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Starting a new I129F. What is a "Filing Limitations Waiver?"

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My fiancee was in the USA on a K1 visa and had to leave prior to our marriage due to urgent medical needs of her family back home in Malaysia. It was a miserably hard decision, but we had to make it. I contacted the Embassy in Malaysia, and they said (as I expected they would) that we need to file a new I-129 petition. In reading the instructions for the I-129, on page 2 of the instructions, item number 2 (What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?), item b speaks of previously having a K-1 petition approved and less than 2 years has passed since the filing date of such previously approved petition. That's us. We were approved, she had to go back, now we need to try for another. What exactly is this "waiver" they are speaking of? Is this something where I have to ask them to please allow me to file for another visa for the same fiancee, or otherwise they will say no? I was of course planning to attach a letter explaining what happened and include medical documentation to show why she had to leave.

I'm hoping to hear back from some senior level members who know exactly what this is.


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Just explain why you are filing another I-129F petition for her. Include documentation showing she needed to return for an emergency.

From the I-129F instructions >

'To request a waiver, submit a written request with this petition accompanied by documentation supporting your claim to the waiver.'

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

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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