Must I request for an IMBRA waiver?

[Nellag 0]

I am sorry if I had to re-post this under General Discussion. I need an answer and it seems less people pay attention to the IMBRA section of the forum. Here goes my post again:

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 but I received an RFE stating that I must request for a waiver? I understand everyone that used the outdated forms received the IMBRA RFE but in my case, in reference to a previous petition I had filed, I am been asked to request for a waiver even though that petition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.

Edited December 29, 2006 by Nellag

[kitkat1 5]

This is my second K-1 application coming after one that was approved in 2001.

If the petitioner has filed two or more K-1 visa petitions at any time in the past, the petitioner must request a waiver.

You answered your own question - yes you need a waiver. Respond to the RFE and you'll be fine.

[*julez* 124]

Why ask why? If USCIS is requesting a waiver, submit it and get on with things - there are several VJers in your situation who requested waivers and had them granted. Simply explain what happened the first time around and why you feel you qualify for a waiver. Good luck!

[Nellag 0]

Thanks for your responses but I think this is where the confusion is. I have only filed one K-1 application in the past prior to this one, and there are numerous people in this forum who filed a second K-1 application and were not required to request for a waiver. Also, although my previous K-1 was approved, the law seems to be concerned if you "previously had a K-1 visa petition approved within two years prior to the filing of the current petition". It has been 5 years and I do not have in my possession the receipt number, A#, etc of that previous petition that they require.

Anyone here with similar experience?

[Yodrak 7]

kitkat,

My reading of the requirement is the same as Nellag's - he has filed only one K-1 visa petition at any time in the past. His current petition is not 'in the past'.

Yodrak

This is my second K-1 application coming after one that was approved in 2001.

If the petitioner has filed two or more K-1 visa petitions at any time in the past, the petitioner must request a waiver.

You answered your own question - yes you need a waiver. Respond to the RFE and you'll be fine.

Nellag,

Keep your eye on the goal. You can either argue the need for the waiver or you can write the waiver. The latter will be easier and will get your petition approved more quickly.

Yodrak

Thanks for your responses but I think this is where the confusion is. I have only filed one K-1 application in the past prior to this one, and there are numerous people in this forum who filed a second K-1 application and were not required to request for a waiver. Also, although my previous K-1 was approved, the law seems to be concerned if you "previously had a K-1 visa petition approved within two years prior to the filing of the current petition". It has been 5 years and I do not have in my possession the receipt number, A#, etc of that previous petition that they require.

.....

[Nellag 0]

Thanks, Yodrak

[kitkat1 5]

kitkat,

My reading of the requirement is the same as Nellag's - he has filed only one K-1 visa petition at any time in the past. His current petition is not 'in the past'.

I read that as "I filed one in 2001. I then filed two more after 2001."

Regardless, they sent an RFE for a waiver. Simply fill it out and return it (along with an explanation that you don't really need the waiver according to the law, if you want). Otherwise, you'll be wasting time trying to explain to them why you don't need it IMO.

[Nellag 0]

Thanks, Kitkat

[1HappyGuy 45]

If you reviewed some of the previous discussions under the IMBRA forum, you would have seen many others have had a difficult time with the USCIS's interpretation of this law. The bottom line is they are interpreting it for anyone that has previously filed for a K-1 and demanding a request for waiver. You should review some of the examples others have posted in preparation for your waiver request.

Regardless of how you feel about IMBRA, everyone that files for a K-1 is impacted by this bad law. Don't get angry, just prepare a well thought out request for waiver with good, truthful explanations. You have done nothing wrong, it is just another bad law we all have to deal with.

[Max2 0]

Nellag,

I just received the same exact waiver request on my K1. What was the outcome of yours?

Thanks,

Max.

[Waitlisted 0]

I am on my third visa petition now and I agree this waiver stuff can be confusing. Once you understand it though, it is really no big deal.

In my case I am filing twice for the same girl and I married and divorced a girl in between those two filings.

Obviously, I had to request a waiver. Just explain your circumstances, provide your evidence as required and hope for the best. Don't spend a lot of time trying to figure out if you need a waiver. The bottom line is, if you have filed more than once, request a waiver. Do it now! The sooner you do it the sooner it is done.

[Tulip-Bee 0]

Hi!

We're ready to apply for our second K-1. First petition was approved, but we didn't get marry 'cause my fiancee had to go back to her native country owing to some family reasons. We didn't break the 90-days term or any other laws. All we need now is to attach the letter with full explanation of what happened to our new petition, right? We are confused if there is RFE after it, or this letter will already be a "request for waiver" itself? Is there any special form for such waiver or no?

Thanks everyone for help!

[Old Dominion 26]

The request for waiver is easy to write in just a few minutes' time. Just explain the circumstances briefly. I have never heard of any request for waiver that was not approved as part of an otherwise complete petition.