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Posted

Hello there,

I am looking for your help please.

I am filing a I-129f for my fiancee.

On question 11 is asking me if I have ever filed the I-129f before.

The answer is yes. I filed it on 2009 for other woman. On May 6 of 2009 I recieved the 2nd notice of action (NOA) stating: U.S. Petitioner Receives second Notice of Action (NOA) acknowledging K-1 petition has been approved.

That was the last "oficial" step we did. After a couple of months I conatcted USCIS to terminated the petition. I received on December 7 of 2009 the confirmation that my petition was terminated. I have all this letter and the 2nd NOA.

My question is, if I am able to apply today (April of 2011) for my second i-129F

I will state all the requiered information on question 11. I don't know if I need any waiver or extra explanation or documentation. I read that I can't apply within of 2 years of other petiton was approved. I donb't know if my previuos petiton is considered "approved" since we move forward with it.

All help and comments will be greatly appreciate them

Thanks

Rodolfo

Posted

The thing is there's no way out of answering that you did file a petiton and you have to put down the dates and the beneficiaries name. In addition you will have to provide evidence of ongoing relationship so it seems there is not a way out of it.

But its not a really big deal. You will be allowed to file within the 2 years if you file a waiver for the 2 year filing limitation. All they are saying is that you should state on a page why you should be allowed to file again and attach the supporting documents like the NOA2 and cancellation. You should probably state why it will be different this time. Then sign and date it. Title it sometning like, Waiver for IMBRA Filing Limitations. Put this right near your cover letter and mention it in the table of contents so they know its there.

The thing is they don't keep records of previous petitions, as far as I have heard. But it can bite you in the future if you don't answer their question.

NOA1 - 12/21/15

NOA2 - 04/18/16

NVC Receive - 04/29/16

NVC Welcome - 05/13/16

DS-261 - 05/14/16

AOS, IV PAID - 05/27/16

DS260 done - 06/10/16

Case Transferred to US Embassy in Riga Latvia at the end of October.

If you really want it, you'll find a way!

Filed: AOS (apr) Country: Kenya
Timeline
Posted

Hello there,

I am looking for your help please.

I am filing a I-129f for my fiancee.

On question 11 is asking me if I have ever filed the I-129f before.

The answer is yes. I filed it on 2009 for other woman. On May 6 of 2009 I recieved the 2nd notice of action (NOA) stating: U.S. Petitioner Receives second Notice of Action (NOA) acknowledging K-1 petition has been approved.

That was the last "oficial" step we did. After a couple of months I conatcted USCIS to terminated the petition. I received on December 7 of 2009 the confirmation that my petition was terminated. I have all this letter and the 2nd NOA.

My question is, if I am able to apply today (April of 2011) for my second i-129F

I will state all the requiered information on question 11. I don't know if I need any waiver or extra explanation or documentation. I read that I can't apply within of 2 years of other petiton was approved.

You didn't read that on the I-129f instructions, that is for sure. That is false info. Yes you need a waiver letter.

I donb't know if my previuos petiton is considered "approved" since we move forward with it.

You answered all your questions above in bold. So what is the question now? Draft the waiver letter, a simple letter and add it to your new filing. No big deal. Your fiance(e) will most likely be asked about knowledges of this previous filing during his/her inteview, so fill them on all the details.

All help and comments will be greatly appreciate them

Thanks

Rodolfo

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

 
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