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Bjh

i-129f part 3, question 5 - waivers?

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Hi everyone,

 

I'm a first-time never-married petitioner with no children who has a fiancee who is also a first-time beneficiary, never married and with no children. She is not my spouse yet. I selected "5d" for the Waiver of IMBRA filing limitations because I'm not a multiple filer, but under the i-129f instructions it says to select this option if you are filing for your spouse, which I'm not...so should I select 5d or just leave this blank for a K1 visa?

 

Thanks!

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Posted (edited)

You are not filing for your spouse and you are not a multiple filer. Therefore no waiver is required. This section does not apply to you so you can ignore it. Have you read the instructions that accompany the form? Asking this type of question suggests you haven’t and it’s possible you may have misunderstood other questions so please read the instructions thoroughly. 

Edited by JFH

 

 

 

 

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20 minutes ago, JFH said:

You are not filing for your spouse and you are not a multiple filer. Therefore no waiver is required. This section does not apply to you so you can ignore it. Have you read the instructions that accompany the form? Asking this type of question suggests you haven’t and it’s possible you may have misunderstood other questions so please read the instructions thoroughly. 

You don't ignore the section, you select 5d as it is not applicable


YMMV

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1 hour ago, Bjh said:

Hi everyone,

 

I'm a first-time never-married petitioner with no children who has a fiancee who is also a first-time beneficiary, never married and with no children. She is not my spouse yet. I selected "5d" for the Waiver of IMBRA filing limitations because I'm not a multiple filer, but under the i-129f instructions it says to select this option if you are filing for your spouse, which I'm not...so should I select 5d or just leave this blank for a K1 visa?

 

Thanks!

5d is a two part statement.  You check 5d if you are not a multiple filer OR if you are filing for your spouse.  


YMMV

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1 hour ago, Bjh said:

Hi everyone,

 

I'm a first-time never-married petitioner with no children who has a fiancee who is also a first-time beneficiary, never married and with no children. She is not my spouse yet. I selected "5d" for the Waiver of IMBRA filing limitations because I'm not a multiple filer, but under the i-129f instructions it says to select this option if you are filing for your spouse, which I'm not...so should I select 5d or just leave this blank for a K1 visa?

 

Thanks!

Have you thought about a CR-1 instead?  Sounds like it might be a better option in your case.  Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
   Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
   Spouse can not work until she/he receives EAD (approx 5-6 months)    
   Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
   Spouse will not receive Green Card for many months after Adjustment of Status is filed.    


CR-1
   Slightly slower arrival in the US (currently about 3 months later)

   Less expensive than K-1    
   No Adjustment of Status(I-485, I-131, I-765) required.    
   Spouse can immediately travel outside the US    
   Spouse is authorized to work immediately upon arrival.    
   Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
   Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

   Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   


 


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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1 hour ago, payxibka said:

You don't ignore the section, you select 5d as it is not applicable

Badly worded by me....sorry. I meant he can ignore any mention of waivers because one is not needed. Check the box "not applicable" and move on. 


 

 

 

 

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