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Waiver For Multiple Fiance Filings

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Filed: K-1 Visa Country: Nigeria
Timeline

Hello All,

Get this. I have been waiting a few days to get the letter in the mail from USCIS, request for evidence. I have been wondering what they could possibly want. I have had some practice with the fiance visa paperwork, since my first application was denied. I have refiled, for the same woman, a second time. The first visa was denied because we couldn't establish a bona fide relationship. So. I front loaded the second application with a whole ream of paper which included emails, 2 trips to Nigeria, photos, boarding passes, hotel receipts. You name it.... I sent everything.

I got the letter and was shocked! I need to apply for a waiver because I am reapplying for another visa when the first one was denied. I don't get it. The first aplication was approved only at approved to move from the US to Lagos, Nigeria. Lagos, Nigeria denied it. I later received a letter making it offical from USCIS. It even told me I could reapply, so I did.

Luckily, I called the 800 number and was told to make an appointment at the field offie which I just did. Monday I should have some answers to this dilema.

Eric

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The K1 process doesn't always work out for everyone. In our case I wasn't able to attend the interview and were denied because they didn't think it was bona fide. We filed for CR1 instead and got approved with minimal effort. If it fails the 2nd time you could always get married and do the CR1 process.

Also it sounds like you sent about the same proofs we did when filed K1, and we didn't get RFE's. Did you include the letters of intent to marry? Hopefully it's something minor.

This does not constitute legal advice.

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Filed: Citizen (apr) Country: Nigeria
Timeline

There is a rule about a waiver for multiple filings. It is meant to help protect the unwary foreign fiancé from social idiots that travel, marry and dump. Because you are filing for the same person the law makes no sense and your wording for the waiver can point to that. That the waiver is so they can inform the fiancé that you have a history. But the woman doesn't need to be informed she is your history. http://www.ilw.com/articles/2007,0206-ellis.shtm a good read on the subject

Edited by NigeriaorBust

This will not be over quickly. You will not enjoy this.

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Filed: Citizen (apr) Country: Nigeria
Timeline

Hello All,

Get this. I have been waiting a few days to get the letter in the mail from USCIS, request for evidence. I have been wondering what they could possibly want. I have had some practice with the fiance visa paperwork, since my first application was denied. I have refiled, for the same woman, a second time. The first visa was denied because we couldn't establish a bona fide relationship. So. I front loaded the second application with a whole ream of paper which included emails, 2 trips to Nigeria, photos, boarding passes, hotel receipts. You name it.... I sent everything.

I got the letter and was shocked! I need to apply for a waiver because I am reapplying for another visa when the first one was denied. I don't get it. The first aplication was approved only at approved to move from the US to Lagos, Nigeria. Lagos, Nigeria denied it. I later received a letter making it offical from USCIS. It even told me I could reapply, so I did.

Luckily, I called the 800 number and was told to make an appointment at the field offie which I just did. Monday I should have some answers to this dilema.

Eric

Have you had any other K1 filings? You do get to file 2 I believe. So was there another?

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Filed: AOS (pnd) Country: China
Timeline

Hello All,

Get this. I have been waiting a few days to get the letter in the mail from USCIS, request for evidence. I have been wondering what they could possibly want. I have had some practice with the fiance visa paperwork, since my first application was denied. I have refiled, for the same woman, a second time. The first visa was denied because we couldn't establish a bona fide relationship. So. I front loaded the second application with a whole ream of paper which included emails, 2 trips to Nigeria, photos, boarding passes, hotel receipts. You name it.... I sent everything.

I got the letter and was shocked! I need to apply for a waiver because I am reapplying for another visa when the first one was denied. I don't get it. The first aplication was approved only at approved to move from the US to Lagos, Nigeria. Lagos, Nigeria denied it. I later received a letter making it offical from USCIS. It even told me I could reapply, so I did.

Luckily, I called the 800 number and was told to make an appointment at the field offie which I just did. Monday I should have some answers to this dilema.

Eric

Nigeria has received much notoriety on many scams that originate from there,

so perhaps they are scrutinizing even more thoroughly.

Going through this once is bad enough, let alone doing it again and getting scrutinized again.

Sounds like you are legit, and prepared better the second time,

so hopefully face to face meeting with the field officer on Monday

can clear the way.

You should fill out the timeline in the meanwhile.

Best of luck.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Hello All,

Get this. I have been waiting a few days to get the letter in the mail from USCIS, request for evidence. I have been wondering what they could possibly want. I have had some practice with the fiance visa paperwork, since my first application was denied. I have refiled, for the same woman, a second time. The first visa was denied because we couldn't establish a bona fide relationship. So. I front loaded the second application with a whole ream of paper which included emails, 2 trips to Nigeria, photos, boarding passes, hotel receipts. You name it.... I sent everything.

I got the letter and was shocked! I need to apply for a waiver because I am reapplying for another visa when the first one was denied. I don't get it. The first aplication was approved only at approved to move from the US to Lagos, Nigeria. Lagos, Nigeria denied it. I later received a letter making it offical from USCIS. It even told me I could reapply, so I did.

Luckily, I called the 800 number and was told to make an appointment at the field offie which I just did. Monday I should have some answers to this dilema.

Eric

If you had an I-129F petition approved less than 2 years ago AND this is your 2nd I-129F petition; OR this is your 3rd (or more) I-129F petition, you are required to submit a request for a waiver of the multiple filing limitations.

Do not bother with going to the field office, they will tell you exactly what I'm going to tell you now. You need to write a letter requesting a waiver, and submit this letter request with your RFE. Here is an example of the letter:

RE: General Waiver for multiple filers

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), I respectfully request a waiver on the filing limitations in connection with my current petition. A waiver is appropriate in my circumstance because I have no criminal history with regard to the “specified crimes” under IMBRA.

