Has anyone else received this?

[ariana05 0]

I received a mail from CSC today. It stated that I, the petitioner, have filed two or more K-1 visa petitions in the past, or previously had a K-1 visa petition approved within two years prior to the filing of this petition.

I previously filed one I-130 petition but never a I-129F for my ex-husband but that was cancelled by me before it was sent to the embassy. And that was the only petition I filed with USCIS.

Is that I-130 considered a I-129F?

[michellek1976 0]

I would not have thought a I-130 is considered a I-129F. But if they consider it as the same you should have provide a waiver request when you sent back your IMBRA RFE. The number of previous petitions is something now governed by IMBRA.

Might be time to consult with an attorney to get your case back on track.

Good luck.

[Caladan 19]

The IMBRA rules cover both K-1 and K-3 visa classes, so if you filed for a K-3 and then a K-1, both would show up as applications. I'm guessing that the I-130 counts as far as the database is concerned.

[ariana05 0]

The IMBRA rules cover both K-1 and K-3 visa classes, so if you filed for a K-3 and then a K-1, both would show up as applications. I'm guessing that the I-130 counts as far as the database is concerned.

I never filed a K-3. I filed a I-130 only.

I would not have thought a I-130 is considered a I-129F. But if they consider it as the same you should have provide a waiver request when you sent back your IMBRA RFE. The number of previous petitions is something now governed by IMBRA.

Might be time to consult with an attorney to get your case back on track.

Good luck.

Thank you. I am going and type up my waiver now

[William33 110]

ariana05,

I would strongly suggest that you consult an Immigration attorney, specializing in family immigration.

Intent to deny is serious business. Call tomorrow.

I received a mail from CSC today. It stated that I, the petitioner, have filed two or more K-1 visa petitions in the past, or previously had a K-1 visa petition approved within two years prior to the filing of this petition.

I previously filed one I-130 petition but never a I-129F for my ex-husband but that was cancelled by me before it was sent to the embassy. And that was the only petition I filed with USCIS.

Is that I-130 considered a I-129F?

[ariana05 0]

ariana05,

I would strongly suggest that you consult an Immigration attorney, specializing in family immigration.

Intent to deny is serious business. Call tomorrow.

The cover letter that was with the notice stated that I have until October 22th to respond so I am going to try and take care of it myself and if that doesn't work I will contact an attorney. It also stated that I need to file a waiver. But I just wasn't aware that a I-130 was the same as a I-129F. Thanks though that is my second choice if this fails.

Oh by the way congrats on youe visa

Edited September 29, 2006 by ariana05

[Krikit 1,163]

Not sure, but maybe this sentence is applicable to your case?...

IR-1 / CR-1 Spouse Visa General Discussion

If you are married to a non US Citizen and you both wish to live together and immigrate to the USA then the IR1 / CR1 visa is a possible option for you. Please note that all K-3 applicants have already filed for this visa by default (the I-130 you filed). If this option is faster than the K-3 then you can abandon your K-3 Visa and get this one instead.

Edited September 29, 2006 by Krikit

[ariana05 0]

Not sure, but maybe this sentence is applicable to your case?...

IR-1 / CR-1 Spouse Visa General Discussion

If you are married to a non US Citizen and you both wish to live together and immigrate to the USA then the IR1 / CR1 visa is a possible option for you. Please note that all K-3 applicants have already filed for this visa by default (the I-130 you filed). If this option is faster than the K-3 then you can abandon your K-3 Visa and get this one instead.

It would if I filed a K-3. But I never did.

[meauxna 15]

Thank you. I am going and type up my waiver now

Why would you apply for a waiver for something you never did?

Wouldn't you like to find out why they've credited this error to you?

[aussiewench 9]

Hmmmmmm interesting. According to the instructions on the I-129F the filing limitations only apply to previous K-1 petitions filed. According to the IMBRA iteself it applies to K nonimmigrant petitions whether fiance or spouse. I think someone may have their wires crossed to be also applying it to prior immigrant visa petition.

From the I-129F instructions....

Filing Limitations on K Nonimmigrant Petitioners.

If you have 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 this petition, you

must apply for a waiver. To request a waiver you must

submit a written request with this petition accompanied by

documentation of your claim to the waiver.

