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K-1 Fiance Visa WAIVER?

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Filed: K-1 Visa Country: Philippines
Timeline

So what's this waiver I just read about that we have to fill out if we're going to be submitting another K1 within 2 years of our last? If you can kindly provide the link to this that would be great, thanks!

Our K-1 VISA Process & NCLEX-RN Exam Status

  • 04/24/2013 - I-129F Sent
  • 04/29/2013 - NOA1 Touched
  • 05/02/2013 - Left to visit my baby for the 3rd time!
  • 05/03/2013 - NOA1 Hardcopy received
  • 06/04/2013 - Flight back to the U.S.
  • 07/29/2013 - NOA2 (approval text) received (only 87 days since NOA1 Notice Date)
  • 08/02/2013 - NOA2 Hardcopy received
  • 08/14/2013 - Mailed all necessary post-NOA2 docs to sweetheart in preparation for her medical/interview!
  • 08/19/2013 - Manila Case # given by NVC (exactly 3 wks since NOA2)
  • 08/26/2013 - Manila Case # Hardcopy received, perfect timing for...
  • 08/26/2013 - Our 1-year ANNIVERSARY! dancin5hr.gif
  • 08/28/2013 - Post-NOA2 docs received (only 13 days!)
  • 09/02/2013 - Filed college credentials for CGFNS
  • 09/03/2013 - Paid $240 visa fee at BPI
  • 09/03/2013 - Mailed fingerprints to MorphoTrust
  • 09/04/2013 - Interview calendar (finally) viewable
  • 09/11/2013 - Releasing of credentials @ UPH
  • 09/12/2013 - Mailed off UPH credentials to CGFNS
  • 09/16/2013 - Medical Examination
  • 09/17/2013 - Immunizations
  • 09/18/2013 - Interview - VISA APPROVED!!! (< 5 months for everything!!)dancin5hr.gif
  • 09/19/2013 - Case Status: Ready
  • 09/23/2013 - Case Status: Administrative Processing
  • 09/24/2013 - Case Status: Issued!
  • 09/25/2013 - Releasing of credentials @ MCNP - pick up and send to CGFNS
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The only waiver I know about concerning a second K1 is in the situation where a petitioner applies for a K1 with someone and it doesn't work out. Then that same petitioner applies for a second (different person) within 2 years.

The only other waivers I can think of concerning K1 are

1. Extreme hardship waiver to wave the face to face meeting requirements

2. Waiver requesting to wave a ban in place placed on the beneficiary.

Maybe I have missed some....Anyone else?

Finished!

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Filed: K-1 Visa Country: Philippines
Timeline

The only waiver I know about concerning a second K1 is in the situation where a petitioner applies for a K1 with someone and it doesn't work out. Then that same petitioner applies for a second (different person) within 2 years.

Okay, and that is what I am going to do, but the other post I read made it seem that there should be a separate "waiver" REQUIRED to fill-out in addition to the regular K-1 visa packet I must send already.... so is there no specific "waiver" for someone in my position?

Thanks.

Our K-1 VISA Process & NCLEX-RN Exam Status

  • 04/24/2013 - I-129F Sent
  • 04/29/2013 - NOA1 Touched
  • 05/02/2013 - Left to visit my baby for the 3rd time!
  • 05/03/2013 - NOA1 Hardcopy received
  • 06/04/2013 - Flight back to the U.S.
  • 07/29/2013 - NOA2 (approval text) received (only 87 days since NOA1 Notice Date)
  • 08/02/2013 - NOA2 Hardcopy received
  • 08/14/2013 - Mailed all necessary post-NOA2 docs to sweetheart in preparation for her medical/interview!
  • 08/19/2013 - Manila Case # given by NVC (exactly 3 wks since NOA2)
  • 08/26/2013 - Manila Case # Hardcopy received, perfect timing for...
  • 08/26/2013 - Our 1-year ANNIVERSARY! dancin5hr.gif
  • 08/28/2013 - Post-NOA2 docs received (only 13 days!)
  • 09/02/2013 - Filed college credentials for CGFNS
  • 09/03/2013 - Paid $240 visa fee at BPI
  • 09/03/2013 - Mailed fingerprints to MorphoTrust
  • 09/04/2013 - Interview calendar (finally) viewable
  • 09/11/2013 - Releasing of credentials @ UPH
  • 09/12/2013 - Mailed off UPH credentials to CGFNS
  • 09/16/2013 - Medical Examination
  • 09/17/2013 - Immunizations
  • 09/18/2013 - Interview - VISA APPROVED!!! (< 5 months for everything!!)dancin5hr.gif
  • 09/19/2013 - Case Status: Ready
  • 09/23/2013 - Case Status: Administrative Processing
  • 09/24/2013 - Case Status: Issued!
  • 09/25/2013 - Releasing of credentials @ MCNP - pick up and send to CGFNS
blk-event.png
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So what's this waiver I just read about that we have to fill out if we're going to be submitting another K1 within 2 years of our last? If you can kindly provide the link to this that would be great, thanks!

