If you’re navigating the complex world of U.S. immigration, especially the K-1 fiancé visa process, and have faced the challenge of canceling previous I-129F fiancé petitions, you might be wondering about your options for filing a new petition. This comprehensive guide explores the nuances of re-petitioning after cancellations, including the potential need for waivers and key steps involved.
The K-1 Fiancé Visa Journey
- A U.S. citizen files Form I-129F to petition for their foreign fiancé.
- USCIS reviews and approves the application, forwarding it to the U.S. embassy or consulate in the foreign partner’s home country.
- The embassy interviews with the fiancé.
- If successful, they are granted entry to the U.S.
- Once in the U.S., the couple must marry within 90 days.
The fiancé can then apply for lawful permanent residence which is a green card based on the marriage.
If the marriage is less than two years old when the green card is approved, the spouse receives a conditional two-year green card and must later apply to remove these conditions.
Understanding the Impact of Cancelling a Previous I-129F Petition
This can happen at various stages, each with unique implications for filing a new petition:
Before USCIS Approval: It is possible to start a new petition without significant hurdles, as there’s no prior approval on record.
After: Cancelling after USCIS approval but before the K-1 visa is granted complicates matters. Immigration officers will scrutinize subsequent petitions more closely to ensure the relationship’s legitimacy and prevent potential fraud.
The Role of Waivers
If you’ve filed multiple I-129F petitions within the last two years, you may need a waiver to start with a new petition. This requirement, mandated by the International Marriage Broker Regulation Act IMBRA, aims to protect both U.S. citizens and foreign fiancés from exploitation or fraudulent marriages.
General Waiver (Box 5. a):
If you have a clean criminal history and no restraining orders, request a General Waiver. Provide a detailed explanation and supporting evidence demonstrating your relationship’s legitimacy, including any unusual circumstances, like the death of a previous fiancé.
Extraordinary Circumstances Waiver (Box 5. b):
If you have a history of violent crimes, request an Extraordinary Circumstances Waiver. Provide evidence of the prior crime, proof of rehabilitation, support letters from community members, and documentation of successful rehabilitation programs if the crime was related to drugs or alcohol.
Mandatory Waiver for Victims of Domestic Violence (Box 5. c):
For victims of domestic violence with a criminal history, request a Mandatory Waiver. Demonstrate you were a victim of battering or extreme cruelty, and that the crime did not result in serious injury. Provide records of the crime, a personal statement, and letters from professionals like psychologists or counselors.
Crafting Your Explanation
- No matter your situation, providing thorough explanations to USCIS regarding prior marriage-based or fiancé visa applications is important.
- Write a detailed letter to the USCIS officer explaining the circumstances of the prior petition, the reasons for its cancellation, and why the relationship ended. Seek input from trusted individuals to ensure clarity.
- Supporting Affidavits: Include affidavits from people familiar with your situation who can support your case.
Moving Forward
Filing a new K-1 visa petition after previous cancellations may seem daunting, but your ability to clearly explain the situation is key. USCIS evaluates petitions based on their merits and the evidence provided.
Don’t be discouraged by the need for a waiver or previous application filings. Focus on presenting a compelling case that demonstrates the authenticity of your relationship and the absence of fraudulent intent.
