Multiple Filings RFE

[Dima Gordeyev 1]

Hello! A small bit of background. I had filed for a K-1 visa before, on January 18. 2019. That relationship did not work out, and 2 months later we separated. I requested termination of the visa application and USCIS granted it with an official letter.  After some time, I started dating someone else overseas and applied for a K1 Visa on September 25th, 2020. In this application,  I checked off the "Multiple Filer Waiver Request" box, and also provided a "Multiple Filer Waiver Request" letter I wrote, briefly explaining the situation and attaching evidence of the previously terminated application.

 

The RFE states, "In order for your current petition to be approved, USCIS would have to grant a waiver of the filing limitations described above. You submitted a written request; however, you did not submit evidence in support of the waiver request. The evidence should show that a favorable exercise of discretion to grant the waiver is warranted in your case and any unusual circumstance exist."

 

What sort of evidence are they looking for? I already submitted a copy of the official termination letter, a written waiver request, and checked the waiver box...

 

Can anyone weigh in please?

[Boiler 45,670]

Was your first petition approved?

[Dima Gordeyev 1]

Yes, it was, and I marked that in the 2nd petition.

[Boiler 45,670]

Just checking you needed one. I know we have members who have had waivers approved but do not know enough about the process to comment further.

Edited May 28, 2021 by Boiler

[payxibka 10,045]

1 hour ago, Dima Gordeyev said:

Hello! A small bit of background. I had filed for a K-1 visa before, on January 18. 2019. That relationship did not work out, and 2 months later we separated. I requested termination of the visa application and USCIS granted it with an official letter.  After some time, I started dating someone else overseas and applied for a K1 Visa on September 25th, 2020. In this application,  I checked off the "Multiple Filer Waiver Request" box, and also provided a "Multiple Filer Waiver Request" letter I wrote, briefly explaining the situation and attaching evidence of the previously terminated application.

 

The RFE states, "In order for your current petition to be approved, USCIS would have to grant a waiver of the filing limitations described above. You submitted a written request; however, you did not submit evidence in support of the waiver request. The evidence should show that a favorable exercise of discretion to grant the waiver is warranted in your case and any unusual circumstance exist."

 

What sort of evidence are they looking for? I already submitted a copy of the official termination letter, a written waiver request, and checked the waiver box...

 

Can anyone weigh in please?

You need to look up the reasons the multiple filer limitations was enacted for (chronic filer, multiple concurrent filings, certain crimes (i. e. sometimes referred to as Adam Walsh type crimes), etc. and simply explain why it doesn't pertain to you.

[Dima Gordeyev 1]

1 minute ago, payxibka said:

You need to look up the reasons the multiple filer limitations was enacted for (chronic filer, multiple concurrent filings, certain crimes (i. e. sometimes referred to as Adam Walsh type crimes), etc. and simply explain why it doesn't pertain to you.

So my reason is that I previously had a fiancé petition approved and less than two years had passed since the filing date.

 

In my letter, I wrote,

"I believe a waiver is appropriate in my circumstance because I have no criminal history with regard  to the "specified crimes" under IMBRA.

I have one (1) prior Form I-129F petition filed:

(Beneficiary's Name) filed on 1/18/2019 in City, State. - approved on 4/25/2019; the relationship encountered complications halfway through the petition process and we decided to separate.

Upon request, the petition was formally terminated by USCIS on 7/16/2020. I am attaching a copy of the Notice of Termination on the next page."

 

Did I miss something? Is there more information that I should include?

 

Thanks,

Dima

[SalishSea 17,928]

27 minutes ago, Dima Gordeyev said:

So my reason is that I previously had a fiancé petition approved and less than two years had passed since the filing date.

 

In my letter, I wrote,

"I believe a waiver is appropriate in my circumstance because I have no criminal history with regard  to the "specified crimes" under IMBRA.

I have one (1) prior Form I-129F petition filed:

(Beneficiary's Name) filed on 1/18/2019 in City, State. - approved on 4/25/2019; the relationship encountered complications halfway through the petition process and we decided to separate.

Upon request, the petition was formally terminated by USCIS on 7/16/2020. I am attaching a copy of the Notice of Termination on the next page."

 

Did I miss something? Is there more information that I should include?

 

Thanks,

Dima

That seems pretty thorough.  The only thing I can think of is to use the language that is often used in divorces: "irreconcilable differences."  "Complications" may be too broad for them.  Maybe @payxibka has some ideas.

[payxibka 10,045]

When did you file the current petition?

 

You didn't encounter problems halfway through the petition process.   If you had, the petition would not have been approved. 

 

I think you need to stress that the failed process did not result in a issued visa. 

 

I'm somewhat concerned that you terminated the original petition in July 2020 and in less than a year, you have an RFE on a second.   Hard to argue that you could not be classified as a habitual.

[Dima Gordeyev 1]

1 hour ago, payxibka said:

When did you file the current petition?

 

You didn't encounter problems halfway through the petition process.   If you had, the petition would not have been approved. 

 

I think you need to stress that the failed process did not result in a issued visa. 

 

I'm somewhat concerned that you terminated the original petition in July 2020 and in less than a year, you have an RFE on a second.   Hard to argue that you could not be classified as a habitual.

The current petition was filed in September 25th, 2020, which was 3 months after the previous petition was officially terminated. I filed for termination on March 13th 2020, even though the relationship had ended a year before that, on March 17th, 2019. I filed so late because 1) I wasn't planning on meeting anyone else abroad and 2) once I had met them, I didn't know that I had to terminate the previous petition in order to file for the 2nd one.

[Pinkrlion 2,724]

So that is what USCIS is looking at the timeframe from termination of 1st and filing date of 2nd.