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Chair_force1

2nd K1 question

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So long story short, the fiancée and I had an approved K1, it got as far as the embassy, but I cancelled it because she had major family health issues.  

 

If I cancelled the K1 at that time, am I still barred from applying again for a k1 for 2 years?  I’ve read the rules is 2 years following an approved K1?

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You can send in a multiple filer waiver. They may ask why the previous K-1 was cancelled, but otherwise it shouldn't be an issue.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, geowrian said:

You can send in a multiple filer waiver. They may ask why the previous K-1 was cancelled, but otherwise it shouldn't be an issue.

I still have the letter stated it was cancelled at the petitioners request.  Does that help.  I’m not currently planning a k1 for the same person but want to know in case I do.  Hope you understand 

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4 minutes ago, Chair_force1 said:

I still have the letter stated it was cancelled at the petitioners request.  Does that help.  I’m not currently planning a k1 for the same person but want to know in case I do.  Hope you understand 

Ah, okay. The letter is really just for your records...USCIS knows about it obviously.

 

If you file an I-129F for somebody else, there's no need for a waiver. If you have to file a 3rd I-129F, then you will need a waiver.

If you file an I-129F for the same person within 2 years, then you need a waiver.

 

I hope this clarifies the situation. See page 7 of thee I-129F instructions (https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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6 minutes ago, geowrian said:

Ah, okay. The letter is really just for your records...USCIS knows about it obviously.

 

If you file an I-129F for somebody else, there's no need for a waiver. If you have to file a 3rd I-129F, then you will need a waiver.

If you file an I-129F for the same person within 2 years, then you need a waiver.

 

I hope this clarifies the situation. See page 7 of thee I-129F instructions (https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf).

I’ve read that you can not have 2 approved k1 in a 2 year period.  Is mine considered approved since it actually got the embassy?

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9 minutes ago, Chair_force1 said:

I’ve read that you can not have 2 approved k1 in a 2 year period.  Is mine considered approved since it actually got the embassy?

There's no minimum time between when K-1s can be issued...just limits on the I-129F petition as noted above. If you have a reference to what you read, that may shed some light. The CO may wonder what happened if there's 2 fiancees being petitioned in a short period of time, but that's a bona fide relationship issue based on all information available.

 

Based on your timeline, the I-129F was approved in your case. You said it made it as far as the embassy, but that's not the end of the line. Did she interview and get approved? Was a K-1 issued and placed in her passport? If not, then only the I-129F was approved, not the K-1.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, geowrian said:

There's no minimum time between when K-1s can be issued...just limits on the I-129F petition as noted above. If you have a reference to what you read, that may shed some light. The CO may wonder what happened if there's 2 fiancees being petitioned in a short period of time, but that's a bona fide relationship issue based on all information available.

 

Based on your timeline, the I-129F was approved in your case. You said it made it as far as the embassy, but that's not the end of the line. Did she interview and get approved? Was a K-1 issued and placed in her passport? If not, then only the I-129F was approved, not the K-1.

No interviewed, I wrote a letter to Embassy, Fed ex it and they replied via email that it is cancelled per my request and they later followed it up with a written leffter

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6 minutes ago, geowrian said:

There's no minimum time between when K-1s can be issued...just limits on the I-129F petition as noted above. If you have a reference to what you read, that may shed some light. The CO may wonder what happened if there's 2 fiancees being petitioned in a short period of time, but that's a bona fide relationship issue based on all information available.

 

Based on your timeline, the I-129F was approved in your case. You said it made it as far as the embassy, but that's not the end of the line. Did she interview and get approved? Was a K-1 issued and placed in her passport? If not, then only the I-129F was approved, not the K-1.

This is what I read

When a petitioner has filed more than one K1 Fiance Visa petition before, he or she may have to seek a waiver for multiple filings. If you have previously filed a K1 Fiance Visa petition for two or more beneficiaries or you have had a K1Fiance Visa petition approved within the last 2 years, you must file for a waiver.

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17 minutes ago, Chair_force1 said:

No interviewed, I wrote a letter to Embassy, Fed ex it and they replied via email that it is cancelled per my request and they later followed it up with a written leffter

Okay, then the K-1 was not approved, only the I-129F.

 

13 minutes ago, Chair_force1 said:

This is what I read

When a petitioner has filed more than one K1 Fiance Visa petition before, he or she may have to seek a waiver for multiple filings. If you have previously filed a K1 Fiance Visa petition for two or more beneficiaries or you have had a K1Fiance Visa petition approved within the last 2 years, you must file for a waiver.

Correct, that matches exactly what I posted above (just using the correct terminology of I-129F instead of K-1, since the waiver is for the petition):

 

48 minutes ago, geowrian said:

If you file an I-129F for somebody else, there's no need for a waiver. If you have to file a 3rd I-129F, then you will need a waiver.

If you file an I-129F for the same person within 2 years, then you need a waiver.

 

I hope this clarifies the situation. See page 7 of thee I-129F instructions (https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf).

So no, you're not barred from filing again. You just need a waiver.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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15 minutes ago, geowrian said:

Okay, then the K-1 was not approved, only the I-129F.

 

Correct, that matches exactly what I posted above (just using the correct terminology of I-129F instead of K-1, since the waiver is for the petition):

 

So no, you're not barred from filing again. You just need a waiver.

Thanks for taking the time to answer my questions.  Does one file for a waiver at the time of new k1 petition?

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7 hours ago, Chair_force1 said:

Thanks for taking the time to answer my questions.  Does one file for a waiver at the time of new k1 petition?

Yes. The waiver is sent with the I-129F. The waiver is not a form you fill out..it's a letter you write, sign, date, and include with the I-129F.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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