visa and engagement ring

Is it Possible to Petition for a K-1 Fiancé After Cancelling Previous Petitions?

Hundreds if not thousands of U.S. Citizens have canceled their I-129F Fiancé Visa Applicationsin the past. If you are one of those petitioners who are engaged for the second or third time to a foreigner who lives abroad, and you desire for your significant other to come to the U.S. you might want to file a fiancé visa petition. Many petitioners do not realize that a previous petition on record can make it more difficult to file again. The immigration officer handling your application will review your petition closely to ensure that your relationship with your significant other is real. If you are afraid to submit another I-129F application, you may need to request special permission or a waiver from the U.S. government to petition for another fiancé regardless of the multiple petitions submitted previously.

What you need to do, procedurally, depends on how many previous applications you submitted, how recently those petitions were filed, when you realized, the relationship wasn’t going to work out and how far along into the process was the fiancé visa application when you cancelled your petition.

Discovering What Stage your I-129F Application was Canceled

A fiancé visa application goes through various stages before an approval is granted:

  • A U.S. Citizen submits a petition on behalf of his fiancé
  • USCIS then approves that application and sends it to the designated U.S. Embassy or Consulate abroad
  • The respective U.S. Embassy then schedules an interview appointment for the fiancé
  • Lastly the fiancé then comes to the U.S. under a K-1 Fiancé visa status.

After the foreigner arrives in the U.S, there are additional requirements to fulfill:

  • First the couple must marry within 90 days
  • Then the fiancé may file for lawful permanent residence (U.S. Green Card) based on marriage
  • USCIS will then interview the couple again before granting an approval.
  • In most situations, the foreigner applies for a U.S. green card instantaneously after getting married.
  • If the marriage is less than two years when USCIS gives an approval, then the beneficiary will receive a conditional green card which is valid for 2 years
  • Then the U.S. green card holder will need to remove conditions on residence to make it a permanent resident green card. The application to remove conditions is submitted before the two years expires.

Submitting a petition for a second or third foreigner will be difficult depending on when, within the process the prior application was cancelled.

Requesting a Waiver of Multiple Filings from USCIS

If you file two or more previous I-129F, Applications for a fiancé or if you submitted a petition for a fiancé within the last two years you will need a waiver for your previous multiple filings to proceed with a new application. In other words, if you filed a new I-129F petition without asking for a waiver, USCIS will probably deny it and return it or accept it and send you a request for evidence which might delay the process.

This requirement comes from the International Marriage Broker Regulation Act (IMBRA) and is meant to protect both the petitioner and beneficiary. USCIS simply wants to make sure that the relationship between petitioner and foreigner is genuine and free from abuse. USCIS looks at multiple I-129F submissions as a red flag and a pattern that could signify attempted sham marriages.

A Look at the Procedure When Requesting a Waiver of Multiple Filings

When it comes to filing a waiver, you must select the correct box as shown on the form and if you have any questions make sure to contact an immigration attorney to help you. Within the form there is a section that is set aside for if you have no prior criminal history. In this section you must provide an explanation along with evidence to demonstrate why you are deserving of a waiver from the US government. Such evidence must include:

  • All evidence of any circumstances beyond your control such as the death of your fiancé.
  • Provide proof that the relationship was real all along and reasons that it did not work out
  • You should also submit evidence of your K-1 Visa cancellation before it was approved and explain why you cancelled.
  • If your former fiancé did come to the U.S., it is important that you explain where that person is currently living and why you did not get married. If you filed any complaints against your previous fiancé, provide copies of those complaints to USCIS.

If you are having any doubts about whether you will need to request a waiver from USCIS and what all supporting documents you will need to submit, seek legal advice from an immigration attorney.

Have an Immigration Attorney Help You

Canceling a K-1 Fiancé visa application and submitting a second petition for a different person regardless of how much time has passed can be quite tricky. To avoid the confusion and the hassle of going through the process alone contact the Gambacorta Law Office at 847-433-9303 today.