I-129F General Waiver for Multiple Filing Evidence (merged topics)

[praisejourney 25]

I just received an RFE for multiple filings. I told my attorney they need to file this at the beginning and they refused saying it is not necessary. But as a result now, I have an RFE I have take care of.  I previously had a cancelled visa some 14 years ago and then married my ex-wife on a K1 visa a year after the cancellation.  I was happily married over 13 years and had two children but later divorced. The attorney is insisting on me having copies of the previously filed petition I-129F's before he will help me. He claims that these are required to be send with the petition. Is this true? If so, why isn't it in the instructions.  I am so confused as I tried getting copies and NVC wrote me back saying a copy did not exist.

 

============================RFE EVIDENCE NEEDED==============================================

 

• Court records relating to your divorce and/or separation  -  (This I have already sent in but will send a certified copy)
• Personal letters outlining the details of your separation - (Is this a letter from me or a witness??? Is there a template I could use as a guide?)
• Notarized affidavits of relatives, friends, neighbors, or other knowledgeable associates.  (What is the affidavits for? Is there a template I can use as a guide?)

 

==============================================================================================

 

************************************LETTER FROM ATTORNEY********************************************************

 

Reference is made regarding your previous application for Fiancée Visa(s) please note:
1)      In accordance with the USCIS requirements you must now fully identify your two previous petitions for Fiancée Visa since you’re previously filed two separate application you must now substantiate, validate and further clarify that you had in fact cancelled one of the applications (Petition) form I-129F.

2)      To the best of our recollection we previously discussed this matter and in fact you indicated that you did received identifying the cancellation of form I-129F from the USCIS.

3)      Our understanding that:
       You previously cancelled the form I-129F; henceforth, you must now firstly give evidence regarding the reason for the cancelation.
       In addition, you must also provide significant reasons/evidence identifying legal reasons for such cancellation.
       Additionally, you should give a copy of the result from the USCIS identifying such cancellation of the form I-129F.
4)      Since you previously divorced your first wife a copy of your divorce judgment will be required.
5)      In regards to cancellation of form I-129F you should also have witnesses stating our collaborating with you the reasons for cancellation form I-129F.

Finally, our office will prepare a personal Affidavit in your behalf after all evidence has been submitted to our office. Should you have questions and concerns please let us know.
****************************************************************************************************************

 

Is my attorney giving me sound advice or should I seek help elsewhere?  Is there any attorney's or someone that can help me sort this out. My attorney is basically giving me no hope at all. Is there any hope left with our case?  What is my attorney talking about? You have to provide evidence of your cancellation? What does that mean?

 

Any I am so scared now and don't know what to do and desperately need help.

 

 

[payxibka 10,044]

8 minutes ago, praisejourney said:

I just received an RFE for multiple filings. I told my attorney they need to file this at the beginning and they refused saying it is not necessary. But as a result now, I have an RFE I have take care of.  I previously had a cancelled visa some 14 years ago and then married my ex-wife on a K1 visa a year after the cancellation.  I was happily married over 13 years and had two children but later divorced. The attorney is insisting on me having copies of the previously filed petition I-129F's before he will help me. He claims that these are required to be send with the petition. Is this true? If so, why isn't it in the instructions.  I am so confused as I tried getting copies and NVC wrote me back saying a copy did not exist.

 

============================RFE EVIDENCE NEEDED==============================================

 

• Court records relating to your divorce and/or separation  -  (This I have already sent in but will send a certified copy)
• Personal letters outlining the details of your separation - (Is this a letter from me or a witness??? Is there a template I could use as a guide?)
• Notarized affidavits of relatives, friends, neighbors, or other knowledgeable associates.  (What is the affidavits for? Is there a template I can use as a guide?)

 

==============================================================================================

 

************************************LETTER FROM ATTORNEY********************************************************

 

Reference is made regarding your previous application for Fiancée Visa(s) please note:
1)      In accordance with the USCIS requirements you must now fully identify your two previous petitions for Fiancée Visa since you’re previously filed two separate application you must now substantiate, validate and further clarify that you had in fact cancelled one of the applications (Petition) form I-129F.

2)      To the best of our recollection we previously discussed this matter and in fact you indicated that you did received identifying the cancellation of form I-129F from the USCIS.

3)      Our understanding that:
       You previously cancelled the form I-129F; henceforth, you must now firstly give evidence regarding the reason for the cancelation.
       In addition, you must also provide significant reasons/evidence identifying legal reasons for such cancellation.
       Additionally, you should give a copy of the result from the USCIS identifying such cancellation of the form I-129F.
4)      Since you previously divorced your first wife a copy of your divorce judgment will be required.
5)      In regards to cancellation of form I-129F you should also have witnesses stating our collaborating with you the reasons for cancellation form I-129F.

