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Malarie

IMBRA Filing Limit Denial

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Good Morning,

I posted this in the IMBRA section last night but did not receive any solid information so I thought I would try to post this here.

Hi All,

*** I am looking for help not snide comments so if you can not help me please do not respond -- I dont want to sound like a jerk but honestly I can not take any BS tonight! ***

Here are the facts:

1. Married to a man in the USA on TPS (temporary protective status). Filed for his residency when 245i opened in 2001. We filed an I130. Relationship ended in divorce.

2. Married a man in his country and we filed the I130 and I129f - the I29F was approved April 17, 2007. The man split when he arrived - we never adjusted status. I submitted a withdrawl on my affidavit of support.

3. Filed for a K1 on July 28, 2009 and received a NOID stating that I am not eligible to file for another K1 visa. I have researched IMBRA and it clearly states that you are allowed to petition for 2 K visas in a lifetime without a waiver request, however, the requests must be more than 2 years between the approval date of the first K visa.

I researched this and thought I did everything correct and now the NOID.... I'm freaking out.... Lawyer or not? Should I try to write a waiver request myself stating the facts ... does anyone have experience in this and if so HELPPPPPP please with the wording.

I dont want to mess this up!!

Thanks,

Malarie

I reviewed the instructions with the I129F form (the most current edition - the EXP date is 1/2010). I am copying in below #2 from the I129F instructions that accompany this form:

If you have 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 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.

2. Filing Limitations on K Nonimmigrant Petitioners.

If you have committed a violent offense against a person or persons, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. For details regarding those circumstances, see Item 7.B. of these instructions.

As stated above I have only filed 1 K3 in the past (I have read other places that for IMBRA they consider the K3 as the K1 -- I get that).

What I dont get is why I received the NOID. Has anyone ever experienced it and how did you handle it?

USCIS is requesting a waiver request - I get that too and I have no problem writing that. I have a problem with how to word it as I feel they have made an error in their decision of the NOID.

I researched this before sending in the petition. Am I totally misinterpreting this?

Constructional replies only please. The situation (as eveyone else's going through the immigration process) is stressful.

Thanks,

Malarie


** The black ribbon I display in my display is for my son in law who was killed in Afganistan November 23,2009 **

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