Do I need to file Multiple Filer Waiver Request?

[KBCN 53]

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!

[payxibka 10,045]

Look to the form instructions, your answer is there

[Carpe Vinum 2,327]

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!

[Going through 5,671]

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.

[KBCN 53]

 

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. 😕

[payxibka 10,045]

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.

[A.V 13]

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. 

[Carpe Vinum 2,327]

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. 

[millefleur 5,047]

**Hijack post removed. Please keep all questions to your original thread where you posted about your case.**

 

VJ Moderation

[eirinlinn 105]

On 2/26/2019 at 5:44 AM, 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!

Out of curiosity, since you received an RFE for "multiple filings" did that mean that you had to send in a multiple filer waiver? 

[Carpe Vinum 2,327]

On 1/18/2020 at 6:16 PM, eirinlinn said:

Out of curiosity, since you received an RFE for "multiple filings" did that mean that you had to send in a multiple filer waiver? 

I had only one k-1 filing before. it was 8 years prior. So, I didn't need a waiver and they sent the RFE in error. I sent them a tactfully worded letter telling them they made a mistake)  If you require a waiver you would just send them a letter requesting a waiver for multiple filings.

[Besamiot 35]

On 2/25/2019 at 4:35 PM, KBCN said:

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!

I dont think this would warrant a waiver. You filed the first one, you got married and ended in divorce. All you need to file is a divorce certificate showing you are no longer married and free to remarry. 

[TBoneTX 45,522]

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