Waiver for 3rd K1 visa needed

[Al422 221]

First of all for anyone who remembers me from 2 years ago, I am back.,

This time I will need a waiver because this is my 3rd K-1. No visa was ever issued on the first two, and the failures were 100% the fault of my prior fiances and 0% my fault.

The last one was approved 2 years and 4 months ago, so I am clear of that, and i have no conduct problems (criminal record, drugs, domestic violence, sex offender, etc).

My only mistake was believing the two prior fiances when they told me they believed, as I do, in the sanctity of a promise to marry. They were both liars.

Here is my request for a waiver. I did not send it yet. Please feel free to criticize it as I want the best possible product when I send this out.

I redacted the names for privacy since this is a public forum. Of course I will put them back in when I send out the real thing.

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Dear Sirs:

In support of my application for a fiancé visa for (NAME), I respectfully request a waiver from the numeric limitations of IMBRA. I have no history of domestic violence, drug violations, or any other conduct regulated by IMBRA. My sole problem is that I already filed 2 petitions for a fiancé visa in the past, and my sole mistake was believing that these two prior fiances took a promise to marry as seriously as I take such a promise. Now that I have finally found a fiancé who does take such a promise seriously, I ask that neither she nor I be penalized for the poor decisions of my two prior fiances to abandon me after they promised to marry me and broke that promise.

I met (FIANCE 1) in 2003 through a Russian marriage full service agency, the kind that books your hotel, picks you up at the airport, brings the lady to meet you, and everything else. It should be noted that this was pre IMBRA, and it should also be noted that this agency, when IMBRA was enacted, refused to service any American clients because they did not want to become IMBRA compliant.

Everything with (FIANCE1) went very well, in fact better than expected. We corresponded (through the agency) and spoke on the phone (through the agency) for almost one year until we met in Novosibirsk, Russia (through the agency). Well, to call the meeting love at first sight was an understatement. We spent a magical week together, ending in a marriage proposal by me and an immediate acceptance by her.

After returning home to New York, I quickly filed a petition with your office for a K-1 fiance visa. In that pre-IMBRA era, processing was rather quick, such that the I-129(f) got approved in a month. We followed all the instructions and set (FIANCE 1) up for an appointment for an interview at the US Consulate in Moscow.

But while (FIANCE 1) was in Moscow, some sort of switch went off in her head.’ She had gone to Moscow 3 weeks ahead of her appointment to do some contract work. I saw nothing wrong with that since her work did consist of contract work in Moscow and other cities in the past. But what was wrong is that she suddenly stopped contacting me as soon as she got there. She did not answer her phone, she did not respond to emails, and she did not even stay in touch with the agency.

Concerned that something happened to her, I sent a series of emails, each one more desperate than the one before. Finally on Day 19, she send me an angry email demanding to know HOW DARE I “bother” her with emails and phone messages when she is busy working and HOW DARE I contact the agency in an effort to find what happened to her. Her interview was in two days, and she decided, unilaterally, over my express objection, to postpone the interview until the next available date. Although she denied it, it was eminently clear to me that her intent was to punish me for DARING to express concern for her failure to contact me for 19 days.

When she returned to Novosibirsk, things went from bad to worse. (FIANCE 1) now began making outrageous demands, such as the demand that I had better start sending her money, and if I send enough of it she will “think about” attending her adjourned interview date. I replied by telling her that I had no intention of paying her to attend her interview and that if the visa was so unimportant to her that she was not willing to attend the interview for free, she should stay in Russia.

Fast forward to two months later, her adjourned interview date: She advised me by email that she could not attend that interview because she was going somewhere on business to a remote location that does not have internet or telephone. That advisement turned out to be a complete lie. The “remote location” she was going to was called Moscow. I discovered it because she was involved in a traffic accident while she was there and ended up in a hospital.

At that point, I had had enough of her insults, failure to contact me, failure to cooperate with the visa process, and now express lies. So being left with no alternative, I was forced to contact the consulate and withdraw my already approved I-129(f) petition. She already had all my financial documents and affidavit of support and was in a position to get the visa without my knowledge and come to New York and put the visa to fraudulent use. So I had to make sure the process was stopped in its tracks.