I have one prior approved Form I-129F for [NAME], receipt number [RECEIPT #]. This petition was approved on [DATE], and resulted in...

Evidence to support this waiver includes:

[YOUR EVIDENCE]

Thank you for your kind consideration of my request.

Sincerely,

Explain what happened with your previous petition, and include evidence to support it. You say the first visa was denied, then include as evidence the denial notice which states the reason you were denied.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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Filed: Citizen (apr) Country: Nigeria
Timeline

If you had an I-129F petition approved less than 2 years ago AND this is your 2nd I-129F petition; OR this is your 3rd (or more) I-129F petition, you are required to submit a request for a waiver of the multiple filing limitations.

Do not bother with going to the field office, they will tell you exactly what I'm going to tell you now. You need to write a letter requesting a waiver, and submit this letter request with your RFE. Here is an example of the letter:

RE: General Waiver for multiple filers

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), I respectfully request a waiver on the filing limitations in connection with my current petition. A waiver is appropriate in my circumstance because I have no criminal history with regard to the “specified crimes” under IMBRA.

I have one prior approved Form I-129F for [NAME], receipt number [RECEIPT #]. This petition was approved on [DATE], and resulted in...

Evidence to support this waiver includes:

[YOUR EVIDENCE]

Thank you for your kind consideration of my request.

Sincerely,

Explain what happened with your previous petition, and include evidence to support it. You say the first visa was denied, then include as evidence the denial notice which states the reason you were denied.

WOW this is awesome. Needs to be pinned somewhere. I am filing away myself. Thank you.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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Filed: K-1 Visa Country: Nigeria
Timeline

Maybe I didn't do a very good job of explaining my situation. My first K1 visa was denied. USCIS should know this, they are the ones that denied it. So, I refiled another k1 application. Same woman, same relationship. USCIS told me I need a waiver because I have multiple filings within a 2 year period. I called them again and explained the situation to the phone agent. He agreed that a mistake was made on their part. I will take all my documentation into the field office on Monday and go from there. I appreciate all the responses.

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Maybe I didn't do a very good job of explaining my situation. My first K1 visa was denied. USCIS should know this, they are the ones that denied it. So, I refiled another k1 application. Same woman, same relationship. USCIS told me I need a waiver because I have multiple filings within a 2 year period. I called them again and explained the situation to the phone agent. He agreed that a mistake was made on their part. I will take all my documentation into the field office on Monday and go from there. I appreciate all the responses.

USCIS isn't who denies the visa, its the embassy working under the Department of State (DOS) that denies it. From your first post (and also in this post), you say your first K-1 visa was denied. This implies that your I-129F was approved, went to the embassy and it was denied at the embassy for lack of a bonafide relationship. USCIS will not deny for lack of a bonafide relationship..they will deny if you do not meet the requirements for the petition.

So, to be clear, was your first I-129F petition denied, or was it approved and denied at the embassy?

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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Filed: K-1 Visa Country: Nigeria
Timeline

You seem to know a lot about this whole process. You are correct... The K1 Visa was approved by USCIS and then denied by the Embassy in Lagos, Nigeria. However, 4 months after Lagos denied the Visa, I received an official letter from USCIS which told me the Visa was denied. It seems in this case, the left hand didn't know what the right hand was doing. I would think that they would have done a little bit of internal investigation to figure this out. I was reapplying with more evidence to try and prove that our relationship is bona fide.

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Filed: Citizen (apr) Country: Nigeria
Timeline

When we went down the path of K1 the second time we simply had a letter that stated that we were exempt from the requirement because if was the same couple and the law is about different couples.

This will not be over quickly. You will not enjoy this.

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You seem to know a lot about this whole process. You are correct... The K1 Visa was approved by USCIS and then denied by the Embassy in Lagos, Nigeria. However, 4 months after Lagos denied the Visa, I received an official letter from USCIS which told me the Visa was denied. It seems in this case, the left hand didn't know what the right hand was doing. I would think that they would have done a little bit of internal investigation to figure this out. I was reapplying with more evidence to try and prove that our relationship is bona fide.

The visa was denied at the embassy, and your petition was returned back to USCIS. USCIS in turn told you that the visa was denied (in case you didn't already know it), but they themselves weren't the ones to deny it. There is nothing here to investigate, your visa was denied the first time.

The point here is, this is your 2nd petition within 2 years of your first. According to the IMBRA, you are required to have a waiver in order for your 2nd petition to be approved. To get this waiver, you need to simply ASK for it...write a waiver request letter like the example letter I showed you in a previous post. This is what your RFE is asking you for, and this is all that you need to provide.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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Filed: Citizen (apr) Country: Mexico
Timeline

They want a waiver from you. From the I-129F instructions > http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

2. What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?

You must apply for a filing limitations waiver if any of the following apply:

a. You have previously filed K-1 petitions for two or more beneficiaries; or
b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously
approved petition.

To request a waiver, submit a written request with this petition accompanied by documentation supporting your claim
to the waiver.

~ Moved from K-1 Process IMBRA Special Topics - topic about IMBRA waiver ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Citizen (apr) Country: Nigeria
Timeline

Subject to subparagraphs (B) and ©, a consular officer may not approve a petition under paragraph (1) unless the officer 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.

That is the exact wording, So because there isn't 2 aliens involved they don't need a wavier because part II refers to having a previous petition and it involves 2 or more aliens. However consular officers never approve petitions they approve visas. So it seems this law has no teeth whatever.

This will not be over quickly. You will not enjoy this.

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