need help with re-filing K1

[LonelySandy 0]

Our k-1 petition was expired last month at CSC level. I am considering to re-file K1 since getting married is not an option as I can't travel back for a year. Is there a waiver to submit with the second petition? We were initially denied for lack of bona-fide relationship.

[baron555 934]

Our k-1 petition was expired last month at CSC level. I am considering to re-file K1 since getting married is not an option as I can't travel back for a year. Is there a waiver to submit with the second petition? We were initially denied for lack of bona-fide relationship.

What do you mean expired at CSC? You mean you were denied at the interview and the petition returned to USCIS and it now has expired?

Anyway the waiver is just a letter from you to them stating that you are applying for another visa and on this past date, blah blah we filed this visa and it went to the Embassy where it was denied and then expired.

[LonelySandy 0]

What do you mean expired at CSC? You mean you were denied at the interview and the petition returned to USCIS and it now has expired?

Anyway the waiver is just a letter from you to them stating that you are applying for another visa and on this past date, blah blah we filed this visa and it went to the Embassy where it was denied and then expired.

yes and thank you...

[NigeriaorBust 4,087]

The answer to the waiver is yes, kind of. You are required to file the waiver if you have 2 petitions in less than 3 years or more than 2 overall, but there is some disagreement about it being required for the same person. The safest bet is to write a statement that says you don't believe you are required to file a waiver for the same person but should the person reading the statement feel a waiver is needed to please consider the statement a request for waiver. That way you may avoiding getting entered in "the database" but you still have your tushie covered.

[baron555 934]

but there is some disagreement about it being required for the same person.

I don't see any disagreement....here is the language from the I-129F instructions:

If you have filed two or more K-1 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.

It doesn't mention anything about the same person or any other conditions...so therefore, yes you need to draft the waiver letter.