Finally, our office will prepare a personal Affidavit in your behalf after all evidence has been submitted to our office. Should you have questions and concerns please let us know.
****************************************************************************************************************

 

Is my attorney giving me sound advice or should I seek help elsewhere?  Is there any attorney's or someone that can help me sort this out. My attorney is basically giving me no hope at all. Is there any hope left with our case?  What is my attorney talking about? You have to provide evidence of your cancellation? What does that mean?

 

Any I am so scared now and don't know what to do and desperately need help.

 

 

Many of the points they are bringing up are valid,  however,  the level of documentation is far in excess of what I did. 

[praisejourney 25]

YMMV,

 

Did you have to provide previous copies of I-129F's that you had filed. Where does the law state that this is required?  Also, what documentation did you provide in your response?  Did you get affidavits from friends and family? Thanks!

Edited October 22, 2019 by praisejourney

[payxibka 10,044]

51 minutes ago, praisejourney said:

YMMV,

 

Did you have to provide previous copies of I-129F's that you had filed. Where does the law state that this is required?  Also, what documentation did you provide in your response?  Did you get affidavits from friends and family? Thanks!

I did a one page affidavit that explained the history of the two prior petitions.   The entire affidavit was 4 paragraphs.   I attached no additional evidence other than what was required for the petition itself 

[praisejourney 25]

Was the affidavit signed by you or a family member?  Thank you so much!

Edited October 22, 2019 by praisejourney

[payxibka 10,044]

56 minutes ago, praisejourney said:

Was the affidavit signed by you or a family member?  Thank you so much!

My written statement (loosely defined as an affidavit), written by me,  signed by me. 

[praisejourney 25]

Awesome! Thank you so much!

[praisejourney 25]

I need help. I received an RFE for next a General Waiver for Multiple Filings (No Criminal Record). The RFE is asking for personal letters about the separation and affidavits from friends, relatives etc.  The RFE doesn't say what the affidavits should have in them. What actually do these affidavits need to have in them?  Does anyone have a affidavit templates to give me an idea of what they are needing?

 

Also, if you have gone through this process. How many affidavits and personal letters did you send along with your response? 

 

Many thanks! This will be a great help.

[HRQX 4,145]

On 10/22/2019 at 5:48 AM, praisejourney said:

Where does the law state that this is required?

INA 214(d)(2) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1184&num=0&edition=prelim

Quote

(A) Subject to subparagraphs (B) and (C), the Secretary of Homeland Security may not approve a petition under paragraph (1) unless the Secretary has verified that-

(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and

(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition.

 

(B) The Secretary of Homeland Security may, in the Secretary's discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver. Except in extraordinary circumstances and subject to subparagraph (C), such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons.

(C)(i) The Secretary of Homeland Security is not limited by the criminal court record and shall grant a waiver of the condition described in the second sentence of subparagraph (B) in the case of a petitioner described in clause (ii).

(ii) A petitioner described in this clause is a petitioner who has been battered or subjected to extreme cruelty and who is or was not the primary perpetrator of violence in the relationship upon a determination that-

(I) the petitioner was acting in self-defense;

(II) the petitioner was found to have violated a protection order intended to protect the petitioner; or

(III) the petitioner committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime and the petitioner's having been battered or subjected to extreme cruelty.

 

(iii) In acting on applications under this subparagraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary.

 

[Ryan H 3,790]

~~~Post merged with existing thread; do not start multiple threads asking the same question.~~~

 

5 hours ago, praisejourney said:

I need help. I received an RFE for next a General Waiver for Multiple Filings (No Criminal Record). The RFE is asking for personal letters about the separation and affidavits from friends, relatives etc.  The RFE doesn't say what the affidavits should have in them. What actually do these affidavits need to have in them?  Does anyone have a affidavit templates to give me an idea of what they are needing?

 

Also, if you have gone through this process. How many affidavits and personal letters did you send along with your response? 

 

Many thanks! This will be a great help.

 

[payxibka 10,044]

5 hours ago, praisejourney said:

 

 

Also, if you have gone through this process. How many affidavits and personal letters did you send along with your response? 

 

NONE

[Villanelle 4,121]

It seems you are considering all the things your attny listed and asked for as being things the RFE asked for. Now while I have not seen your RFE I am 100% confident that it does not ask for everything the attny listed. I suppose you can ask the attny for the RFE and they probably will give you a copy and then you discuss better with them how to respond.