See page 1 of the I-129F instructions, specifically the section titled, "Filing Limitations on K Nonimmigrant Petitioners": http://www.uscis.gov/files/form/i-129finstr.pdf

Edited by LeftCoastLady

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: K-1 Visa Country: Philippines
Timeline

See page 1 of the I-129F instructions, specifically the section titled, "Filing Limitations on K Nonimmigrant Petitioners": http://www.uscis.gov/files/form/i-129finstr.pdf

Wait so what happens if we dont file this additional "waiver"? is this definitely required even if my 1st one has been officially WITHDRAWN? just dont want to bother with more paperwork then all the other required stuff!

Our K-1 VISA Process & NCLEX-RN Exam Status

  • 04/24/2013 - I-129F Sent
  • 04/29/2013 - NOA1 Touched
  • 05/02/2013 - Left to visit my baby for the 3rd time!
  • 05/03/2013 - NOA1 Hardcopy received
  • 06/04/2013 - Flight back to the U.S.
  • 07/29/2013 - NOA2 (approval text) received (only 87 days since NOA1 Notice Date)
  • 08/02/2013 - NOA2 Hardcopy received
  • 08/14/2013 - Mailed all necessary post-NOA2 docs to sweetheart in preparation for her medical/interview!
  • 08/19/2013 - Manila Case # given by NVC (exactly 3 wks since NOA2)
  • 08/26/2013 - Manila Case # Hardcopy received, perfect timing for...
  • 08/26/2013 - Our 1-year ANNIVERSARY! dancin5hr.gif
  • 08/28/2013 - Post-NOA2 docs received (only 13 days!)
  • 09/02/2013 - Filed college credentials for CGFNS
  • 09/03/2013 - Paid $240 visa fee at BPI
  • 09/03/2013 - Mailed fingerprints to MorphoTrust
  • 09/04/2013 - Interview calendar (finally) viewable
  • 09/11/2013 - Releasing of credentials @ UPH
  • 09/12/2013 - Mailed off UPH credentials to CGFNS
  • 09/16/2013 - Medical Examination
  • 09/17/2013 - Immunizations
  • 09/18/2013 - Interview - VISA APPROVED!!! (< 5 months for everything!!)dancin5hr.gif
  • 09/19/2013 - Case Status: Ready
  • 09/23/2013 - Case Status: Administrative Processing
  • 09/24/2013 - Case Status: Issued!
  • 09/25/2013 - Releasing of credentials @ MCNP - pick up and send to CGFNS
blk-event.png
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Filed: Citizen (apr) Country: Canada
Timeline

Wait so what happens if we dont file this additional "waiver"? is this definitely required even if my 1st one has been officially WITHDRAWN? just dont want to bother with more paperwork then all the other required stuff!

If you are filing within the time frame listed in the instructions, Yes its required. Even if the previous petition has been withdrawn / canceled or burned in a fire.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: K-1 Visa Country: Philippines
Timeline

If you are filing within the time frame listed in the instructions, Yes its required. Even if the previous petition has been withdrawn / canceled or burned in a fire.

What happens if we dont file the waiver though?

