Got my RFE letter today

[Commish10 427]

I had a K1 visa approved in October 2016. The relationship did not work out so there was no interview. May 2017, I sent a letter to the USCIS requesting that the case be closed.

 

Fast Forward- I filed another K1 in May 2018. I requested a waiver and sent evidence and tracking of the letter I sent in May 2017. Got an RFE today dated 11/2/2018.- Says I did send a letter requesting the waiver however, I did not state all my 129F filings and mention the one I filed in 2002 for my now ex-wife of 5 years. So I must file a waiver and explain why it would be appropriate in my circumstance.

 

Says i should get evidence including but not limited to Court records related to my divorce (which I sent). Notarized affidavits etc.

 

So what do they want from me? Another waiver request but this time indicating my ex-wifes case number as well and another copy of the divorce papers? Please help.

[payxibka 10,044]

48 minutes ago, Commish10 said:

I had a K1 visa approved in October 2016. The relationship did not work out so there was no interview. May 2017, I sent a letter to the USCIS requesting that the case be closed.

 

Fast Forward- I filed another K1 in May 2018. I requested a waiver and sent evidence and tracking of the letter I sent in May 2017. Got an RFE today dated 11/2/2018.- Says I did send a letter requesting the waiver however, I did not state all my 129F filings and mention the one I filed in 2002 for my now ex-wife of 5 years. So I must file a waiver and explain why it would be appropriate in my circumstance.

 

Says i should get evidence including but not limited to Court records related to my divorce (which I sent). Notarized affidavits etc.

 

So what do they want from me? Another waiver request but this time indicating my ex-wifes case number as well and another copy of the divorce papers? Please help.

What did you request in the waiver?  A second petition within two years?  If so you also need to request a waiver because it is your third.  Your waiver request may have been incomplete

[Commish10 427]

yes first in 2002 was a k3. Then in October 2006- Did not work out. This one in May 2018.  I requested the waiver for the 2 year rule. Why they care about 2002?

[britishandusa 446]

3 minutes ago, Commish10 said:

yes first in 2002 was a k3. Then in October 2006- Did not work out. This one in May 2018.  I requested the waiver for the 2 year rule. Why they care about 2002?

Did you include the 2002 K3 in this new I-129F? It does ask for ALL previous petitions you have filed before, regardless of how long it has been.

[Commish10 427]

I did not. For some reason my brain equated that to Fiance visa so I did not include. Should I write another waiver letter and make mention of the 2002 case with circumstances and just submit another copy of divorce papers?

[britishandusa 446]

6 minutes ago, Commish10 said:

I did not. For some reason my brain equated that to Fiance visa so I did not include. Should I write another waiver letter and make mention of the 2002 case with circumstances and just submit another copy of divorce papers?

It's probably best to do that. I can't comment on the waiver because I'm not sure but I would include the old case number if you can find it, divorce documents, letter stating reasons why you didn't include it. I would also try to reach a Tier 2 officer for clarification tomorrow.

 

 

[Commish10 427]

Thanks. They actually provided the information about the 2002 case in the letter.  I’m am going to have write another waiver letter and have a local immigration attorney take a look at it for $50. 

[payxibka 10,044]

58 minutes ago, Commish10 said:

Thanks. They actually provided the information about the 2002 case in the letter.  I’m am going to have write another waiver letter and have a local immigration attorney take a look at it for $50. 

K-3 is not affected by the multiple filings rule due to the underlying I130.  Its possible your petition was simply incomplete because you failed to simply disclose that petition 

[Diane and Chris 651]

5 hours ago, Commish10 said:

Thanks. They actually provided the information about the 2002 case in the letter.  I’m am going to have write another waiver letter and have a local immigration attorney take a look at it for $50. 

Not bad for an attorney’s fees!  Good luck. 

[Commish10 427]

So here is what I am looking to send. Please, any suggestions, comments are requested

Updated Waiver for RFE_redacted.pdf

[Catherine6 118]

1 hour ago, Commish10 said:

So here is what I am looking to send. Please, any suggestions, comments are requested

Updated Waiver for RFE_redacted.pdf

Hi,

 

To my inexperienced eyes, it looks very well written and sufficiently explained with enough included documentation to support the request.  Grammatically, remove the 's from form's.

 

 

Best wishes,

 

Catherine.

Edited November 9, 2018 by Catherine6

[payxibka 10,044]

The only other item I would consider adding is that you do not fit the profile of a chronic filer which is also a component of the rule

[Calicolom 265]

2 hours ago, payxibka said:

The only other item I would consider adding is that you do not fit the profile of a chronic filer which is also a component of the rule

?