or more or less difficult?

Should I write to the Ukrainian embassy before I apply for a waiver? Or can I just let it die there?

Thank you for any help.

There is no 2 year wait. You just need to include a letter (the waiver) stating the history of the first K-1 and that you are requesting approval on this new petition.

I'd also write to USCIS and the Embassy and have them cancel that peition now, they may not cancel it on their own for some time.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: K-1 Visa Country: Vietnam
Timeline

Did anyone here ever get a waiver of this kind? I would like to know what the success rate is and how to improve my chances.

Unless you have a criminal record covered by the IMBRA then the waivers are almost always granted.

You cannot get the waiver "in advance". Until you actually submit another I-129F then there is nothing to waive.

All you need to do to get the waiver is include a letter with your next I-129F explaining the outcome of the previous I-129F petition, and why you believe the filing limitation should not be applied in your case (hint: she didn't follow through with the visa application).

Dude, seriously... You filed a fiance petition for a girl, the relationship fell apart 3 months later, you met another girl, and are now thinking about what you need to do to file another petition - all in the span of about 6 months. On top of this, you're dealing with girls in the FSU. You are an American with a huge target on your back just begging some opportunistic girl to burn you to a crisp. Take your time and make sure it's "real" before you even think about getting serious, much less submitting another I-129F. Just some friendly advice. :blush:


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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