Our K-1 VISA Process & NCLEX-RN Exam Status

  • 04/24/2013 - I-129F Sent
  • 04/29/2013 - NOA1 Touched
  • 05/02/2013 - Left to visit my baby for the 3rd time!
  • 05/03/2013 - NOA1 Hardcopy received
  • 06/04/2013 - Flight back to the U.S.
  • 07/29/2013 - NOA2 (approval text) received (only 87 days since NOA1 Notice Date)
  • 08/02/2013 - NOA2 Hardcopy received
  • 08/14/2013 - Mailed all necessary post-NOA2 docs to sweetheart in preparation for her medical/interview!
  • 08/19/2013 - Manila Case # given by NVC (exactly 3 wks since NOA2)
  • 08/26/2013 - Manila Case # Hardcopy received, perfect timing for...
  • 08/26/2013 - Our 1-year ANNIVERSARY! dancin5hr.gif
  • 08/28/2013 - Post-NOA2 docs received (only 13 days!)
  • 09/02/2013 - Filed college credentials for CGFNS
  • 09/03/2013 - Paid $240 visa fee at BPI
  • 09/03/2013 - Mailed fingerprints to MorphoTrust
  • 09/04/2013 - Interview calendar (finally) viewable
  • 09/11/2013 - Releasing of credentials @ UPH
  • 09/12/2013 - Mailed off UPH credentials to CGFNS
  • 09/16/2013 - Medical Examination
  • 09/17/2013 - Immunizations
  • 09/18/2013 - Interview - VISA APPROVED!!! (< 5 months for everything!!)dancin5hr.gif
  • 09/19/2013 - Case Status: Ready
  • 09/23/2013 - Case Status: Administrative Processing
  • 09/24/2013 - Case Status: Issued!
  • 09/25/2013 - Releasing of credentials @ MCNP - pick up and send to CGFNS
blk-event.png
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Filed: K-1 Visa Country: Philippines
Timeline

What happens if we dont file the waiver though?

Nevermind, I got the answer. We'll get an RFE. So..... as long as we provide this letter waiver along with our K-1, will it automatically be granted and the rest of our K1 process will go smoothly? is there a chance that they REJECT a waiver only because it didn't workout with that person? On the cover sheet that we must file, what should we title it besides "K1 Waiver"...?

Our K-1 VISA Process & NCLEX-RN Exam Status

  • 04/24/2013 - I-129F Sent
  • 04/29/2013 - NOA1 Touched
  • 05/02/2013 - Left to visit my baby for the 3rd time!
  • 05/03/2013 - NOA1 Hardcopy received
  • 06/04/2013 - Flight back to the U.S.
  • 07/29/2013 - NOA2 (approval text) received (only 87 days since NOA1 Notice Date)
  • 08/02/2013 - NOA2 Hardcopy received
  • 08/14/2013 - Mailed all necessary post-NOA2 docs to sweetheart in preparation for her medical/interview!
  • 08/19/2013 - Manila Case # given by NVC (exactly 3 wks since NOA2)
  • 08/26/2013 - Manila Case # Hardcopy received, perfect timing for...
  • 08/26/2013 - Our 1-year ANNIVERSARY! dancin5hr.gif
  • 08/28/2013 - Post-NOA2 docs received (only 13 days!)
  • 09/02/2013 - Filed college credentials for CGFNS
  • 09/03/2013 - Paid $240 visa fee at BPI
  • 09/03/2013 - Mailed fingerprints to MorphoTrust
  • 09/04/2013 - Interview calendar (finally) viewable
  • 09/11/2013 - Releasing of credentials @ UPH
  • 09/12/2013 - Mailed off UPH credentials to CGFNS
  • 09/16/2013 - Medical Examination
  • 09/17/2013 - Immunizations
  • 09/18/2013 - Interview - VISA APPROVED!!! (< 5 months for everything!!)dancin5hr.gif
  • 09/19/2013 - Case Status: Ready
  • 09/23/2013 - Case Status: Administrative Processing
  • 09/24/2013 - Case Status: Issued!
  • 09/25/2013 - Releasing of credentials @ MCNP - pick up and send to CGFNS
blk-event.png
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Filed: K-1 Visa Country: Philippines
Timeline

take the time to read the links I sent above. they include an example. Yes it is always possible they reject the waiver.

But for what reasons should they reject the waiver? Most of the time it is fine though, right? I dont see why they would reject it, and i just put "- I-129F (with waiver request attached)" on the cover letter this is fine right?

