K-1 Visa Waiver

[papart_banks 0]

VJ,

I withdrew my K-1 visa application,due to my fiancee was having alots of family problems. Everything was completed,but the medical and interview. I did schedule an interview for my fiancee,but she never made it. This was my first time applying for a K-1 visa. Do we need a waiver?

Thanks,

[Penguin_ie 5,997]

Are you applying again for the same woman?

How long since the first petition?

Did you actually withdraw it or did she simply not turn up to interview?

[LookyWhatIFound 38]

VJ,

I withdrew my K-1 visa application,due to my fiancee was having alots of family problems. Everything was completed,but the medical and interview. I did schedule an interview for my fiancee,but she never made it. This was my first time applying for a K-1 visa. Do we need a waiver?

Thanks,

I think USCIS is all confused about the IMBRA waiver on limitations and especially if its the same beneficiary. The best thing to do is write the explanation of why you think you should be allowed to apply for her again within the 2 year limitation and maybe why you think it'll end differently this time, attach a copy of your previous NOA2. Then sign and date it. Thats really all there is to it, and you bypass their interpretation of the rule.

[baron555 934]

VJ,

I withdrew my K-1 visa application,due to my fiancee was having alots of family problems. Everything was completed,but the medical and interview. I did schedule an interview for my fiancee,but she never made it. This was my first time applying for a K-1 visa. Do we need a waiver?

Thanks,

Yes but it's not a big deal; just a simple letter explaining everything including dates.

[papart_banks 0]

Are you applying again for the same woman?

How long since the first petition?

Did you actually withdraw it or did she simply not turn up to interview?

Yes! I'm applying again for the same woman. I wrote a letter to the Embassy witdrawing the K-1 visa application. She did miss her interview date.

[LookyWhatIFound 38]

Yes! I'm applying again for the same woman. I wrote a letter to the Embassy witdrawing the K-1 visa application. She did miss her interview date.

But thats where the craziness comes in USCIS approved the I-129F and thats all they care. Whether you withdrew it at the embassy or not USCIS will count it as an I-129F approval. The embassy and USCIS are different entities. I know this for sure, when they approve your next application they will write on your NOA2 that you have 2 approved petitions.