Do you have to submit a waiver request if I am petitioning for the same fiancé again?

[wrestling289 7]

Hello everyone,

I have read conflicting opinions on whether I must submit a general waiver request if I am filing again for the same fiancé. We were approved once before, and we needed more time, so I am filing again.

Here are the circumstances
- My last petition was less than 2 years ago
- I am petitioning for the same fiancé

What kind of evidence am I supposed to submit for simply needing more time/personal reasons? (The suggestions are death certificates, news articles, police reports, etc.)

None of these suggestions apply to our situation. Thanks for any advice.

[Hypnos 6,576]

You will require a waiver since it's been less than two years since you had a previous I-129F approved, even if it's the same beneficiary.

It should be a simple matter though. There is no special form, you just submit a written statement (with supporting documents, if applicable) stating why you are filing again so soon. In this case, stating that it's the same beneficiary and that you didn't feel you were both ready before but do now would probably make this quite straightforward to obtain.

Edited October 2, 2016 by Hypnos

[wrestling289 7]

Thanks Hypnos. I was not sure If I was supposed to go into personal detail on why we needed more time. I assume short and sweet is always better in most cases, but I don't know how that would effect our petition.

[MeAlone 158]

I filed 2nd time for the same person, I did write the apology letter waiver briefly explaining why we didn't make it the 1st time, we were approved in the 1st time fast and in the 2nd one even faster, waiting for interview now also know about 1 case, there it was no explanation letter waiver sent and that person got RFE asking for it

Tasha

[KayDeeCee 4,891]

The I-129F instructions are not conflicting on this, so follow them and not opinions.

From the I-129F instructions>

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.

~Moved from K-1 Process to IMBRA Special Topics ~

[wrestling289 7]

Thanks KayDeeCee