Need help with I-129f

[me007 0]

My fiancee and I are having trouble with being approved for an I-129f.The first time she went to her interview they denied her because we filed a month to soon.Her proof of petition for annulment was final in oct and we filed in sept this all took place in the year of 2011.Now she was waiting for her final copy of annulment and was told by the person who interviewed her to bring her final copy of annulment before I refile her I-129f.Well she went before the judge in august of 2012 and the judge told her she would have her final copies by Oct which was good because I did refile in March of 2012 and in sept 2012 The uscis sent me an RFE asking for proof of annulment well we thought the copies would be in hand like the judge promised us.But that was not to be.So we sent in her proof of petition of annulment to the Uscis which being we did not have her final annulment copies yet.And Uscis did not except her proof of annulment petition because they sent me a letter saying they denied my I-129f.so this is twice we were denied.I was told I can only file twice for the same person.So my question is.Is this true I can only file twice for her and if so what other action can I take to get her a visa to come to the U.S.A.This time we will wait for her to have her final copies in hand..Thank You all for any help you can give...

[Hank_ 9,174]

Question that jumps out at me is why did you file BEFORE you had the annulment (not once but twice) knowing it was necessary for both fiance and fiancee be free to marry at time of filing?

Did USCIS tell you that you can only file twice on the same person? I have read there is a limitation if you have filed twice, but you can apply for a waiver. Item #2 of the I-129F instructions.

http://www.uscis.gov/files/form/i-129finstr.pdf

Edited January 5, 2013 by Hank_

[Penguin_ie 5,994]

You can file as many times as you want for the same person, but will need to explain why you are filing again- in your case, this is a clear and easy reason so therte should be no troubler, other than waiting again, and paying again.

It would be worth your while to read the forms carefully a few times and the Guide here too. You both need to be free to marry when the petition is sent, NOT just when it is approved. You must wait for the final annulment and only once you have it should you petition for your fiance.

[Hank_ 9,174]

The I-129F instructions clearly state:

2. Filing Limitations on the K Nonimmigrant Petitioners.

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentatioin of your claim to the waiver.

Edited January 5, 2013 by Hank_

[Leatherneck 693]

Question that jumps out at me is why did you file BEFORE you had the annulment (not once but twice) knowing it was necessary for both fiance and fiancee be free to marry at time of filing?

Did USCIS tell you that you can only file twice on the same person? I have read there is a limitation if you have filed twice, but you can apply for a waiver. Item #2 of the I-129F instructions.

http://www.uscis.gov...i-129finstr.pdf

[sunandmoon 450]

on question 11 of the I-129f, include an explanation. this does not appear to be a situation where a waiver, per se, will be needed.

[Grant PDX 183]

To me it does look like a waiver as it states "If you have filed two or more K-1 visa petitions at any time in the past ...". Although neither was accepted, 2 have been filed. A waiver request is simply a letter stating why you believe you qualify for a waiver to be granted. It doesn't look to me like you will have a problem with that. Best of luck!

[glenmar 34]

My fiancee and I are having trouble with being approved for an I-129f.The first time she went to her interview they denied her because we filed a month to soon.Her proof of petition for annulment was final in oct and we filed in sept this all took place in the year of 2011.Now she was waiting for her final copy of annulment and was told by the person who interviewed her to bring her final copy of annulment before I refile her I-129f.Well she went before the judge in august of 2012 and the judge told her she would have her final copies by Oct which was good because I did refile in March of 2012 and in sept 2012 The uscis sent me an RFE asking for proof of annulment well we thought the copies would be in hand like the judge promised us.But that was not to be.So we sent in her proof of petition of annulment to the Uscis which being we did not have her final annulment copies yet.And Uscis did not except her proof of annulment petition because they sent me a letter saying they denied my I-129f.so this is twice we were denied.I was told I can only file twice for the same person.So my question is.Is this true I can only file twice for her and if so what other action can I take to get her a visa to come to the U.S.A.This time we will wait for her to have her final copies in hand..Thank You all for any help you can give...

As others have pointed out you will need to inlude a IMBRA waiver request for exceeding the filing limitations with your petition. Annulment docs may refer to the Decision, the Finality, the Certificate Of Registeration and the Anotated Marriage Contract. Include all of these with your petiton if you like but at a minimum be sure to include the decree.

Good Luck completeing your visa journey I understand what you are going through.

[th and jv 3]

... i completely agree with this ... the affidavit of finality is very crucial - next to annotated marriage contract ... the affidavit of finality should be furnished by the court who granted the final decision ... this affidavit, together with all those mentioned below, shall be presented to NSO for the basis of the issuance of the annotated marriage contract for submission to the USEM ... as an additional info, make sure that the final decision has the judge's signature, not just "original signed" ...

... hope this helps ...

As others have pointed out you will need to inlude a IMBRA waiver request for exceeding the filing limitations with your petition. Annulment docs may refer to the Decision, the Finality, the Certificate Of Registeration and the Anotated Marriage Contract. Include all of these with your petiton if you like but at a minimum be sure to include the decree.

Good Luck completeing your visa journey I understand what you are going through.

[Hank_ 9,174]

You will have to contact USCIS about the wording, its their document. It very clear what they are saying IMO

[sunandmoon 450]

Correct me if I'm wrong, but isn't that just bad wording? I was always under the impression they were referring to file for two people at two different times. The rule, I understood it, was to prevent multiple marriage frauds. Either intentionally by the petitioner, or on the part of the beneficiaries, and the petitioner's ignorance and bad luck.

I wouldn't say it's bad wording, since the norm isn't the petitioner filing another petition for the same person. the impressions you mention are reasons for IMBRA, an Act of Congress, which had to be implemented by the USCIS.

[Hank_ 9,174]

The wording talks of petitions, not people, two or more petitions filed... no matter if its for the same person, if two or more petitions have been filed by a person then a waiver is required.

[me007 0]

ok i understand the 2 year rule.so the end of this month I can file again when she has her annulment papers because january 2011 was the first time she was approved.and the second time she was denied which was this month..

[me007 0]

Also the very first time we petitoned for the I-129f the judge told her she would have her finally copy of annulment way before the period of time it takes uscis to approve a I-129f.So now we understand we can not trust even a judge in the philippines..This is why I filed the second time before she got her fianl copy of annulment..So lesson learned

[Artisan 138]

Also the very first time we petitoned for the I-129f the judge told her she would have her finally copy of annulment way before the period of time it takes uscis to approve a I-129f.So now we understand we can not trust even a judge in the philippines..This is why I filed the second time before she got her fianl copy of annulment..So lesson learned

The problem is that you were filing before your fiance was free to marry in the first place. Even if you had received those papers it is likely you would have been rejected as the dates on the paperwork would not have matched. Your fiance must be free to marry on the date you filed the I129f. Annulments are not in effect until they are finalized and as such your fiance is still married. It's not a matter of trusting a judge, it is a matter of dissolving a union that is permanent in the eyes of the government. It's not uncommon for annulments to take years and sometime not be granted at all. Until you have the finalized annulment in your hands you should not assume that it will be granted.