Limit to number of I-130 Petitions

[BellaD 0]

Hi there! Please could someone advise as to whether there is a limit in the number of immigrant petitions a US Citizen can file for the same beneficiary within a given period? Here is our story:

My husband entered on a K-1 visa and we married within the 90 day period. However, when it came to filing for adjustment of status, we were unable to prepare the application before the expiration of his authorized stay. Believing the I-485 would be rejected if filed after the expiration of his I-94, my husband left the US to avoid overstaying his visa. We have now discovered that the only way to bring him back is to file an I-130 petition. But having filed an I-129f only last year, do I have to file a waiver with USCIS to be able to file another petition so soon? (I remember hearing something about this, but couldn't clarify).

We don't think that there should be any issue of inadmissability (he left within his authorized stay) although as an intending immigrant we don't think he'll be able to obtain a vistor visa in the meantime.

Your help is greatly appreciated

[J&N* 68]

Umm.. there's no expiry date to file for the AOS, as long as you marry within the 90 days, you're good. You really messed up between the two! He shouldn't have left the US without an advance parole or Green Card. I don't know what could you do to bring him back... I just wanted to clarify that he did NOT have to leave whatsoever. There are people here who adjusted a YEAR later!

[Penguin_ie 5,994]

There is no limit, as you are now petitioning him for a spousal visa.

[BellaD 0]

Thanks Penguin! I feel a little better hearing that