Filed for K1 with IMBRA waiver request

[payxibka 10,044]

If you had 2 previous K-1s approved for the same person, and no Visa was ever issued, and outside of the time limitations:

1. Do you need to file a Waiver Request, since it was for the same person? I ask that cause I read a post at VJ that said it may not be required in that case.

A re-read of the language in the law indicates filing of petitions for 2 or more aliens. This would indicate that multiple petitions for the same alien does not fit the definition and a waiver would not be required.

Edited November 11, 2006 by fwaguy

[LookyWhatIFound 38]

If you had 2 previous K-1s approved for the same person, and no Visa was ever issued, and outside of the time limitations:

1. Do you need to file a Waiver Request, since it was for the same person? I ask that cause I read a post at VJ that said it may not be required in that case.

A re-read of the language in the law indicates filing of petitions for 2 or more aliens. This would indicate that multiple petitions for the same alien does not fit the definition and a waiver would not be required.

Wow! Is that from the USCIS site, back when I read what they stated it never mentioned, "2 or more aliens"? Wow that would mean I put the Waiver in unnecessarily!

Thanks!

Edited November 11, 2006 by LookyWhatIFound

[payxibka 10,044]

If you had 2 previous K-1s approved for the same person, and no Visa was ever issued, and outside of the time limitations:

1. Do you need to file a Waiver Request, since it was for the same person? I ask that cause I read a post at VJ that said it may not be required in that case.

A re-read of the language in the law indicates filing of petitions for 2 or more aliens. This would indicate that multiple petitions for the same alien does not fit the definition and a waiver would not be required.

Wow! Is that from the USCIS site, back when I read what they stated it never mentioned, "2 or more aliens"? Wow that would mean I put the Waiver in unnecessarily!

Thanks!

Not from the USCIS website but in one of my previous posts I "clipped" the wording directly from HR 3402. Obviously then I added my interpretation of the language..... Is my interpretation consistent with USCIS? I do not know....

[Jetson 0]

We need to differentiate between an approved "PETITION" and and approved "VISA". The language in the law says approved "PETITION" and the approval and issuance of an actual visa is moot because that occurs after the PETITION has been approved. Please remember that the I-129F petition is not the application for a "K" type visa, that occurs upon submission of the DS-156. Two very distinct and mutually exclusive processes (other than you are precluded from filing the application without experiencing the petition process).

LookyWhatIFound,

1) Please elaborate on "previous K-1 approved......no visa was ever issued". Do you mean a previously approved I-129F petition?

3) They do not differentiate between a K-1 approved where no visa issued and one that had a visa issued because the line of demarcation is PETITION approval which occurs before visa application.

Ok you just woke up some of my hybernating frustrations with the IMBRA Limitations rules.

I have some questions for anyone who has answers:

If you had 2 previous K-1s approved for the same person, and no Visa was ever issued, and outside of the time limitations:

1. Do you need to file a Waiver Request, since it was for the same person? I ask that cause I read a post at VJ that said it may not be required in that case.

2. More of a frustration with USCIS interpretation, why don't they differentiate between an approved K-1 where no Visa was issued and one that had a Visa issued?

3. Are K-3 petitons subject to these IMBRA limitations? In other words, would one have to file a Waiver Request along with a K-3 petition?

Yes fwaguy,

I meant previously approved I-129F petitions.

Ok, so if I were to marry my fiance and apply for a K-3 instead, would I have to file the Waiver Request?

Thanks

Do some research and you will find that the K3 (must file for I-30 first) is not subject to waivers, henceforth if you are already married you do not need to file a waiver. Where they may get you is at the embassy interview. Need to prove this is a legit marriage.

[LookyWhatIFound 38]

Do some research and you will find that the K3 (must file for I-30 first) is not subject to waivers, henceforth if you are already married you do not need to file a waiver. Where they may get you is at the embassy interview. Need to prove this is a legit marriage.

Yes I do need to do some research on that, but its still a bit early to give up on my current K-1 petition. I also need to find out if the embassy would allow me to file directly with them, in that case no I-129F needs to be filed.

I was considering the other case also, where you can file for the K-3 through the I-129F and Affidavit of Support with USCIS, where the I-129F still has the IMBRA babble on it.

Ok thanks, hopefully the K-1 will work out and all these options will be moot anyway.

Edited November 11, 2006 by LookyWhatIFound