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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IMBRA Special Topics

AlHayatZween

Jan 9 2008, 12:10 PM

Hi all,
I'm very upset because we received an RFE for the IMBRA waiver letter. I was briefly engaged to someone (now it's been over 2 years, but i guess like 1 year and 11 months when i filed a petition for another, different fiance). I had read about the waiver on the 129F, but my lawyer (who has proven very inept and a regular donkey... and etc...) said we didn't need a waiver.

Anyway, I'm just writing to ask, is this RFE for the IMBRA waiver letter, something to be really alarmed about? Does it mean we won't get the petition approved?

I've never committed any crimes, and my last relationship just didn't work out... we never even completed the paperwork and my fiance at that time never had an interview or anything... It was just one of those things that didn't work out. My new relationship is great and I was living and working in Morocco for a long time when I met my current fiance and we decided we wanted to get married.

Will USCIS understand all this? Lots of relationships don't work out. Any advice?

Thanks for your thoughts,
hz

YuAndDan

Jan 9 2008, 12:21 PM

If petitioner has filed more than 1 K-1 petition for more than one person over past few years, then a waiver needs to be filed, this is indicated in the I-129F directions, lawyer should have known this.
I-129F page 2

QUOTE

2. Filing Limitations on K Nonimmigrant Petitioners.

If you have filed two or more K-1 visa petitions at anytime in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

http://www.uscis.gov/files/form/I-129Finstr.pdf

desert_fox

Jan 9 2008, 03:20 PM

It means that your petition is not approvable without a waiver.

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