Waiver for previous K1 ?

[cliff 0]

Hi there,

I plan to prepare for filing K1 petition for my new fiancee. But I did K1 6 years ago for my ex-fiancee. My ex actually entered the states after she got K1 visa, but our relationship didn't work out and we didn't get married. Finally, after 2 months, she went back to her country, and we'v never contacted again for 5 years.

Now, I am a little concerned about my 2nd K1 petition for my new girl. Should I request for a waiver for the previous K1 case? If so, how to request? Should I include a letter to explain my previous case? Is any writing template available for me to take a look? Has anyone encountered the similar situation as mine? What other recommendations can you folks tell me?

Thanks in advance!

[Darnell 8,478]

the 'request for waiver' can be as simple as a paragraph INSIDE the cover letter that you are sending off to USCIS. IIRC, is no 'form' to fill out.

[TwoCats 55]

2. Filing Limitations on K Nonimmigrant Petitioners.

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.

Copied from the I-129F instructions. (Bolding is me)

Since your case was in 2004, you should be fine without a waiver as long as you haven't had any other petitions.

You will need to note it in the question about other petitions, though.

Edited January 4, 2011 by TwoCats

[YuAndDan 153]

You only filed for one K-1 before, and it was more than 2 years ago, so NO waiver needed.

http://www.uscis.gov/files/form/i-129finstr.pdf

Also for extensive information about immigrations from China join: http://candleforlove.com

[cliff 0]

the 'request for waiver' can be as simple as a paragraph INSIDE the cover letter that you are sending off to USCIS. IIRC, is no 'form' to fill out.

Now i am trying to play English word game:

"If you have filed two or more K-1 visa petitions at any time in the past"...Since this is my 2nd time, so this doesn't apply to my case?

"or previously had a K-1 visa petition approved within two years prior to the filing of this petition"...Since my old case is 2004, so this also doesn't apply to my case?

Thanks,

[Sam and Fen 41]

As others have stated you do not need a waiver.

If you have any evidence that proves that your ex fiancee went back to her country I would include that with the new I129 petition if your ex Fiancee was also from China

[Darnell 8,478]

Now i am trying to play English word game:

Hey Cliff

ya don't need a waiver, on this one.

Good Luck !

(note I did not say you needed one, or not need one, prior - NOW I'm a saying ya don't need one)

[cliff 0]

You only filed for one K-1 before, and it was more than 2 years ago, so NO waiver needed.

http://www.uscis.gov/files/form/i-129finstr.pdf

Also for extensive information about immigrations from China join: http://candleforlove.com

Oh, that was the website I used before...5 years has passed. Now I officially return to visajourney and candleforlove.

[cliff 0]

As others have stated you do not need a waiver.

If you have any evidence that proves that your ex fiancee went back to her country I would include that with the new I129 petition if your ex Fiancee was also from China

I see. I do find a flight invoice that I purchased for her to go back. Maybe I can use it in case.

Thanks

Edited January 4, 2011 by cliff

[YuAndDan 153]

Oh, that was the website I used before...5 years has passed. Now I officially return to visajourney and candleforlove.

I see your profile still over there.

http://candleforlove.com/forums/index.php?showuser=1342

[cliff 0]

I see your profile still over there.

http://candleforlove.com/forums/index.php?showuser=1342

HoooHooo.....I can't believe they still keep my dead body there.

Thanks for the resurrection! The king is returning!

Hope this time my new journey is a true bless.

Thanks YuAndDan!

[bayojona3231 4]

Simply send a well written waiver to explain your sitiation. Good luck

[YuAndDan 153]

Simply send a well written waiver to explain your sitiation. Good luck

?? Did you actually read the posts following the OP's question??

In this case the OP had only ONE K-1 in the past, 6 years ago, I-129F instructions are clear on this, no waiver needed in this case.

[Darnell 8,478]

Simply send a well written waiver to explain your sitiation. Good luck

why?

[Al422 221]

You definitely do not need a waiver, but for smooth sailing you should explain things thoroughly so there is no question that the relationship was just one of those ones that did not work out, not something impulsive or irresponsible that you did.

Make it eminently clear that you and your former fiance never married.

I had a prior as well, also in 2004. It never got as far as the K-1 because my ex-fiance bombed out on me three days before the interview and refused to attend. Just to make sure that the proceeding that she killed would stay dead, I sent a letter to the embassy withdrawing my support of her. I then explained all of this on my present petition, with a copy of the 2004 letter.

Please don't ask me how it went because I am still waiting for my NOA2; therefore I do not know.