K1 Refile limit Is a waiver needed

[Mee1234 0]

I was looking up for when I can file 129f for a different fiance. I filed in February 2010 and it was Approved in May 2010. My fiancee interview was on October. She failed her interview. And it was sent back to USCIS. I did an appeal and waited for about 6 months. Then I withdrew the 129f in August. I got the confirmation of withdrawal letter in September. In addition me and my fiance broke up. I want to know when can I file for a new fiance. On the application it says if I file 2 or more 129f within 2 years I need a waiver and if i was Approved in the pass I need a waiver to file again. But is USCIS using the application date filed or the approval date of the old 129f to determine the 2 year limit?

[Bobby+Umit 161]

There is no time limit for "filing" - you would count every time you filed.

The 2 year rule is for "approved" petitions, and that would go by the date of your NOA2.

So, if your within the 2 years of that NOA2, you would need a waiver.

If you file another K-1, you would need a waiver, regardless if it was two years or not.

[Mee1234 0]

I am planning to file for my new fiance around March. So I would need a waiver right? What if I wait for two years will I still need a waiver?

How do I get a waiver and what is needed to aquire a waiver? A lot of people talk about waiver but I don't know what it actually is. Is it a form I fill out or what is it?

[Bobby+Umit 161]

I am planning to file for my new fiance around March. So I would need a waiver right? What if I wait for two years will I still need a waiver?

Since your previous one was approved in the last two years, yes, you would need a waiver.

If you waited past 2 years, no, you won't need a waiver (since this would be your second filing).

How do I get a waiver and what is needed to aquire a waiver? A lot of people talk about waiver but I don't know what it actually is. Is it a form I fill out or what is it?

Read theI-129F instructions, in particular, 2 and 7.B.

Basically, you would submit a signed and dated request for a waiver, explaining why you need a waiver (with evidence) with the petition.

Edited October 26, 2011 by Bobby+Umit