IMBRA Waiver/Please Help

[stephenb 0]

One year ago I went through the K1 process and everything was approved, when we set up or interview my fiance broke it off (father didn't approve)and we never made it to the interview. Anyway a year later and I have been lucky to find another beautiful woman to fall in love with. We have spent a lot of time together in her country and decided to get engaged. I was about to hire a lawyer only to find out about the IMBRA thing. Very hard to find out any info on what and how to take care of this. Please tell me what and how to file the correct papers and where to find such forms.

Thanks, Lost!

[SnowyTater 0]

Hi stephenb.

Guess what I have no idea! I'm sorry But your topic was getting lost so I thought it should be pulled back up for when the L33t ones are around.

IMBRA is the international marriage broker stuff, so you only have to worry about that if you met your new fiance through one of those services. If you just met her by chance then you don't have to file through all that, but there might still be a waiver involved since this is the second fiance you've filed for in the last 2 years (?) I know I've heard you have to write a letter as a waiver, explaining what happened with the first fiance and the circumstances. So maybe there's no special form at all, you just go through the usual petition, check yes on the I-129 where it asks if you've petitioned someone before, and attach a letter?

I'm sorry, this is really unhelpful.

Here's a list of ALL the USCIS forms (that I know of). I bet it's on here somewhere, you just have to find it. And usually there's' instructions with the forms.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Nagishkaw 510]

You will be submitting a written letter requesting a waiver with your petition. You will explain the circumstances along with any evidence you have to support what had happened regarding your last petition.

Read Post # 1 . This is a very good read :

http://www.visajourney.com/forums/index.php?showtopic=53412

[stephenb 0]

Hi stephenb.

Guess what I have no idea! I'm sorry But your topic was getting lost so I thought it should be pulled back up for when the L33t ones are around.

IMBRA is the international marriage broker stuff, so you only have to worry about that if you met your new fiance through one of those services. If you just met her by chance then you don't have to file through all that, but there might still be a waiver involved since this is the second fiance you've filed for in the last 2 years (?) I know I've heard you have to write a letter as a waiver, explaining what happened with the first fiance and the circumstances. So maybe there's no special form at all, you just go through the usual petition, check yes on the I-129 where it asks if you've petitioned someone before, and attach a letter?

I'm sorry, this is really unhelpful.

Thanks, It actually was helpful!

Here's a list of ALL the USCIS forms (that I know of). I bet it's on here somewhere, you just have to find it. And usually there's' instructions with the forms.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Samuel + Retchel 0]

I submitted for a second K1 within 3 months of the last K1's approval. I just received an email stating they approved the second K1. I sent a letter requesting a waiver with my 129F, no additional action was required.

One year ago I went through the K1 process and everything was approved, when we set up or interview my fiance broke it off (father didn't approve)and we never made it to the interview. Anyway a year later and I have been lucky to find another beautiful woman to fall in love with. We have spent a lot of time together in her country and decided to get engaged. I was about to hire a lawyer only to find out about the IMBRA thing. Very hard to find out any info on what and how to take care of this. Please tell me what and how to file the correct papers and where to find such forms.

Thanks, Lost!

[ding 1]

Multiple K petitions

IMBRA states that 2 or MORE (not 1 in the same) petitions need a waiver in subsequent petitions.

A July 21st, 2006 memorandum by Michael Aytes(emphasis added), states:

"B. Filing Limitations

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)."

But the database starts at the second petition even if it's for the same beneficiary.

"…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."

Yet, a US Citizen re-sponsoring the same beneficiary after a consulate returns the petition is now subject to the multiple petition waiver requirement- even though there is only one applying alien! California Service Center correspondence I have seen recently, informs petitioners that:

"The new IMBRA law requires that a second I-129F filed within two years of the first filing contain a waiver…". Such correspondence refers the petitioner to the Michael Aytes Memorandum of July, 2006. Again, note the absence of the words, "…with respect to two or more applying aliens…".

If 2 years between aproved petitions, no waiver needed.

I went with a K3 because we go through the CSC. They have sat on our I-129F and not given an NOA1 yet. See my timeline. It looks like I-130 is our route by negation of the I-129F.

quotes/source cited;

http://www.visajourney.com/forums/index.php?showtopic=53412

Edited February 23, 2008 by ding