Fast forward to 2008: I met (FIANCE 2) on the well-known Russian marriage website Elena’s Models. This was not a full service agency but one that gave the man the lady’s email address and left him to his own devices to contact her and arrange a meeting. That was fine with me since I was already a seasoned international traveler. (FIANCE 2) explained that she was an experienced employee of a local marriage agency and understood the process well. I told her all about the sad story of (FIANCE 1), so she asked me to let her use her experience working for an agency and seeing what can go wrong to prevent the same thing from happening to us. Anxious to avoid a repeat of my earlier experience and knowing that this would be Petition #2, now under IMBRA, I agreed.

We met in Ekaterinburg, Russia in 2009 through our own arrangements and had a magical week similar to the one I had in 2004. Although I asked for her hand in marriage, she reminded me that I was about to make the same mistake I made in 2004. She said that she could not give me an answer yet but wanted to wait until she was sure so there was no possibility that 2004 would be repeated. Looking at the long term picture, I decided to defer to her wisdom.

We met again in New York later that year. Despite the odds against a single Russian woman getting a travel visa to the United States, she was confident she would get one. And she did. We spent 8 days over the Thanksgiving holiday, giving her the grand tour of New York City, including Broadway, Times Square and other sights. But much to my dismay, she turned down marriage proposal #2, telling me she was not sure yet. She assured me once more that once she is sure, she will accept and there would be no possibility she would change her mind.

So I attempted a third time to win her hand in marriage, inviting her back to New York for the summer of 2010. This time I was successful. She told me that she was now sure, that I could confidently file for an I-129(f) and that there was no possibility she would ever change her mind. I filed it in September, 2010.

Of course now we were up against IMBRA, the Help Haiti Act, and other delays. So it took 7 months for the I-129(f) approval instead of one month. But during the home stretch of that long 7 month delay, a switch went off in her head too. She decided, on her own, to take a vacation. Although I was outraged that my fiancé would even remotely consider taking a vacation without me, I held my tongue in our long term interests.

But that was not good enough for her. She accused me of “bombarding her” with SMS messages (a total of 10, 6 of which gave her flight information on her way to her two airplane flights), despite her failure to contact me even once. When she returned to Ekaterinburg, she told me she needed “time” to “collect her thoughts”. It turned out to be 58 days of stony silence. Finally 2 days after the I-129(f) was approved, she told me that she changed her mind and did not want to marry me.

As for her promise that she made to me, many times, that she would never, ever change her mind, she denied ever making such a promise and accused me of lying and making it up. The only liar here was her.

Since (FIANCE 2) did not have my financial documents and therefore could not possibly get the visa, I took no further action. I presume the petition was denied for her failure to attend her interview.

Now that I finally have a fiancé who really does love me and really does respect me and really does believe, as I do, in the sanctity of a promise to marry, I respectfully request a waiver from the numerical limitations of IMBRA.

[TBoneTX 44,674]

for anyone who remembers me from 2 years ago, [...] this is my 3rd K-1 [...] the failures were 100% the fault of my prior fiances and 0% my fault.

Friend Al, the opinions of others might differ.

Edited August 12, 2013 by TBoneTX

[Steve&Anna 3]

Al,

I'm not an attorney, so this is just my opinion. It seems that the core issue you are using to justify a third K1 is that the prior relationships both ended unexpectedly due to your fiancee(s) changing their minds. Everything else is too much information that actually does not help your request. Your proof is that both women never made it to the interview to complete the process.

Good luck

[Al422 221]

So you think i am in good shape for the waiver? It did not strike me as a hard one to get. I passed the 2 year mark on the last one, so that is off the table, and I have no history of actually bringing a bride here.

Friend Al, the opinions of others might differ.

Only one opinion matters, and that is the opinion of the adjudicator.

[TBoneTX 44,674]

If that's what you think.

[stevie b 141]

sounds awfully full of story telling to be a legal request for a waiver

lies, vacations, text messages, assurances.. too many words.. save that story for your relationship letter

[Al422 221]

Well it is attached to the I-129(f) petition, so maybe I don't need a relationship letter any more.

[Andy and Pui 16]

I would have kept it short and simple.

Al, I never thought I would see you back here. Going to have to start monitoring the K1 forms for some up coming one liners from you regarding this process.

[Al422 221]

By the way, it flew. I just got my NOA2. Yes my waiver request was probably unnecessarily long, but better too long than too short.