how long do i have to wait to send in another petition?

[patricia11 0]

I , the us citizen, sponcered my fiance for a k-1 visa and it was revoked in october. Nothing has worked out for us and have decided maybe it just wasn't meant to be. Anyway my question is if i ever decide to do this again for another how long do i have to wait before i can send in another petition for somebody else? Dont have anybody in mind just curious. Our case is not close yet it just made it back to california service center. When would the date begin? When i sent out the petition in January of 2006? Or when the case gets close? Thanks

[joan/roger 0]

Dont give up, just file again. I dont know what happened why they revoked your petition but in our case my bf then filed the petition before we met in person thats why it was disapproved. So when you are sure you met all the requirements, just file again. Because if you waited for that petition or you appealed that petition, you will be waiting in vain. Its better to file again. In our case, it just took less than 4 months for USCIS to approve the 2nd petition we filed. And guess what, we didnt hear anything on the 1st one. Its still pending. But better yet, use a lawyer this time to be sure. Good luck!

I , the us citizen, sponcered my fiance for a k-1 visa and it was revoked in october. Nothing has worked out for us and have decided maybe it just wasn't meant to be. Anyway my question is if i ever decide to do this again for another how long do i have to wait before i can send in another petition for somebody else? Dont have anybody in mind just curious. Our case is not close yet it just made it back to california service center. When would the date begin? When i sent out the petition in January of 2006? Or when the case gets close? Thanks

[patricia11 0]

Dont give up, just file again. I dont know what happened why they revoked your petition but in our case my bf then filed the petition before we met in person thats why it was disapproved. So when you are sure you met all the requirements, just file again. Because if you waited for that petition or you appealed that petition, you will be waiting in vain. Its better to file again. In our case, it just took less than 4 months for USCIS to approve the 2nd petition we filed. And guess what, we didnt hear anything on the 1st one. Its still pending. But better yet, use a lawyer this time to be sure. Good luck!

I , the us citizen, sponcered my fiance for a k-1 visa and it was revoked in october. Nothing has worked out for us and have decided maybe it just wasn't meant to be. Anyway my question is if i ever decide to do this again for another how long do i have to wait before i can send in another petition for somebody else? Dont have anybody in mind just curious. Our case is not close yet it just made it back to california service center. When would the date begin? When i sent out the petition in January of 2006? Or when the case gets close? Thanks

I think you misunderstood my question. I wanted to know how long i have to wait before i can refile for another person all together. Its not working out between me and my fiance. Several things have happened against our efforts. The last one was i was in a major car accident before i was too go to his country and marry him. Thats just one thing of several. I decided maybe god doesnt want us together.

[LookyWhatIFound 38]

I , the us citizen, sponcered my fiance for a k-1 visa and it was revoked in october. Nothing has worked out for us and have decided maybe it just wasn't meant to be. Anyway my question is if i ever decide to do this again for another how long do i have to wait before i can send in another petition for somebody else? Dont have anybody in mind just curious. Our case is not close yet it just made it back to california service center. When would the date begin? When i sent out the petition in January of 2006? Or when the case gets close? Thanks

Sorry to hear it didn't work out. You actually can file whenever you wish, except if you file within 2 years of your last filing you must include an IMBRA Waiver request. IMBRA filing limitations also say that if you have previously filed 2 or more approved petitions you would also need to put in a waiver request. There is an IMBRA special topics forum here that you can check out.

I don't know much about when your case would close, but I suppose you could also request that they close the case.

Good luck!

[payxibka 10,044]

Sorry to hear it didn't work out. You actually can file whenever you wish, except if you file within 2 years of your last filing you must include an IMBRA Waiver request. IMBRA filing limitations also say that if you have previously filed 2 or more approved petitions you would also need to put in a waiver request. There is an IMBRA special topics forum here that you can check out.

I don't know much about when your case would close, but I suppose you could also request that they close the case.

Good luck!

How the USCIS is interpreting IMBRA may in fact be exactly what LookyWhatIFound said, but it is not what the law says.

The law says that if you have filed two or more petitions at any time (in you life) regardless of when (ie.. your third petition), you will need to request a waiver, However if you have filed a petition within the last two years and it was APPROVED, then you must also request a waiver.

None of these situations need result in a VISA approval or issuance but only requires either a filed petition or the approval of a petition (ie...I-129F)

Edited February 17, 2007 by fwaguy

[LookyWhatIFound 38]

Sorry to hear it didn't work out. You actually can file whenever you wish, except if you file within 2 years of your last filing you must include an IMBRA Waiver request. IMBRA filing limitations also say that if you have previously filed 2 or more approved petitions you would also need to put in a waiver request. There is an IMBRA special topics forum here that you can check out.

I don't know much about when your case would close, but I suppose you could also request that they close the case.

Good luck!

How the USCIS is interpreting IMBRA may in fact be exactly what LookyWhatIFound said, but it is not what the law says.

The law says that if you have filed two or more petitions at any time (in you life) regardless of when (ie.. your third petition), you will need to request a waiver, However if you have filed a petition within the last two years and it was APPROVED, then you must also request a waiver.

None of these situations need result in a VISA approval or issuance but only requires either a filed petition or the approval of a petition (ie...I-129F)

Yes I meant exactly what fwaguy said, but maybe I missed something?

[payxibka 10,044]

Sorry to hear it didn't work out. You actually can file whenever you wish, except if you file within 2 years of your last filing you must include an IMBRA Waiver request. IMBRA filing limitations also say that if you have previously filed 2 or more approved petitions you would also need to put in a waiver request. There is an IMBRA special topics forum here that you can check out.

I don't know much about when your case would close, but I suppose you could also request that they close the case.

Good luck!

How the USCIS is interpreting IMBRA may in fact be exactly what LookyWhatIFound said, but it is not what the law says.

The law says that if you have filed two or more petitions at any time (in you life) regardless of when (ie.. your third petition), you will need to request a waiver, However if you have filed a petition within the last two years and it was APPROVED, then you must also request a waiver.

None of these situations need result in a VISA approval or issuance but only requires either a filed petition or the approval of a petition (ie...I-129F)

Yes I meant exactly what fwaguy said, but maybe I missed something?

The only thing we said different was within the two year rule it is suppose to have resulted in an approved petition not simply a filed petition. Anecdotal evidence would indicate that the USCIS is adjudicating based on filed within two years regardless of approved status.

[LookyWhatIFound 38]

Sorry to hear it didn't work out. You actually can file whenever you wish, except if you file within 2 years of your last filing you must include an IMBRA Waiver request. IMBRA filing limitations also say that if you have previously filed 2 or more approved petitions you would also need to put in a waiver request. There is an IMBRA special topics forum here that you can check out.

I don't know much about when your case would close, but I suppose you could also request that they close the case.

Good luck!

How the USCIS is interpreting IMBRA may in fact be exactly what LookyWhatIFound said, but it is not what the law says.

The law says that if you have filed two or more petitions at any time (in you life) regardless of when (ie.. your third petition), you will need to request a waiver, However if you have filed a petition within the last two years and it was APPROVED, then you must also request a waiver.

None of these situations need result in a VISA approval or issuance but only requires either a filed petition or the approval of a petition (ie...I-129F)

Yes I meant exactly what fwaguy said, but maybe I missed something?

The only thing we said different was within the two year rule it is suppose to have resulted in an approved petition not simply a filed petition. Anecdotal evidence would indicate that the USCIS is adjudicating based on filed within two years regardless of approved status.

Ok I absolutely agree I just didn't say it right.