Waivers

[bxman 13]

I filed for K-1 Visa back in Sept 2011 but my fiancee changed her mind so I had to cancel just before NOA2 arrived!

I am now in the process of beginnig anew.

I will hope for better luck this time!

Anyway since I filed for a visa before even though it was cancelled I am understanding I will need to file a waiver

Does anyone know anything about waivers?

Where do I find that form and when do I file it?

Is there another fee?

Does this add much more to the processing time?

Can I be denied?

Any insight as to this added step is Greatly appreciated

Thanks

Don

[Grant PDX 183]

Just to confirm, you filed in September 2011, so your NOA2 would have arrived in January or February within the last few weeks? Just before that NOA2 arrived you cancelled and have now found a new fiancee and are ready to file again?

The verbiage in the instructions is:

"Filed 2 or more at any time" - so if that was your only 1, it doesn't trigger a waiver OR

"Had a K-1 visa petition approved in the last 2 years" - so if your petition was approved you would trigger a waiver.

If I were you, I would treat it as the 2nd case, unless you know for sure it got stopped before leaving the USCIS. The USCIS may look at the NOA2 as an approval in their system. I don't know if this is true, but there are probably very few stopped at that step so there might not be a lot of people with that experience to help.

The USCIS may very well be concerned if they see the petition as approved and you are reapplying for a new fiancee within weeks of the first being approved. I think a waiver letter would make sense. The waiver is discussed in item 2 of page 2 of the instructions http://www.uscis.gov/files/form/i-129finstr.pdf.

My opinion only.

Ah, I see in your timeline that you had an RFE 1 month ago that you didn't complete, so no petition was approved. However they did have you in their system, so a waiver letter might still make sense. From the instructions it seems that the waiver is just a letter with evidence showing why it should be granted.

Edited February 13, 2012 by Grant n Karleen

[X Factor 1,112]

Wow it is tough that she changed her mind but on the long run it is better for you since you don't want someone who will flake out on you. I agree with the previous post on attaining a waiver.

[Harpa Timsah 13,258]

You have a new foreign fiance already? That you met within the last two years?

[Grant PDX 183]

I guess one way to avoid this type of problem would be to go with a "shotgun" approach. File petitions for the number of "possibles" then you can honestly say you haven't had filed or approved petitions in the past. Then pick which ever one get approved first. You can stop any "bad seeds" prior to NOA2.

Just a suggestion. Not for you, but for anyone else that might have a similar issue in the future who might have a few possibles, but not be entirely sure which of their fiancees is the right one at the time of filing.

[NoneYa 73]

I guess one way to avoid this type of problem would be to go with a "shotgun" approach. File petitions for the number of "possibles" then you can honestly say you haven't had filed or approved petitions in the past. Then pick which ever one get approved first. You can stop any "bad seeds" prior to NOA2.

Just a suggestion. Not for you, but for anyone else that might have a similar issue in the future who might have a few possibles, but not be entirely sure which of their fiancees is the right one at the time of filing.

That is the most ridiculous suggestion I have read on this board since I joined in August. I have conversed with the man that posted this topic. He has the right intentions. I'm sure he wouldn't take your advice. I would bet he doesn't have another Filipina in mind yet.

I presume he is trying to consider whether he should even try this again if he does meet someone in the future.

[Lainie B 465]

I guess one way to avoid this type of problem would be to go with a "shotgun" approach. File petitions for the number of "possibles" then you can honestly say you haven't had filed or approved petitions in the past. Then pick which ever one get approved first. You can stop any "bad seeds" prior to NOA2.

Just a suggestion. Not for you, but for anyone else that might have a similar issue in the future who might have a few possibles, but not be entirely sure which of their fiancees is the right one at the time of filing.

You cannot be serious, surely

[bxman 13]

Hey ya gotta admit Grant is Funny! lol

To be clear

I never had RFE I just did not know how to post to VJ that my visa was cancelled by request of Sponsor

Visa was cancelled prior to NOA2

Only Visa I ever applied for ever.

At present I have no fiancee only looking at this stage (again)

But now is the time to line the ducks up as it were. lol

It is a LONG process so best to try not to make mistakes

It was hard on us BOTH to cancel but what can a fella do?

So am I correct once I meet another Philippina I would NOT have to file a waiver?

Doesn't it ask on the 129f Have you ever filed for visa before? (I'm going on bad memory here)

Or if I do have to file for waiver do I do that BEFORE I file for K-1 I 129f package?

Or is waiver just included with the package?

[bxman 13]

Oh yeahWhere do I find this waiver? Anyone have the form number?

[Inky 1,111]

Oh yeahWhere do I find this waiver? Anyone have the form number?

Its not a form. You write a letter - thats the "waiver"

[Moomin 292]

If your i-129f petition(it's not a visa at USCIS stage) was never approved(NOA2) you don't need a waiver.

[Grant PDX 183]

Sorry, it was not a serious suggestion. I've known guys who went "shopping" in the Philippines and other places and it has always rubbed me wrong when they narrowed it to a "short list". Apologies to the OP but I thought I smelled some of that here (and it looks like some others did as well). Again, I'm sorry.

Back to the post. It doesn't seem to meet the threshold in the instructions as linked above. However, if a few of us felt that, it's possible that the USCIS adjudicator (who is a real person) may feel that as well, if a petition were filed very soon. If a new petition was filed shortly after another petition was filed/canceled I personally would include a letter outlining the situation as it if were a waiver. Not "offically" required but the situation itself might raise eyebrows.

Believe me, I've met my share of bad seeds. I'm going through the K-1 process for the second time, but my first time I completed it, married my fiancee, have 2 kids and the relationship just ended with a divorce.

Sorry that you had to go through that. And good luck.