Please help I am being denied

[Antonio y Olga 1]

Over two years ago I met this foreing woman while she was in the US, we married and I applied to her legalization, she was granted temporary documents on August 11th 2005, later on I found out she had been cheating on me, fourteen days after August 11th I submitted notice to the Immigration department that she had been playing me all along, from what I know she never obtained her papers.

I filed my fiance who is a decent woman whom I adore and received my NOA1 on July 11th, today I receive in the mail an "intent to deny", my lawyer had filed a waiver, it's been over two years...anyway but they are now asking for a waiver...I am desperate, I'm crying and out of my mind at the moment, any advice would be sincerely welcome...please help

[~Laura and Nick~ 5]

Over two years ago I met this foreing woman while she was in the US, we married and I applied to her legalization, she was granted temporary documents on August 11th 2005, later on I found out she had been cheating on me, fourteen days after August 11th I submitted notice to the Immigration department that she had been playing me all along, from what I know she never obtained her papers.

I filed my fiance who is a decent woman whom I adore and received my NOA1 on July 11th, today I receive in the mail an "intent to deny", my lawyer had filed a waiver, it's been over two years...anyway but they are now asking for a waiver...I am desperate, I'm crying and out of my mind at the moment, any advice would be sincerely welcome...please help

were you legally divorced from your wife?

[Minya's wife 25]

Over two years ago I met this foreing woman while she was in the US, we married and I applied to her legalization, she was granted temporary documents on August 11th 2005, later on I found out she had been cheating on me, fourteen days after August 11th I submitted notice to the Immigration department that she had been playing me all along, from what I know she never obtained her papers.

I filed my fiance who is a decent woman whom I adore and received my NOA1 on July 11th, today I receive in the mail an "intent to deny", my lawyer had filed a waiver, it's been over two years...anyway but they are now asking for a waiver...I am desperate, I'm crying and out of my mind at the moment, any advice would be sincerely welcome...please help

I'm assuming you obtained a legal divorce from your first wife and included copies of that documentation in this second petition?

What exactly does the "intent to deny" state? There should be a reason why the application is being denied. If it has been over two years since you last petitioned for a fiancee, why would your lawyer initially file a waiver as it was not necessary? I'm not sure why they would be asking for another waiver if they already had one filed with the petition.

Your post is a bit confusing. Perhaps if you can be a bit more clear we can assist you better.

Good luck,

-P

[~Laura and Nick~ 5]

(oops, sorry L&N beat me to it! )

Sorry Mox!

Edited November 20, 2007 by ~Laura and Nick~

[Antonio y Olga 1]

(oops, sorry L&N beat me to it! )

Sorry Mox!

No prob, just shows that great minds think alike.

To the OP: It would really help if you can also post what the notice of intent to deny said. Also, what has your lawyer said about the letter?

I was legally divorced from my ex-wife and that evidence was submitted; my lawyer said at the time he was attaching a waiver regardless but now they are asking for one which is confusing, makes me suspect my attorney, he may not have filed it anyway.... the notice says "since the petitioner has had a previous K-1 visa petition approved withitn two years prior to filing this petition, the petitioner must apply for a waiver. To apply for a waiver, the petitioner must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate, together with any evidence in support of the petitioner's request". Examples of such evidence may include but it not limited to: a death certificate, police reports, news articles or medical reports from a licensed medical professional regarding the death of incapacitacion of an alien approved for a prior K-1 visa. The petitioner is afforded 30 dyas from the date of this notice to submit additional information"....

My attorney says that no matter what happened after the case was approved, i.e. my withdrawing my application, the proof of adultery, etc. that the only thing that matters is the date of filing, now true my application date has a July 11th NOA1 and the prior approval ocurred August 11th, 2005, just shy one month of two years.

I have proof that I submitted my withdrawal of the Affidavit of Support and from what I know (not 100% certain) she was never issued a permanent or even a temporary green card since I alerted immigration of her fraud, I have pictures that document the adultery.

Could you please help me with suggestions of evidence I can present? I have found a wonderful woman now and I see an enormous injustice in the system denying me an opportunity to marry and live with the woman I adore....please help !!!!

[rebeccajo 14]

Head on over to the IMBRA forums and read up.

I think if you research over there, you'll find out your situation is not so grave.