rfe waiver

[ishatu 45]

Hello everyone i recently got an rfe requesting that i wright a waiver letter because i filed 2 other petitions in the past. does any body have any suggestions on what to write? My first one just expired cause i broke off the engagement and the second one was denied cause he coukd not prove to the interviewer that he and his ex was not living together.

[African Zealot 1,452]

Write exactly what you’ve explained here but expand and provide more detail, and give reasons why you need this particular fiancé in your life in the USA with you, why despite your past history perhaps implying otherwise you are actually not fickle minded and/or playing with the feelings/emotions of your foreign fiancées, and why all that put together makes you merit a favorable exercise of discretion by USCIS. Basically you’re explaining why the previous broken engagements were not your fault.

 

Alternatively get an attorney for that, waivers usually require specific skill and attorneys typically excel in cases like these by crafting together language & arguments for such purposes.

 

Quote

The International Marriage Broker Regulation Act (IMBRA, for short) places special restrictions on those individuals who have already sponsored an immigrant for a fiancée visa (K-1) but for some reason, that relationship is now over and the U.S. citizen wants to file another fiancé visa. IMBRA was created to protect the interests of foreign fiancées and ensure that U.S. citizen would-be spouses were not using these immigrant fiancées but never following through on marriage. 

 

Edited March 8, 2020 by Ray.Bonaquist

[payxibka 10,044]

I wrote my own. Did not require an attorney.   Just explain your facts and circumstances and request the  waiver 

[Pmta1 39]

You're referring to a multiple filer waiver. Assuming there's no criminal history, you will request a "general waiver" as opposed to an extraordinary or mandatory. 

You can/should write the waiver yourself because you know the details of your past better than an attorney. Your goal in this letter is to show them that despite having petitioned 2x in the past, your current relationship is genuine and explain the situations surrounding the past petitions. I've seen lots of information doing a google search on how to prepare this letter.

Edited March 8, 2020 by Pmta1

[ishatu 45]

The rye says I should provide documents to support my waiver. But. I don't know where to find documents from so long ago. Back in 2007. And 2015.

[ishatu 45]

3 hours ago, payxibka said:

I wrote my own. Did not require an attorney.   Just explain your facts and circumstances and request the  waiver 

Did you send in any supporting docs.?

[payxibka 10,044]

6 hours ago, ishatu said:

Did you send in any supporting docs.?

I believe so, but my facts and circumstances did not require much in additional evidence 

[SmallTownPA 71]

12 hours ago, Pmta1 said:

You're referring to a multiple filer waiver. Assuming there's no criminal history, you will request a "general waiver" as opposed to an extraordinary or mandatory. 

You can/should write the waiver yourself because you know the details of your past better than an attorney. Your goal in this letter is to show them that despite having petitioned 2x in the past, your current relationship is genuine and explain the situations surrounding the past petitions. I've seen lots of information doing a google search on how to prepare this letter.

 

I don't think you understand the IMBRA General waiver (and yes, I submitted a General waiver as part of my I-129F I submitted in 12/2019).

 

OP triggered the 'filed two or more I-129Fs' clause.  This is not criminal.  Just state what the resolution of the previous I-129Fs are.   The first petition expired.  Easy.  The second one was denied to due lack of bonafied relationship, this will take some explanation.

 

From the INSTRUCTIONS:

Item Number 5.a. General Waiver. If you have never been convicted of a violent criminal offense against a person or persons, submit evidence to show why a waiver is appropriate in your case.

 

A general waiver is appropriate for OP FOR THE FIRST PETITION because the petition (and he should list the A numbers, names and birth dates of the beneficiaries, and the case numbers) expired.  He should have a letter from USCIS stating this.  There was no claim of violence or abuse, just expired.

 

A general waiver for second petition is appropriate as the ONLY other waivers require committing or conviction of a violent criminal offense.  OP will have the burden of explaining why the petition was denied and explain why the 221(g) reasons were not fraud.  Basically this is your chance to to tell the USCIS adjudicator why the consulate CO was wrong in his assumption.  This evidence would be a letter from the woman, a letter from OP, and even a letter from the man that the CO though was part of the problem. 

 

I would not hire a lawyer, this is simple enough.

 

The only other option would be IR/CR-1. 

[Mi_Mo 27]

I received an RFE for the same matter, so I wrote my own waiver explaining in detail exactly what happened, in addition, I had a family member write a letter explaining what he knew about the previos fiancé and breakup. The letter was signed and notarized. I received my approval notice 3 days later. 😃

[ishatu 45]

6 hours ago, Moe&Mimi said:

I received an RFE for the same matter, so I wrote my own waiver explaining in detail exactly what happened, in addition, I had a family member write a letter explaining what he knew about the previos fiancé and breakup. The letter was signed and notarized. I received my approval notice 3 days later. 😃

Thanks Moe. I will take your advice and do the same thing. I will have my son write a letter cos he knows all abt the relationships. And get it notarized in the morning. I will let y'all know what happens. Or just check my time line in a month to see if I was approved.