Notice of Intent to Deny

[Nagishkaw 510]

I dug through some info (when I was working on my petition) and found this:

IMBRA limits a US petitioners sponsorship of K-1 fiance to 2 total, with no less than 2 years between the filing of the last approved petition and the current petition. If you can be justified, a petitioner may seek a descretionary waiver of these limits from DHS.

IMBRA creates a government database to track serial K-1 visa petitioners filed by the same U S petitioner and to notify the foreign fiance or spouse of prior K-1 petitions. The notification requirement is triggered after the petitioner has had two or more K petitions approved and files a third petition within 10 years of the date of the first petition was filed. ( Section 832 (a)(2)

You may want to add in your request for a waiver that one past approved petition does not equal two, but if the Service in it's descretion requires a waiver, then you, the petitioner, respectfully request one be granted. Submit all of you evidence.

[pushbrk 12,898]

Moving this to IMBRA forum where others who are more familiar may be able to give constructive comments.

We will need to know the exact wording of the NOID and not (as others said) your analysis.

OK, fair enough. The NOID states:

"USCIS intends to deny this petition pursuant to 8 C.F.R. 103.2 b (1) (An applicant must established eligibility for a requested immigration benefit. An

application form must be completed as applicable and filed with any initial evidence required by regulation...)

As of March 6, 2006, a petitioner must meet the requirements established by the IMBRA...Among other requirements, IMBRA imposes limitations on the number of I-129F K-1 petitions a petitioner may file of has had approved without seeking a waive of those limitations. USCIS records show the petitioner has filed, or has had approved, more than the permitted number of K-1 visa petitions without being required to submit a waiver.

Since 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 this petition, the petitioner must aply for a waiver. To apply for a waiver, the petitioner must attach a signed and dated request for the waiver, explainaing why a waiver would be appropriate, together with any evidence in support of the petitioner's request. Examples of such evidence may include, but is not limited to: statements made by the petitioner regarding his/her filing history and outcome of all previous I-129F petitions filed.

Based upon the reasons stated above, the petitioner is afforded 30 days from the date of this notice to submit additional information, evidence or arguments to support the petition and in opposition to this denial. Failure to respond to this request will result in the denial of the petition."

They are asking you to apply for a waiver, as described in the bolded section above. I must say, all this about continued cohabitation with your former wife is not something I would have disclosed. It is likely to bring the bona fides of your current relationship into great question. You've already mentioned but I would stop your explanation of the former relationship at the point the divorce was final and then resolve the current living situation ASAP.

Nagi,

According to the OP, his one previous filing was in 1999 and resulted in a marriage that was terminated in 2006. If I understand IMBRA laws correctly, the OP would have no reason to request a waiver upon filing, would he?

-P

Not according to any reasonable interpretation of the statute's language but USCIS has been interpreting the wording such that they require a waiver request for the second filing. Go figure, then go file the waiver request.

I would avoid argument about whether a waiver is needed and just request it. The request is highly likely to be honored.

And yes, absolutely the petition is in jeapardy. They don't call it a Notice of Intent to Deny for nothing.

Edited January 16, 2008 by pushbrk

[Seattle2Cebu 0]

do you plan to get the ex wife out of the house before your future wife gets here??]

[SqdnGuns 21]

I received a NOID on Dec 24, 2007 for IMBRA and another issue that I had already provided info for. Back in '99, I married a Turk/Swede while living in Sweden. Filed for her visa at US Embassy in Stockholm May '99 and received it in Sept '99. We divorced in Florida back in '03.

I replied to my NOID by just giving more details of my previous marriage and giving them another certified copy of the divorce decree. I also told them I had no idea what her A# was and we are no longer in contact and had no idea what the forms were that we filled out at the Embassy in Stockholm.

Got my NOA2 Today!! Funny thing is I called on the 22nd and was told it was under review and the NOA2 is approved as of the 23rd.

[joyce_peter 1]

Nagi,

According to the OP, his one previous filing was in 1999 and resulted in a marriage that was terminated in 2006. If I understand IMBRA laws correctly, the OP would have no reason to request a waiver upon filing, would he?

-P

Correct, but I would get a lawyer involved and have the lawyer file a letter requesting a waiver to the multi K-1 rule on the grounds that it does not apply in this case.

hi,

we are also required to file a waiver and my fiance hired an attorney to make the waiver..and now we submit the waiver already last week...because he had filed also a k1 previously...