filing 2nd K-1 visa for the same fiance

[redbloodsugar87 1]

Hello everyone! Hoping anyone can help me. I filed for a K-1 visa in 2014 and was approved but due to unfortunate circumstances, we broke up and visa was not used. I am trying to petition him again and he lost his passport due to house fire and does not know his alien number. in the I-129F application, question #14 asks if I have ever filed for this type of visa and if my answer is YES, then I have to provide an alien number. Should I proceed as if this is my first time?

Pls help!

Thank you.

[Merrytooth 5,748]

There should be an Alien Number on your preivous I-129F NOA2

Edited June 1, 2016 by Merrytooth

[Merrytooth 5,748]

Depending on the timing of your previous I-129F petition (2014),

You may require to request a waiver to file for another K1 visa within 2 years.

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 to you:

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

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

If either of these statements is true, you must submit a written request for a waiver with your petition. Refer to the filing instructions for further details regarding the waivers.

[arken 4,197]

Try to find the number from previous notices. Even if you could not find A number for your previous petition, you should not proceed as if it's your first petition. Leave the A number blank and fill in other info of the previous petition.

[Eliza_love 18]

File the case and say that you have filed for this person before. It is not a problem if you do it again, just explain on the separate sheet of paper the circumstances of your breaking up and why you decided to get back together. Put his name and alien number, you will save USCIS time to investigate who you are.

[redbloodsugar87 1]

Try to find the number from previous notices. Even if you could not find A number for your previous petition, you should not proceed as if it's your first petition. Leave the A number blank and fill in other info of the previous petition.

Thanks for the tip! I looked through my files and found his alien number! Now, do I need to provide another sheet to explain why the visa was not used?

File the case and say that you have filed for this person before. It is not a problem if you do it again, just explain on the separate sheet of paper the circumstances of your breaking up and why you decided to get back together. Put his name and alien number, you will save USCIS time to investigate who you are.

Thank you for your advise!

Depending on the timing of your previous I-129F petition (2014),

You may require to request a waiver to file for another K1 visa within 2 years.

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 to you:

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

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

If either of these statements is true, you must submit a written request for a waiver with your petition. Refer to the filing instructions for further details regarding the waivers.

My petition was approved July 25, 2014. Should I wait a little more to avoid needing a waiver?

[Merrytooth 5,748]

My petition was approved July 25, 2014. Should I wait a little more to avoid needing a waiver?

I am not sure if the wordings "You previously had a K-1 petition approved, and less than two years have passed since the filing date of that petition" means the first I-129F NOA1 (filing date of the petition, accepted by USCIS) or approval date (NOA2).

To be on the safe side and if time is not an issue, I will wait a little a longer to file the next I-129F to avoid the waiver.

(my own opinion, but other VJers with personal experiences on this may chipped in).

You might face extra scrutiny on why both of you did not go through with first K1 visa.

Be proactive to include a statement explaining the situation and supply any supporting evidence to prove your ongoing relationship.

You probably would have no problem getting the second petition approved considering it is for the same person.

[Anitafeliz 1,133]

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

Theres a letter on here

[redbloodsugar87 1]

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

Theres a letter on here

Thanks!!! I appreciate all your help!!!!