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Wavier Requested

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Filed: Timeline

I have received a notice to deny and requesting me to submit a waiver for the K-1 visa that I applied for on Feb of 2006. That K1 visa was approved, however the relationship between her and I was terminated without her ever setting foot on U.S. soil.

Now I have met a new girl and applied for a fiancé visa. The application was submitted on first few days of March 2007. I received a letter yesterday that states:

"Since the petitioner has filed two or more K-1 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, the petitioner must apply for a waiver."

I would appreciate any help any suggestion on how to go about handling this.

Furthermore, what is the request for waiver’s form number and where can I download it from?

Thanks.

Petition for first fiancée visa

----------------------------------------------------------------------------

2006-01-31 - Sent I-129F to California Service Center

2006-01-31 - NOA1

2006-04-25 - It became clear that our relationship wound not work-out

2006-05-02 - NOA2

2006-05-12 - My attorney advised me that no further action regarding the withdrawal of the approved petition is required.

2006-09-01 - NOA2 expired and she never set foot on U.S. soil

Petition for second fiancée visa (not the same woman as the first)

----------------------------------------------------------------------------

2007-02-28 - Sent I-129F to California Service Center

2007-03-08 - NOA1

2007-06-07 - Recieved Intend to Deny (IMBRA). - Request for waiver of limitation

2007-06-15 - Mailed in the request for waiver as well as the supporting documents

2007-06-20 - CSC Received package

2007-06-28 - Touched

2007-06-29 - NOA2 was approved

2007-07-05 - Received NOA2

2007-07-10 - Called CSC - waiting to be shipped to NVC

2007-07-18 - Called CSC - waiting to be shipped to NVC

2007-07-23 - Called NVC - They have not received the package yet

2007-07-24 - Called CSC - The file is in waiting to be shipped to NVC

2007-07-26 - Called NVC and was told that they received the package yesterday and was sent to the embassy today

2007-08-04 - Interview date is set for 09/04/2007

2007-09-04 - Interview went very well and told her to return tomorrow and pickup her passport and visa

2007-09-05 - Told her there is a technical difficulty and the embassy will contact her when the visa is ready

2007-09-14 - She finally received her visa

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Filed: K-1 Visa Country: Mexico
Timeline
I have received a notice to deny and requesting me to submit a waiver for the K-1 visa that I applied for on Feb of 2006. That K1 visa was approved, however the relationship between her and I was terminated without her ever setting foot on U.S. soil.

Now I have met a new girl and applied for a fiancé visa. The application was submitted on first few days of March 2007. I received a letter yesterday that states:

"Since the petitioner has filed two or more K-1 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, the petitioner must apply for a waiver."

I would appreciate any help any suggestion on how to go about handling this.

Furthermore, what is the request for waiver’s form number and where can I download it from?

Thanks.

There is no form for the waiver - the information for what you need to provide is available directly on the I-129F. Simply write a letter of explanation and attach evidence if there is any. You can find a sample letter on this IMBRA thread as well as links to other sources of information:

http://www.visajourney.com/forums/index.ph...c=49335&hl=

http://www.uscis.gov/files/form/I-129F.pdf

If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regardingthe death of an alien approved for a prior K visa.

Edited by kitkat1
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  • 5 weeks later...
Filed: K-1 Visa Country: Singapore
Timeline

We have a very similar situation. My fiance previously filed for his first K1 last Jan. 2006 but it didn't work out, she never set foot in the US and it was officially cancelled November 2006. He filed for the 2nd K1 (for me last Jan. 2007. We got out NOA1 in the same month but got a notice last march 15 that our file was being transferred to a local office. We haven't heard anything since then. We have no clue whats going on.

Kindly update your current status, atleast it gives me hope that we might have a chance after all..Thank you.

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Filed: K-3 Visa Country: Thailand
Timeline

What was the reasoning to not go with a K-3? Just curious, really. Trying to learn.

2-2-07 Sent I-129F to NSC

2-6-07 NSC received USPS mail, NSC then to CSC

2-15-07 NOA1 -file received

2-16-07 check cashed

2-23-07 touched

5-4-07 NOA2 approval -email

5-13-07 sent cancellation request letter

6-7-07 we're going to retry with a K-3

8-6-07 married in Thailand (dual language, dual representation prenuptial)

8-7-07 sent K3 from Bangkok

9-10-07 I-130 NOA1, (received at CSC 8-9-07)

10-9-07 sent I-129F to CSC

11-1-07 touched I-130

requested consular processing I-130 (http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf)

9-13-07 I-129F for Spouse arrived CSC via USPS return rcpt. requested

4-1-08 NOA2 for K3 (I-134 supposed to be processed but processed I-129F instead)

7-11-08 interview Bangkok, passed.

7-16-08 POE arrival, 2 hours in Seattle Customs.

AOS I-486 sent 4-4-09

AOS NOA1 4-13-09 for all; I-485, I-131, I765

RFE 4-27-09 Thai official document in lieu of original Birth Certificate not sufficient???

Infopass appointment 5-26-09 at USCIS. Officer thought our doc was valid and doesn't know why the RFE.

7-28-09 EAD and AP sent

Social Security card 8-4-09

interview 9-10-09

10 year green card expires 9-17-19, Permanent Resident Card.

Resident since 9-10-09.

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Filed: Other Country: China
Timeline
What was the reasoning to not go with a K-3? Just curious, really. Trying to learn.

K3 is for married people. You can only "go for" a visa that is appropriate to your circumstances. Perhaps you are asking why they didn't choose to marry abroad.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: K-3 Visa Country: Thailand
Timeline
What was the reasoning to not go with a K-3? Just curious, really. Trying to learn.

K3 is for married people. You can only "go for" a visa that is appropriate to your circumstances. Perhaps you are asking why they didn't choose to marry abroad.

Yes, that's what I was wondering. Marry abroad or in petitioner's country, either way.

2-2-07 Sent I-129F to NSC

2-6-07 NSC received USPS mail, NSC then to CSC

2-15-07 NOA1 -file received

2-16-07 check cashed

2-23-07 touched

5-4-07 NOA2 approval -email

5-13-07 sent cancellation request letter

6-7-07 we're going to retry with a K-3

8-6-07 married in Thailand (dual language, dual representation prenuptial)

8-7-07 sent K3 from Bangkok

9-10-07 I-130 NOA1, (received at CSC 8-9-07)

10-9-07 sent I-129F to CSC

11-1-07 touched I-130

requested consular processing I-130 (http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf)

9-13-07 I-129F for Spouse arrived CSC via USPS return rcpt. requested

4-1-08 NOA2 for K3 (I-134 supposed to be processed but processed I-129F instead)

7-11-08 interview Bangkok, passed.

7-16-08 POE arrival, 2 hours in Seattle Customs.

AOS I-486 sent 4-4-09

AOS NOA1 4-13-09 for all; I-485, I-131, I765

RFE 4-27-09 Thai official document in lieu of original Birth Certificate not sufficient???

Infopass appointment 5-26-09 at USCIS. Officer thought our doc was valid and doesn't know why the RFE.

7-28-09 EAD and AP sent

Social Security card 8-4-09

interview 9-10-09

10 year green card expires 9-17-19, Permanent Resident Card.

Resident since 9-10-09.

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