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Do I need to file Multiple Filer Waiver Request?

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Hello!

 

This would be my second I-129F filing. My first filing was in February 2017 and the application was approved in September 2017. This relationship ended in divorce last year (2018). I'm now wondering if anyone knows if I have to file the Waiver Request for Multiple Filer. The instructions that apply to my situations state:

 

2) You are filing this petition on behalf of your fiance, you have previously had a Form I-129F approved, and less than two years have passed since the FILING DATE of your previously approved petition.

 

Does anyone know if the Filing Date is in reference to when the I-129F was originally filed or when the application was approved? Basically, if it's when I filed, it's now past the 2 year mark, however, if it's based off the approval date, it's still within the 2 year timeframe. 

 

A part of me wants to include the Waiver Request to be able to explain the situation, but also knowing the USCIS, over-information isn't necessarily a good thing as they tend to care about more about clear facts/information and not "detailed stories."

 

Any insight, guidance, thoughts are appreciated. Thank you in advance!

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2) You are filing this petition on behalf of your fiance, you have previously had a Form I-129F approved, and less than two years have passed since the FILING DATE of your previously approved petition.

 

If you file after two years from your previous filing date no waiver is required. But, I got an RFE for multiple filings even though I had only filed one K-1 previously in 2010. ☹️ No comment...Good Luck!


Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

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14 hours ago, KBCN said:

2) You are filing this petition on behalf of your fiance, you have previously had a Form I-129F approved, and less than two years have passed since the FILING DATE of your previously approved petition.

 

Does anyone know if the Filing Date is in reference to when the I-129F was originally filed or when the application was approved? Basically, if it's when I filed, it's now past the 2 year mark, however, if it's based off the approval date, it's still within the 2 year timeframe. 

It says it right there in what you quoted and capitalized from the instructions.  The filing date.


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Thank you all for your quick responses! I feel like I'm interpreting the instructions correctly, just everything I read and researched online (i.e. lawyer websites, etc.) on this topic were vague and often mentioned: "two years from the approved application." Also, I've tried to do the "free" legal sites, but those sites have either come back asking to pay for their service like Just Answer or have sent me an email response that no one can answer the question at this time. 

 

 

I guess my best bet is just to move forward and file without the waiver, and deal with an RFE if it happens. 😕

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Just now, KBCN said:

 

Thank you all for your quick responses! I feel like I'm interpreting the instructions correctly, just everything I read and researched online (i.e. lawyer websites, etc.) on this topic were vague and often mentioned: "two years from the approved application." Also, I've tried to do the "free" legal sites, but those sites have either come back asking to pay for their service like Just Answer or have sent me an email response that no one can answer the question at this time. 

 

 

I guess my best bet is just to move forward and file without the waiver, and deal with an RFE if it happens. 😕

The confusion is that when imbra first came out there was a uscis memo that referenced approval date contrary to the law.  The uscis has had 10+ years to get it right and the instructions now plainly say filing date.


YMMV

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On 2/26/2019 at 2:44 PM, boris64 said:

2) You are filing this petition on behalf of your fiance, you have previously had a Form I-129F approved, and less than two years have passed since the FILING DATE of your previously approved petition.

 

If you file after two years from your previous filing date no waiver is required. But, I got an RFE for multiple filings even though I had only filed one K-1 previously in 2010. ☹️ No comment...Good Luck!

Hi! I hope you don’t mind me asking what was your RFE about? Did they want you to explain what happened to the first fiancée? 

We have similar situation, my fiancé previously filed a k1 in 2015. They never got married and she just got back home within 90 days.. but I feel we had to include some kind of explanation and we didn’t so I’m a little worried. 

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49 minutes ago, A.V said:

Hi! I hope you don’t mind me asking what was your RFE about? Did they want you to explain what happened to the first fiancée? 

We have similar situation, my fiancé previously filed a k1 in 2015. They never got married and she just got back home within 90 days.. but I feel we had to include some kind of explanation and we didn’t so I’m a little worried. 

Your situation does not require a waiver for multiple filings either. There was a spot on the 129F where you had to list previous petitions. That is all that is required. Kiev is a relatively easy embassy (my previous K1 2010). They may ask about it at the interview. Just be honest and you will be fine. We were not asked about it at the interview in Manila. 


Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

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