Second time around 129-f

[Ana y Leo 9]

Hi,

My name is Ana I applied for a 129f back in may of 2014 for my then fiancee and daugthers father Warnis. I had an interview on January 15 2015 where he was put in review pending a DNA test for my child. During this time while I was waiting for results we ended our relationship because he had a new very Pregnant girlfriend. Long story short he and I cancelled his process. Nothing was approved because all was cancelled prior to entry into the USA or the Dominican consulate approving his visa. Warnis ended up getting a visa through a his father and has since entered the USA and lives in Lynn MA.

I after all this ended up meeting my now Fiancee Felix I submitted a new 129f I have tons of evidence of our relationship. I am awaiting the NOA 2 responce but i am very nervous they may deny. I had bad luck with Warnis but I am thankful because I have now met Felix and he is even wanting to adopt Warnis dauther Hannah who he has never even tried to see.

Has anyone heard any similar cases and if so can you tell me the outcome.

[Georgia16 2,858]

You should be fine. I do think there is something with a waiver you had to file though (somebody else knows more about this)

[Ana y Leo 9]

When i called uscis and nvc they have no jurisdiction but say if no visa was given there should be no issues. But i wasnt aware of any Waiver.

Dominican consulate has the case as cancelled as well.

But I do hope all is well

[Georgia16 2,858]

When i called uscis and nvc they have no jurisdiction but say if no visa was given there should be no issues. But i wasnt aware of any Waiver.

Dominican consulate has the case as cancelled as well.

But I do hope all is well

I don't know if it's needed when he didn't get the visa or not but people are nice to answer so you'll know here shortly

I do wish you good luck on your visa journey though

[Ana y Leo 9]

Oh thank you, I wish you luck as well

[N and J 88]

It says right on the I-129f application if you have filed for a previous K1 visa with in the last 2 years or have 3 or more K1 visas you have to get a waiver. Good luck.

[N and J 88]

http://www.visajourney.com/forums/topic/229991-waiver-letter-for-2nd-k1-visa/

Hope this helps.

[N and J 88]

Reading further it seems maybe it's only for marriage brokers. I'm confused now ?

[Natalie~n~Richard 12]

I went through something similar but my ex did come to the US with the K1. I didn't complete AOS though and he is here illegally but thats not my problem. I just petitioned for my current husband and we were approved. Hardly no questions at all and he is here with me now happier than ever!

I also had a friend that had the SAME situation as yours happen to her. She did a K1 was placed on AP and they broke up. She is now happy and married to her current husband who she also petitioned for and was approved.

Needless to say you have nothing to worry about. If your current relationship is true than just focus on that because USCIS does not care about your past as long as you have been honest and communicate with them when.

Good Luck!

[Ana y Leo 9]

Load off my back hearing these two stories. I am so anxious waiting for the NOA-2 decesion.

Thank you sooo much and congrats on your happy union

[Ana y Leo 9]

Reading further it seems maybe it's only for marriage brokers. I'm confused now ?

Oh ok I will research ty for the info

I went through something similar but my ex did come to the US with the K1. I didn't complete AOS though and he is here illegally but thats not my problem. I just petitioned for my current husband and we were approved. Hardly no questions at all and he is here with me now happier than ever!

I also had a friend that had the SAME situation as yours happen to her. She did a K1 was placed on AP and they broke up. She is now happy and married to her current husband who she also petitioned for and was approved.

Needless to say you have nothing to worry about. If your current relationship is true than just focus on that because USCIS does not care about your past as long as you have been honest and communicate with them when.

Good Luck!

Thank you sooo much for the feed back...huge load off my back.

[KayDeeCee 4,903]

You had a previous I-129F petition approved within 2 years of this new submission. You should have included a waiver statement.

From the I-129F instructions > http://www.uscis.gov...i-129finstr.pdf

2. What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant 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.

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

[Ana y Leo 9]

Yeesh i missed that part didnt even read

Edited April 14, 2016 by Anakarina1980

[ALIENRJ187 43]

We were in this situation, but it was 3 years later for us and we didn't need a waiver. I was engaged with a girl who ended up lying to me throughout our relationship, which thankfully I found out about before she went to her K1 visa interview. Cancelled it all and was done with it in 2012. In 2015 I applied for a K1 with my then-fiance (now wife) so I didn't have to fill out a waiver. As long as you fill out a waiver and answered questions 14a-14h on the I-129F and provided proof of the result that you didn't marry (in my case I got a letter from the Embassy in the ex's country saying I officially withdrew that petition and I sent a copy of that as supplement for 14h), then you will be fine.

If you did not send a waiver they could send an RFE for the waiver which would stall your process, or it could slide through as well. Either way if you didn't prepare a waiver for the application, get one ready now just in case.

Edited April 15, 2016 by ALIENRJ187

[N and J 88]

Yeesh i missed that part didnt even read

As one other member stated...put one together now and if they send an RFE you are ready to go. Date it before you send it. You may not even need to. Good luck.