Multiple Filer Question

[RickJustice 2]

Hello everyone.

I am filling out my 2nd I-129F application. The first one was filed a year ago today.

I keep reading posts and interpretations that I will need a multiple filer waiver, however has anyone actually read the Part 3, Item 3 explanation of who needs a multiple filer waiver? Here it is:

"If your beneficiary is your fiance and: (a) this is the third (or more) form I-129F petition you have filed; or (b) this is the third (or more) Form I-129F petition you have filed and your first Form I-129F petition was approved within the last 2 years, then your petition cannot be approved unless a waiver of the multiple filing restriction is granted."

However under the instructions page it says:

2. What filing limitations does IMBRA place on K-1 Non immigrant Petitioners?

You must apply for a filing limitations waiver if any of the following apply:

a. you have previously filed K-1 petitions for two or more beneficiaries; or

b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously approved petition.

So can someone please clarify this as I do not want to go the Multiple filer route because I do have 1 previous domestic violence related conviction that was expunged and the plea of nolo contendere previously entered was set aside, and a plea of not guilty was ordered entered and the case was dismissed. This was over 14 years ago. I don't want to risk a denial based on that. I had no trouble with the law after that one incident and have even worked for City government, received several college degrees, since then.

So questions are:

1) With the above 2 different definitions on Multiple Filer (the first being on the application itself which is a new I-129F Form since 2013 and the other Multiple Filer definition on the instructions which probably hasn't changed, do I have to file Multiple Filer for my case?

2) If I do have to file a Multiple Filer for my case, with my past domestic violence related conviction and present circumstances of good conduct, etc, what is the likelihood that I will get a waiver? (someone with a similar case, can you please let me know what happened with yours)

Thanks all.

[RickJustice 2]

and here's an excerpt from an immigration lawyer's website:

Q. What if I have applied for a K-1 visa in the past/ have received K-1 approval in the past?

A. If a U.S. citizen has ever “filed petitions for two or more fiancés/fiancées and the previously approved petitions were filed within 2 years,” a new K-1 application can be denied. [i.N.A 214(d) (2) (A)] This restriction may be removed through a waiver, which can be requested through a written explanation, submitted along with the I-129F form. Waivers will be highly scrutinized in certain situations, such as those where: the petitioner has a history of violence; has filed I-129F petitions for different beneficiaries at the same time, obtaining I-129F approvals every few years, and so forth. - See more at: http://www.hooyou.com/k-1/faq.html#sthash.ycRGMNMI.dpuf

This goes along with the definition on the Petition and not the instructions page.

Any thoughts?

[Zedayn 485]

Was your last I-129F approved? If your previous I-129F petition was approved, since you said you filed it one year ago, then you are considered a multiple filer and will need to include a waiver with your petition. In this case you would fall under part b:

2. What filing limitations does IMBRA place on K-1 Non immigrant Petitioners?

You must apply for a filing limitations waiver if any of the following apply:

a. you have previously filed K-1 petitions for two or more beneficiaries; or

b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously approved petition.

For your second question, because of your domestic violence conviction, you need to request a mandatory waiver (Multiple Filers, Prior Criminal Convictions Resulting from Domestic Violence). It does not matter if your case was expunged, sealed, thrown out, whatever. You need to disclose all details of your conviction. From the instructions (top of page 3 of the I-129F instructions):

If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every conviction. You must do so even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

[LostRonin 22]

What if you requested a withdraw for the first k-1 before it was approved, would you still need a waiver for a second filing?

[RobertM54 36]

What if you requested a withdraw for the first k-1 before it was approved, would you still need a waiver for a second filing?

You should be fine.See my response here.

http://www.visajourney.com/forums/topic/599386-129f-waiver-requirements/

[TBoneTX 46,379]

Because there are newer threads on the topic, this thread from 2014 is now closed.