From the IMBRA........

‘‘(4)(A) The Secretary of Homeland Security shall create a database

for the purpose of tracking multiple visa petitions filed for

fiance´(e)s and spouses under clauses (i) and (ii) of section

101(a)(15)(K). Upon approval of a second visa petition under section

101(a)(15)(K) for a fiance´(e) or spouse filed by the same United

States citizen petitioner, the petitioner shall be notified by the

Secretary that information concerning the petitioner has been

entered into the multiple visa petition tracking database. All subsequent

fiance´(e) or spouse nonimmigrant visa petitions filed by that

petitioner under such section shall be entered in the database.

‘‘( B )(i) Once a petitioner has had two fiance´(e) or spousal petitions

approved under clause (i) or (ii) of section 101(a)(15)(K), if

a subsequent petition is filed under such section less than 10

years after the date the first visa petition was filed under such

section, the Secretary of Homeland Security shall notify both the

petitioner and beneficiary of any such subsequent petition about

the number of previously approved fiance´(e) or spousal petitions

listed in the database.

101(a)(15)(K). refers to both the K-1 and K-3.....It does not include the CR-1 spouse visa.

As with Mo, I would suggest first to try and find an explaination as to why this has been applied in your case. If not successful in having it overturned I would just comply and submit the waiver with documentation. Would also bring it again to their attention that it only applies to prior K-1 petitions according the I-129F instructions.

All the best to you.

Lorelle

Edited September 29, 2006 by aussiewench

[ariana05 0]

Hmmmmmm interesting. According to the instructions on the I-129F the filing limitations only apply to previous K-1 petitions filed. According to the IMBRA iteself it applies to K nonimmigrant petitions whether fiance or spouse. I think someone may have their wires crossed to be also applying it to prior immigrant visa petition.

As with Mo, I would suggest first to try and find an explaination as to why this has been applied in your case. If not successful in having it overturned I would just comply and submit the waiver with documentation. Would also bring it again to their attention that it only applies to prior K-1 petitions according the I-129F instructions.

All the best to you.

Lorelle

I called USCIS today after receiving the mail and she just kept telling me to put it in writing. When I asked her if my I-130 that I previoulsy filed was considered the same as a I-129F and she said yes but it didn't make sense to me.

Thank you. I am going and type up my waiver now

Why would you apply for a waiver for something you never did?

Wouldn't you like to find out why they've credited this error to you?

I'm applying for a waiver because in the letter I received it stated that I need to and the person I talked to on the phone told me that my I-130 is the same as a I-129F. So it is basically to cover me just in case.

[Caladan 19]

Aussiewench, if you look at #11 on page 4 of the I-129F instruction, it indicates that the database counts K-1s and K-3s when determining whether the beneficiary needs to be notified about the previous K petitions. But the waiver instructions at #4 on the first page say only if two or more K-1s have been filed is a waiver needed. (And it doesn't seem that the OP has two prior petitions filed, let alone two prior K-1s.)

This is indeed very strange, and it sounds like crossed wires. Maybe the wrong box is checked in the database? Or a false name hit?

[ready4ONE 5,400]

I would suggest dropping $50 bucks or so and consulting Attny Laurel Scott by phone.

http://visacentral.net/ <--- her website.

Good luck!

[rebeccajo 14]

Well we've been saying it's odd that the K-3s have not been affected thus far by IMBRA when the law was originally implemented to cover them as well....

....first blush?

[aussiewench 9]

Well we've been saying it's odd that the K-3s have not been affected thus far by IMBRA when the law was originally implemented to cover them as well....

....first blush?

They have been affected just not in the entirity that the IMBRA itself appears to of intended. The stupid part about the situation with the OP is they never even filed a K spousal petition (I-129F) prior to this current petition. The OP had filed an immigrant petition (I-130) which is not even mentioned in the IMBRA nor on the I-129F instructions as being included in the laws governing 'multiple petitions' with the need to file a waiver. A K-3 may require the filing of the I-130 prior to the filing of the I-129F, but the I-130 is not apart of the K-3 non-immigrant visa, it is used for adjustment of status once entered on the K-3. But you know that already