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Need Waiver (Lagos) -- Advice? [split topic]

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Filed: E-1 Visa Country: Nigeria
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hi guys,

i am having the same issue with a request for waiver. i filed for my fiancee in Nigeria and the consulate denied us. i reapply in September and now they need me to file a waiver. are there any updated information concerning this, since all other issues are a few years ago. are there anyone with the same issue that is more recent? i am still needing guidance on how to respond to the waiver, i am filing for the same person, is there a sample to this effect..

thank you,

susan

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Filed: Citizen (apr) Country: Nigeria
Timeline

hi guys,

i am having the same issue with a request for waiver. i filed for my fiancee in Nigeria and the consulate denied us. i reapply in September and now they need me to file a waiver. are there any updated information concerning this, since all other issues are a few years ago. are there anyone with the same issue that is more recent? i am still needing guidance on how to respond to the waiver, i am filing for the same person, is there a sample to this effect..

thank you,

susan

Your questions was split off from prior thread so can you be more clear please? A waiver for what? Why were you denied at interview? Thanks

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Filed: E-1 Visa Country: Nigeria
Timeline

I filed a fiance visa, my fiancee was denied when he went went for his interview in Nigeria. They said he didn't convince them that our relationship was genuine. I wrote an appeal letter, it was sent back to me. Then I received a letter fom uscis saying my case was denied. At that point we decided to reapply. And now sent me a RFE.

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Filed: AOS (apr) Country: Cyprus
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I filed a fiance visa, my fiancee was denied when he went went for his interview in Nigeria. They said he didn't convince them that our relationship was genuine. I wrote an appeal letter, it was sent back to me. Then I received a letter fom uscis saying my case was denied. At that point we decided to reapply. And now sent me a RFE.

You can't expect to get the correct help unless you are very detailed with your post.

What exactly did the letter from USCIS say ? They don't deny K1's, they expire, so please be precise in your terminology to keep

down the confusion.

Not believing in a genuine relationship does NOT require a waiver. He must have been found ineligible due to other reasons for them to

mention a waiver ...a waiver for what ? Until that is clear we can't advise you on how to proceed.

You received an RFE for what ?????

You don't "respond" to a waiver, you respond to a RFE.

If you need a waiver then that is not about just filling out a form, it is necessary to send a complete package.

Again, post again with clear and precise narration and correct terminology of what you need help with because you are all over the map

and utterly confused.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Wales
Timeline

Do you have a lawyer?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Nigeria
Timeline

If it is the same person you really don't need one although they are requesting one. I assume you are referring to the waiver for multiple filings.

"B. Filing Limitations
IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

You can write a statement something like the following

To whom it may concern.

I am writing this under the belief that the prohibition on multiple K1 filings was not intended to be applied when the petitioner is filing for the same beneficiary. However if in fact such a waiver is required I am hereby requesting that I be granted the wavier against multiple filing so that I XXXXXXXXX can proceed with a second petition for my fiancé YYYYYY

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

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