Multiple filer

[wrm14 0]

I would be grateful for any responses concerning multiple filing. I've read through the instructions for multiple filers but in my case I am a bit confused. This will be my third attempt at filing for a K-1. The first one was approved but unfortunately, that one ended in divorce after 4 years. I filed a second K-1 but realizing afterwards that it was not going to work, wrote to USCIS to cancel my petition before a decision was made. I finally found the one I should have met a long time ago but now I am concerned since this will be my third filing. My confusion stems from the fact that everything I keep reading about multiple filing involves IMBRA. Although I had filed twice previously, both were not through IMB's. During the first petition, I actually met my future wife through a mutual friend who introdcued us so there was no IMB involved. The second filing, I did meet through an IMB and this third one, I met through eHarmony (is this considered an IMB?). None of the questions or requests for evidence as written in the instructions really seems to pertain to me other than the fact that this is my third filing. I had one petition approved, and a second that was filed but withdrawn before an official decision was made. Stressed out over this! Any thoughts? Thanks!

[Girl from Celebes 588]

I think you should be just fine. You have had one long time ago, the second one was never approved, and the third one as I believe would be the second one. If you filed multiple petitions within 2 years then you need a waiver for that. But since the first one was long time ago then you don't need a waiver to overcome it.

[Girl from Celebes 588]

I have read before that if it is involved fees to join the dating site it means fall into category of IMBRA. Have you paid a fee to contact her?

[wrm14 0]

I think you should be just fine. You have had one long time ago, the second one was never approved, and the third one as I believe would be the second one. If you filed multiple petitions within 2 years then you need a waiver for that. But since the first one was long time ago then you don't need a waiver to overcome it.

Would you feel it would be necessary or advisable to include a waiver request with my application?

[Girl from Celebes 588]

Would you feel it would be necessary or advisable to include a waiver request with my application?

I don't think it is really necessary unless you wanted to be safe to avoid request for evidence (RFE) in case some adjudicators at USCIS seeing your past multiple filings fall into an IMBRA.

[Al422 221]

If this is your third or more, you need the waiver. The request for the waiver is just a letter showing that your first and second were for genuine relationships and simply flopped out of no fault of your own, and that this one is also genuine.

You need the waiver even if the first or second did not come from a fee based website and were more than 2 years ago.

That is what I did on my third, and it flew just fine. I am married to her now. The first and second dumped me over my objection, and I explained all of that in my letter.

If you want, post the draft of your letter here (please remove all names to ensure privacy) so we can comment on it.

Edited August 20, 2014 by Al422

[Zedayn 485]

The multiple filing limitations set forth in the IMBRA have nothing to do with using a marriage broker. They have to do with multiple filings of fiancé petitions. In your case, this is your 3rd time filing a fiancé petition and therefore you are required to submit a waiver request. From the I-129F instructions:

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.

It doesn't matter if your previous petitions were approved, cancelled, withdrawn, etc. The fact is that you filed them.

I also had to include a waiver request with my petition. You can find a sample of it here: http://www.visajourney.com/forums/topic/509146-waiver-for-multiple-fiance-filings/?p=7177435

[wrm14 0]

Thanks everyone for your help and comments! I am going to go ahead and write the waiver request letter and keep my fingers crossed. I will be submitting a copy of my divorce decree from the first filing and for the second application that was withdrawn, I will submit a copy of the notarized letter I sent to USCIS asking them to withdraw my petition, as well as a screen copy from USCIS's website showing they acknowledged my petition withdrawl. They said they sent a notice in the mail but I do not believe I ever received one.

[KayDeeCee 4,891]

~ Moved from K-1 Process IMBRA Special Topics - topic about IMBRA waiver ~

[Al422 221]

Actually a filing only counts when the Notice of Approval, the NOA2, hits. If you stopped the second one before the NOA2 hit, it does not count, such that your current one is actually #2. I did not see that part when I wrote my earlier post.

You can find out on the USCIS website if you stopped #2 in time to prevent the NOA2.

Edited August 23, 2014 by Al422

[praisejourney 25]

Diamond what a relief!!! That is good to know that a cancelled K1.  I have a cancelled one in 2001 before NOA2.  And had another one that was approved  in 2003 and was married for 13 years and it ended in divorce.  My attorney told me not to worry about the waiver but was so nervous because everyone was saying I needed one! Great information. I can breathe easy now.  

 

 

[TBoneTX 43,043]

Thread from 2014 is now closed to further comment.