My last approved K-1 was in 2001. Why do I need an IMBRA waiver?

[Nellag 0]

The filling limitation law states that:

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has 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 the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

I have filed only one K-1 in the past that was approved in 2001. Why are they requesting that I must apply for a waiver?

[payxibka 10,044]

The filling limitation law states that:

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has 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 the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

I have filed only one K-1 in the past that was approved in 2001. Why are they requesting that I must apply for a waiver?

I would say based on your timeline when your case was originally filed, you used the outdated I-129F form (because it was the only one available). Everyone who originally filed cases between March 6th and sometime in the early to mid summer (when the updated I-129F was made available) received the IMBRA RFE. It was pretty much standard procedure.

[Nellag 0]

I understand everyone that used the outdated forms received the IMBRA RFE but in my case, in reference to a previous petition I had filed, I am been asked to request for a waiver even though that petition was filed and approved five years ago. I thought the waiver request applies only if this was my third application. This is my second K-1 application coming after one that was approved in 2001.

[payxibka 10,044]

I understand everyone that used the outdated forms received the IMBRA RFE but in my case, in reference to a previous petition I had filed, I am been asked to request for a waiver even though that petition was filed and approved five years ago. I thought the waiver request applies only if this was my third application. This is my second K-1 application coming after one that was approved in 2001.

Then I am at a lost for a reasonable explanation...... This is my second K-1 petition as well and I did not request a waiver with my submission because I did not meet the criteria for needing one as with you. Strange.......

[1HappyGuy 45]

I agree that you shouldn't be required to file a waiver. But, the way the USCIS is interpreting IMBRA, if you have filed a second or more K-1 application then you need a waiver. This is contrary to the way the law is written but that's what's happening. It sucks but it is the way they are interpreting it. With your waiver, be specific as to case numbers, dates and eventual outcome of the application and previous fiancee.

If you are looking for information about IMBRA use this search engine or just any other search engine and make the subject IMBRA. You should find the law with many other comments and suggestions.