K1 Visas & Waivers

[Carpe Vinum 2,310]

21 hours ago, missileman said:

Good luck on this journey.  Hope it goes smoothly.....We don't judge here on VJ......

At least most of us don't))) Don't worry about the multiple filer waiver requirements. Just follow payxibka's advice and you should be fine. Good luck!

[Dataunavailable 82]

5 hours ago, geowrian said:

It does for an I-129F if fort a fiance/fiancee if the previous petition was filed within the past 2 years (not exactly the same set of circumstances described by the OP, but presumably still fits):

https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

 

What does someone do who didn't request a waiver? We resubmitted a new I-129f after a denial in March. But, everything I've read about this question is that it does not require a waiver, as it was an approval at USCIS, but it is for the same beneficiary. If it was within two years after an approval for a different beneficiary,  it would require a waiver. 

 

That's what I've read about it. 

[Villanelle 4,121]

31 minutes ago, Dataunavailable said:

What does someone do who didn't request a waiver? We resubmitted a new I-129f after a denial in March. But, everything I've read about this question is that it does not require a waiver, as it was an approval at USCIS, but it is for the same beneficiary. If it was within two years after an approval for a different beneficiary,  it would require a waiver. 

 

That's what I've read about it. 

It's called ' multiple filing waiver' but it's not like the typical waiver for USCIS. All that is needed is one or two sentences explaining why you have multiple filings. The Officer needs this paperwork for the case file. It's not a big deal like other waiver processes that take months and need complex packets. 

 

Probably at some point someone will get to your file and RFE you for it if they need it. 

[payxibka 10,044]

42 minutes ago, Dataunavailable said:

What does someone do who didn't request a waiver? We resubmitted a new I-129f after a denial in March. But, everything I've read about this question is that it does not require a waiver, as it was an approval at USCIS, but it is for the same beneficiary. If it was within two years after an approval for a different beneficiary,  it would require a waiver. 

 

That's what I've read about it. 

Read the instructions carefully and interpret literally.   The within two year multiple filing is silent to the beneficiary issue unlike the other type 

[geowrian 22,335]

3 hours ago, Dataunavailable said:

What does someone do who didn't request a waiver? We resubmitted a new I-129f after a denial in March. But, everything I've read about this question is that it does not require a waiver, as it was an approval at USCIS, but it is for the same beneficiary. If it was within two years after an approval for a different beneficiary,  it would require a waiver. 

 

That's what I've read about it. 

As others noted, the waiver is needed even for the same beneficiary. Nothing in the instructions includes an exception for the same beneifciary.

Expect an RFE for the waiver. The waiver is just a short letter requesting the waiver and explaining why you have multiple filings. They are regularly approved...it's a documentation thing more than anything IMO.

[msrodriguez 267]

On 9/5/2019 at 9:25 AM, Nitas_man said:

What are you waiving?

Because filing twice for the same person does not require a waiver.

What exactly did the denial slip say and why was the case denied?

Multiple filings waiver because technically we already had one approved petition within the two year time frame. He went to the interview alone. We got a 221(g) request for more evidence. Sent the evidence in but the officer chose to let the petition expire instead of renewing it. They told him to come back to the embassy. When he went they gave him a paper stating that our petition had expired and therefore we were denied. I had already been in contact with my Congressman's office because we were in AP forever. I asked my contact to find out more information if possible. The embassy responded to her and told her that our relationship was found to be for the purpose of immigration and I would have to file a new petition. 

[payxibka 10,044]

1 minute ago, msrodriguez said:

Multiple filings waiver because technically we already had one approved petition within the two year time frame. He went to the interview alone. We got a 221(g) request for more evidence. Sent the evidence in but the officer chose to let the petition expire instead of renewing it. They told him to come back to the embassy. When he went they gave him a paper stating that our petition had expired and therefore we were denied. I had already been in contact with my Congressman's office because we were in AP forever. I asked my contact to find out more information if possible. The embassy responded to her and told her that our relationship was found to be for the purpose of immigration and I would have to file a new petition. 

Most people in this situation opt for the marriage route rather than a second k1

[msrodriguez 267]

I guess I'd rather just include the waiver in case it is necessary. If it's not needed that's fine. I included our 221g, denial letter from the embassy stating that our petition had expired and the email from the woman at my congressman's office. 

[msrodriguez 267]

Just now, payxibka said:

Most people in this situation opt for the marriage route rather than a second k1

Yes. We discussed our options extensively. We feel it is very important for him to be able to meet my family and friends as well as see the US before we get married. It will not change our outlook on marriage, but we are both Latin and family is VERY important to both of us. 

[msrodriguez 267]

After our interview (and receiving the 221g) we kind of panicked a bit. We sent our entire packet back to the embassy a few hours after the interview. We submitted more than necessary and did not include their preferred cover sheet among a few other errors. I think perhaps the officer was less than impressed and didn't want to deal with going through everything to find the info they requested? Hence, letting it just expire. 

Edited September 6, 2019 by msrodriguez

[msrodriguez 267]

The other part of this is that we did not provide every document that the officer requested from us on the 221G. She asked us for joint bank account statements which obviously we could not provide under the K1. 

[RobCAVA 1]

On 9/6/2019 at 11:51 AM, msrodriguez said:

After our interview (and receiving the 221g) we kind of panicked a bit. We sent our entire packet back to the embassy a few hours after the interview. We submitted more than necessary and did not include their preferred cover sheet among a few other errors. I think perhaps the officer was less than impressed and didn't want to deal with going through everything to find the info they requested? Hence, letting it just expire. 

In the process of doing this myself... but quick question. When you submitted evedince with the 221g, where did you send it? They are requesting that we bring it to the Mail Box etc. Store where I requested it to be delivered. Also, they returned the passports to us, so will we be sending the physical passports back during this process? or only copies? thanks for any information you can help with. 

[SalishSea 16,770]

4 hours ago, RobCAVA said:

In the process of doing this myself... but quick question. When you submitted evedince with the 221g, where did you send it? They are requesting that we bring it to the Mail Box etc. Store where I requested it to be delivered. Also, they returned the passports to us, so will we be sending the physical passports back during this process? or only copies? thanks for any information you can help with. 

Send the documents in whichever way your specific consulate has requested them.  Wait on the passports until the consulate notifies you that they are ready for you to send them.

[msrodriguez 267]

4 hours ago, RobCAVA said:

In the process of doing this myself... but quick question. When you submitted evedince with the 221g, where did you send it? They are requesting that we bring it to the Mail Box etc. Store where I requested it to be delivered. Also, they returned the passports to us, so will we be sending the physical passports back during this process? or only copies? thanks for any information you can help with. 

Send the evidence to the embassy via Mailboxes Etc. FYI! You have one year to provide whatever they are asking for. Take your time and make sure it is correct! Also, on the US Travel Docs site, there is a section that will tell you how to correctly package your documents for the 221G. There is a cover letter that they say should be used when sending the paperwork in. You’ll find the cover letter form on the same page of the website. 
 

Did they tell you to return the passports with the evidence? If so, send the actual passport of the beneficiary. The visa itself will go on a page of the passport.

 

[msrodriguez 267]

@RobCAVA   http://www.ustraveldocs.com/do/do-niv-documentsubmissioninfo.asp