Our K-1 VISA Process & NCLEX-RN Exam Status

  • 04/24/2013 - I-129F Sent
  • 04/29/2013 - NOA1 Touched
  • 05/02/2013 - Left to visit my baby for the 3rd time!
  • 05/03/2013 - NOA1 Hardcopy received
  • 06/04/2013 - Flight back to the U.S.
  • 07/29/2013 - NOA2 (approval text) received (only 87 days since NOA1 Notice Date)
  • 08/02/2013 - NOA2 Hardcopy received
  • 08/14/2013 - Mailed all necessary post-NOA2 docs to sweetheart in preparation for her medical/interview!
  • 08/19/2013 - Manila Case # given by NVC (exactly 3 wks since NOA2)
  • 08/26/2013 - Manila Case # Hardcopy received, perfect timing for...
  • 08/26/2013 - Our 1-year ANNIVERSARY! dancin5hr.gif
  • 08/28/2013 - Post-NOA2 docs received (only 13 days!)
  • 09/02/2013 - Filed college credentials for CGFNS
  • 09/03/2013 - Paid $240 visa fee at BPI
  • 09/03/2013 - Mailed fingerprints to MorphoTrust
  • 09/04/2013 - Interview calendar (finally) viewable
  • 09/11/2013 - Releasing of credentials @ UPH
  • 09/12/2013 - Mailed off UPH credentials to CGFNS
  • 09/16/2013 - Medical Examination
  • 09/17/2013 - Immunizations
  • 09/18/2013 - Interview - VISA APPROVED!!! (< 5 months for everything!!)dancin5hr.gif
  • 09/19/2013 - Case Status: Ready
  • 09/23/2013 - Case Status: Administrative Processing
  • 09/24/2013 - Case Status: Issued!
  • 09/25/2013 - Releasing of credentials @ MCNP - pick up and send to CGFNS
blk-event.png
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Filed: K-1 Visa Country: Philippines
Timeline

But for what reasons should they reject the waiver? Most of the time it is fine though, right? I dont see why they would reject it, and i just put "- I-129F (with waiver request attached)" on the cover letter this is fine right?

Hello? Anyone home?

Our K-1 VISA Process & NCLEX-RN Exam Status

  • 04/24/2013 - I-129F Sent
  • 04/29/2013 - NOA1 Touched
  • 05/02/2013 - Left to visit my baby for the 3rd time!
  • 05/03/2013 - NOA1 Hardcopy received
  • 06/04/2013 - Flight back to the U.S.
  • 07/29/2013 - NOA2 (approval text) received (only 87 days since NOA1 Notice Date)
  • 08/02/2013 - NOA2 Hardcopy received
  • 08/14/2013 - Mailed all necessary post-NOA2 docs to sweetheart in preparation for her medical/interview!
  • 08/19/2013 - Manila Case # given by NVC (exactly 3 wks since NOA2)
  • 08/26/2013 - Manila Case # Hardcopy received, perfect timing for...
  • 08/26/2013 - Our 1-year ANNIVERSARY! dancin5hr.gif
  • 08/28/2013 - Post-NOA2 docs received (only 13 days!)
  • 09/02/2013 - Filed college credentials for CGFNS
  • 09/03/2013 - Paid $240 visa fee at BPI
  • 09/03/2013 - Mailed fingerprints to MorphoTrust
  • 09/04/2013 - Interview calendar (finally) viewable
  • 09/11/2013 - Releasing of credentials @ UPH
  • 09/12/2013 - Mailed off UPH credentials to CGFNS
  • 09/16/2013 - Medical Examination
  • 09/17/2013 - Immunizations
  • 09/18/2013 - Interview - VISA APPROVED!!! (< 5 months for everything!!)dancin5hr.gif
  • 09/19/2013 - Case Status: Ready
  • 09/23/2013 - Case Status: Administrative Processing
  • 09/24/2013 - Case Status: Issued!
  • 09/25/2013 - Releasing of credentials @ MCNP - pick up and send to CGFNS
blk-event.png
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  • 2 years later...
Filed: AOS (apr) Country: Kenya
Timeline

Hi, it was my first time Appling for a fiance visa K-1. Do I need to write the waiver letter too. How do I write it? If anybody can give me some suggestions, that would be a great help. Thank you much.

You don't need a waiver if this is your first K-1.

But for what reasons should they reject the waiver? Most of the time it is fine though, right? I dont see why they would reject it, and i just put "- I-129F (with waiver request attached)" on the cover letter this is fine right?

Because they said they want a waiver letter. It is just one little piece of paper. If you want to take the chance, then go for it.

Yes the title proposed would be adequate.

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

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

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