Will I need a Multiple Filer Waiver Request? (2nd k1 petition since 2008)

[chris_ks 6]

I am unsure if the Multiple Filer Waiver Request applies to my situation. I petitioned someone in 2008 using the k1 visa and was approved, we were married in 2009 until that marriage ended in divorce in 2016. I am currently engaged and want to petition my fiancee using the k1 visa. The current wording on the Style Sheet Instructions for I-129f state:

"Item Numbers 5.a. - 5.d. Multiple Filer Waiver Request. You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if: 1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries;"

The way I am interpreting this is if you have already filed twice and my current petition would be a third but I would like to get some clarification.  Does anyone have any personal experience with this recently or can possibly shed some light on it for me?

 

Edited August 8, 2018 by chris_ks
Typo

[GreatDane 366]

3 minutes ago, chris_ks said:

I am unsure if the Multiple Filer Waiver Request applies to my situation. I petitioned someone in 2008 using the k1 visa and was approved, we were married in 2009 until that marriage ended in divorce in 2016. I am currently engaged and want to petition my fiancee using the k1 visa. The current wording on the Style Sheet Instructions for I-129f state:

"Item Numbers 5.a. - 5.d. Multiple Filer Waiver Request. You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if: 1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries;"

The way I am interpreting this is if you have already filed twice and my current petition would be a third but I would like to get some clarification.  Does anyone have any personal experience with this recently or possibly can some light on it for me?

  

Yes - this is only if you've filed two applications previously. If you've only been married once (sponsored once), you're good to go without the waiver.

[TNJ17 1,329]

How is that not clear? If you filed for two people or more you need a waiver, you only filed for one. Expect some level of scrutiny though. 

[chris_ks 6]

TNJ17 - I wanted to make sure I was understanding that question correctly and it seems I was. I was just concerned that this current petition could be included in the "two or more" part of the instructions. I would rather ask and get a few other opinions than make a mistake and cause problems. That's what we are here for, right? ☺️

[Love_Bug 95]

i believe you will need a waiver at some point - and here's why...

 

I petitioned my ex in 2016 for a K1 - his visa was never issued. 

my now fiance and I filed in 2017 - granted we are in the 2 year window and we needed to do a waiver - HOWEVER, after speaking with USCIS regarding our RFE that we received, they said ANY file that you had previously - regardless of the status AND if you had any petition in the 2 year window, they can prompt for the waiver at ANY point. So technically you might not need to waiver since your first petition was a long time ago, but they could still ask for one if they see fit just because you HAD a previous one before....

 

if that makes sense 😏

 

so in my opinion, prepare one 'just in case' they ask. Can't hurt...