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Filed: Country: China
Timeline
Posted

I was looking at the instructions for the I-129F. Here's a relevant quote:

"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."

Here's my question:

I had a previous I-129F going last year (the first one I'd ever filed). The initial I-129F initial petition was approved by the USCIS and it was then forwarded to the embassy in Kiev, Ukraine. However the embassy interview never took place, and I canceled the petition via a letter to the embassy. The petition was then returned to the USCIS, and I received a note from them stating that they had received the paperwork back & that the case was closed. A K-1 visa was never approved nor issued as such. The I-129F initial petition/application was approved and forwarded to an embassy. But no actual K-1 visa was approved nor issued.

On December 25 I decided to again pursue the prospect of bring someone over, this time from China. If we proceed with a petition it will be I-129F petition number two for me, but I assume that because a previous K-1 visa was never issued that I do not need to apply for a waiver if we proceed. When they say "...had a K-1 visa petition approved..." do they mean an actual visa, or do they mean an approval for the initial I-129F going from USCIS to the embassy? I assume it's the former - that they mean an actual visa approval. But please let me know if I'm wrong on this point.

Later this week I'm going to China to meet in person a woman I've been lightly chatting with online. This will be our first meeting. I've read that the consulate in Guangzhou is a bit more readily apt to give denials. I just want to get more info about this particular point if we decide to proceed.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
"If you have ... had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver...."
The answer above this one is correct. To quote the excellent member Pushbrk, "read accurately, interpret literally, and follow instructions exactly," si man.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: China
Timeline
Posted

The most important issue that you will encounter with GUZ is they will ask your current fiancee about the previous one. With that being said, make sure you have full transparency with your girl so that you don't have trouble. They see this as a red flag and look for the easy ding if she is unaware...they will claim non-bonifide relationship. Good luck. :thumbs:

Nov 6, 2009: "I had breakfast in Korea, lunch in Shanghai, and dinner in Chongqing...now I just need to find a squat toilet..."

K1 completion: 03-10-2010, PINK!!!(well..it's orangish)
POE: Chicago/ORD 05-21-2010
Married: 05-26-2010
AOS completion: 10-28-2010
ROC completion: 05-16-2013

Naturalized: 11-21-2014

Filed: K-3 Visa Country: China
Timeline
Posted

I was looking at the instructions for the I-129F. Here's a relevant quote:

"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."

Here's my question:

I had a previous I-129F going last year (the first one I'd ever filed). The initial I-129F initial petition was approved by the USCIS and it was then forwarded to the embassy in Kiev, Ukraine. However the embassy interview never took place, and I canceled the petition via a letter to the embassy. The petition was then returned to the USCIS, and I received a note from them stating that they had received the paperwork back & that the case was closed. A K-1 visa was never approved nor issued as such. The I-129F initial petition/application was approved and forwarded to an embassy. But no actual K-1 visa was approved nor issued.

On December 25 I decided to again pursue the prospect of bring someone over, this time from China. If we proceed with a petition it will be I-129F petition number two for me, but I assume that because a previous K-1 visa was never issued that I do not need to apply for a waiver if we proceed. When they say "...had a K-1 visa petition approved..." do they mean an actual visa, or do they mean an approval for the initial I-129F going from USCIS to the embassy? I assume it's the former - that they mean an actual visa approval. But please let me know if I'm wrong on this point.

Later this week I'm going to China to meet in person a woman I've been lightly chatting with online. This will be our first meeting. I've read that the consulate in Guangzhou is a bit more readily apt to give denials. I just want to get more info about this particular point if we decide to proceed.

I too started out in the Ukraine and also married a Chinese girl! I met her online and went to meet her in Shenzhen. Been there 3 times to see her. I had some in between stops and k-1's filed and withdrawn for the Philippines. I too am being treated like a big fraudster. LOL HAd to hire a lame AZZ lawyer he was supposed to file my papers in NOVEMBER he just now opted in for electronic processing. I waited 7.5 months for noa2. A year has gone by now. He has cost me 3 months now. We had the chance to fly through the NVC and he screwed that up very badly. Lawyers s u c k/. Don't hire a lawyer!

 
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