Jump to content
Sign in to follow this  

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

6 posts in this topic

Recommended Posts

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.

Share this post

Link to post
Share on other sites

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 by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card



Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post

Link to post
Share on other sites

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


Share this post

Link to post
Share on other sites
Filed: Country: Mexico

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 ~

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

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...