Has anyone gotten any guidance about how to ask for a waiver and what kind of evidence to include?
Full Version: IMBRA waiver
I just received my RFE today. I'm in an interesting situation - my fiance was granted a K-1 visa in 2005 and entered the country. But the stress of the culture shock was too much and he went back to Mexico before the 90 day period was up, without us getting married. Now we are applying for him to come again. I didn't realize there were restrictions on the number of K-1 petitions you can file - am I the only crazy person who is filing multiple times but for the same fiance? Has anyone gotten any guidance about how to ask for a waiver and what kind of evidence to include?
Has anyone gotten any guidance about how to ask for a waiver and what kind of evidence to include?
From the I-129F instructions....
If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in you case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa
The signed dated request for a waiver is where you would explain the events...how you petitioned for your fiance once before and what happened (including that he returned to Mexico). If you still have copies of the first approved petition/NOA etc perhaps you could use that as part of your documentation.......and perhaps anything else you may have that documents the events.
If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in you case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa
The signed dated request for a waiver is where you would explain the events...how you petitioned for your fiance once before and what happened (including that he returned to Mexico). If you still have copies of the first approved petition/NOA etc perhaps you could use that as part of your documentation.......and perhaps anything else you may have that documents the events.
QUOTE(megymar @ Jul 3 2006, 01:52 PM) 
I just received my RFE today. I'm in an interesting situation - my fiance was granted a K-1 visa in 2005 and entered the country. But the stress of the culture shock was too much and he went back to Mexico before the 90 day period was up, without us getting married. Now we are applying for him to come again. I didn't realize there were restrictions on the number of K-1 petitions you can file - am I the only crazy person who is filing multiple times but for the same fiance?
Has anyone gotten any guidance about how to ask for a waiver and what kind of evidence to include?The law does not apply to you. It only applies if you are filing for two or more alliens. You are applying two times for one allien. But they may deny it for other reasons - the intent to be married clause will be severely scrutinized........ Just a hunch. Good luck
The Law states (2)(A) Subject to subparagraphs ( B ) and ( C ), 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."
QUOTE(megymar @ Jul 3 2006, 01:52 PM)
I just received my RFE today. I'm in an interesting situation - my fiance was granted a K-1 visa in 2005 and entered the country. But the stress of the culture shock was too much and he went back to Mexico before the 90 day period was up, without us getting married. Now we are applying for him to come again. I didn't realize there were restrictions on the number of K-1 petitions you can file - am I the only crazy person who is filing multiple times but for the same fiance?
Has anyone gotten any guidance about how to ask for a waiver and what kind of evidence to include?What' gonna be different this time??
QUOTE(abdmaroc @ Jul 4 2006, 06:05 AM)
QUOTE(megymar @ Jul 3 2006, 01:52 PM)
I just received my RFE today. I'm in an interesting situation - my fiance was granted a K-1 visa in 2005 and entered the country. But the stress of the culture shock was too much and he went back to Mexico before the 90 day period was up, without us getting married. Now we are applying for him to come again. I didn't realize there were restrictions on the number of K-1 petitions you can file - am I the only crazy person who is filing multiple times but for the same fiance?
Has anyone gotten any guidance about how to ask for a waiver and what kind of evidence to include?The law does not apply to you. It only applies if you are filing for two or more alliens. You are applying two times for one allien. But they may deny it for other reasons - the intent to be married clause will be severely scrutinized........ Just a hunch. Good luck
The Law states (2)(A) Subject to subparagraphs ( B ) and ( C ), 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."
Whilst that may very well be correct. It is not the consular officer that is going to approve the petition at the service center. Two seperate processes. The instructions on the I-129F only refers to K-1 petitions filed for.......no mention of the word 'alien'.
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