How do Adjudicators Determine How to Process a Case

[JimVaPhuong 4,863]

If the second filing of the I-129F occurs within (inside) two years of each other, then you are subject to the IMBRA rules and regulations for filing two I-129F forms within two years. This requires an informal waiver that you can easily write and I believe has always been granted. That is the easy part.

You need a waiver of the IMBRA filing limitations if:

1) You've had a petition approved within the past two years, or

2) You've filed two or more petitions previously, at any point in your life.

So, a second petition requires a waiver only if the first petition was approved within the past two years. Her petition will be denied, almost certainly. If the current petition is her first ever, then she won't need a waiver.

[sachinky 464]

There's no chance in hell of that petition being approved.

Secondly, if you want to get through Casa you're gonna need a lot more than internet love and impassioned pleas.

Good luck to you on whatever path you choose.

[Audy_Rob 26]

You need a waiver of the IMBRA filing limitations if:

1) You've had a petition approved within the past two years, or

2) You've filed two or more petitions previously, at any point in your life.

So, a second petition requires a waiver only if the first petition was approved within the past two years. Her petition will be denied, almost certainly. If the current petition is her first ever, then she won't need a waiver.

Wait a second. I will copy the instructions from item 2 of the I-129F instructions.

"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...."

Now I believe when she files the next I-129F petition, that will make it the SECOND K-1 petition she has filed at ANY time in the past. She will have the ONE denied petition and the SECOND hopefully to be approved petition.

No, I think she needs the waiver. She will be meeting your condition #2 above. It does not say approved or denied.

What are you trying to say ???

Edited May 1, 2010 by Audy_Rob

[Audy_Rob 26]

Never mind, I see #2 says two petitions PREVIOUS to the petition you are about to file, not that it is the second petition you are filing ever.

Yea, your right. I think she can skip the formality.

[pushbrk 12,093]

You need a waiver of the IMBRA filing limitations if:

1) You've had a petition approved within the past two years, or

2) You've filed two or more petitions previously, at any point in your life.

So, a second petition requires a waiver only if the first petition was approved within the past two years. Her petition will be denied, almost certainly. If the current petition is her first ever, then she won't need a waiver.

Jim,

Frankly that's how any reasonable person would read that but in practice, USCIS has been requiring the waiver request for the second petition within two years, even if for the same beneficiary. Since the waiver request is no more than two sentences in a cover letter, I advise including it.

[pushbrk 12,093]

Jim,

Frankly that's how any reasonable person would read that but in practice, USCIS has been requiring the waiver request for the second petition within two years, even if for the same beneficiary. Since the waiver request is no more than two sentences in a cover letter, I advise including it.

Further, it sounds like we have the OP's attention and his thinking cap is on straight enough but I just wanted to add that the couple needs to completely discard any thoughts of entitlement in this process. Casablanca is one of the most difficult places to obtain a fiancee or spouse visa. They are not only going to need to be in a position financially to accomplish the process but will need some meaningful time together with plenty of documentation and interview preparation to go with it. Their eventual success is going to require a dramatically different approach in attitude, relationship building and documentation.

Fortunately there appears they will have plenty of time to study the cases of others going through Casa and be able to sufficiently prepare if they are so inclined.

Edited May 1, 2010 by pushbrk

[moroccogirlny 100]

There's no chance in hell of that petition being approved.

Secondly, if you want to get through Casa you're gonna need a lot more than internet love and impassioned pleas.Good luck to you on whatever path you choose.

I agree to that I visited my fiance 2 times prior to filing the first K1 and Casa was not convinced of our relationship, it took another 3 years of visiting and was approved on the 2nd K1. Get to know each other better in person, meet his family and learn the culture then try applying again.

[Miss smarty pants 84]

Having said that, here are my questions. My fiancé (Morocco) and I (US Citizen) have not yet physically meet in person. We met on the Internet. So I made a passionate request to the USCIS office to have the requirement to physically meet within two years of filing the I-129F form waived due to financial hardship. I provided what I thought was pretty good evidence to support my claim of financial hardship, but I'm very anxious as to whether or not the adjudicator will feel that my claim of financial hardship is acceptable.

Hi. I also filed a petition for K-1. You should know that Casa is one of the toughest consulates out there. And the reason it is so tough is because there is so much fraud coming from Morocco. That being said, I did meet my fiancee and even spent three months with his family yet they still didn't believe it was a valid relationship. (We are getting married next month). Fiancial difficulty is not a valid reason for failure to meet. You are expected to have adequate finances or at least adequate financial support once he arrives anyway.

But here's something else to think about even if you do make it at interview.... do you really want to agree to marry someone you haven't met? Do your parents approve? Do his? All of these questions could possibly come up. It will be up to the two of you to prove a strong case.

Good luck.

[thongd4me 69]

Having said that, here are my questions. My fiancé (Morocco) and I (US Citizen) have not yet physically meet in person. We met on the Internet. So I made a passionate request to the USCIS office to have the requirement to physically meet within two years of filing the I-129F form waived due to financial hardship. I provided what I thought was pretty good evidence to support my claim of financial hardship, but I'm very anxious as to whether or not the adjudicator will feel that my claim of financial hardship is acceptable.

Hi. I also filed a petition for K-1. You should know that Casa is one of the toughest consulates out there. And the reason it is so tough is because there is so much fraud coming from Morocco. That being said, I did meet my fiancee and even spent three months with his family yet they still didn't believe it was a valid relationship. (We are getting married next month). Fiancial difficulty is not a valid reason for failure to meet. You are expected to have adequate finances or at least adequate financial support once he arrives anyway.

But here's something else to think about even if you do make it at interview.... do you really want to agree to marry someone you haven't met? Do your parents approve? Do his? All of these questions could possibly come up. It will be up to the two of you to prove a strong case.

Good luck.

I have had many casual friendships online before I met my now wife.

I did meet a handful (all of them stateside, none overseas) and most

often the online compatibility melted away within the first 5 minutes of meeting,

with only a few exceptions. Even those ones who were exceptions were not

worth meeting a second time. There was no way (even with my wife who I

had chatted with for 14 months before meeting) I would have made a

petition to bring someone here without knowing them in person. That

is coming from someone who is far enough from the poverty level to

support a K-1 petition.

It so happened that when we met in person it WAS love at first sight for both,

but that is extremely rare. Most often one is more enthusiastic than the other

and has to be convinced in order to be brought on board. When we met

we also mutually understood that the POE, the final goal, would most

likely be a few years off. In the end it was much MORE than a few years

and neither of us blamed the other for that happening, as we were more

than pleased when our dream was finally realized. A relationship that can

withstand the test of time is the best one. The OP is not that young, but also

not that old that maybe something can be worked out. Unfortunately the

K-1 sent before actually meeting will be a sobering lesson learned, but

that will ultimately give you the time to do it the right way.