NOID -Notice of Intent to Deny

[brazillove 0]

Hello Everyone,

I am Chuck - AKA - Brazil Love.

I have a similar problem as the others that have posted, but not so difficult. I just need to get the next step correct, on what direction to go.

I recieved the NOID: which reads:

"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."

I recieved the I-797F Notice of action

This is my situation: I did apply for a petition 2/22/2006 - and this new one was submitted 10/3/2007. I wasnt aware of the filing times and the applying twice situation. They are asking me to apply for a waiver. and explain why a waiver would be appropriate.

I broke up with my ex fiance, because she became pregnant by another man. I am engaged to another young lady I met on several trips ago to brazil.

I understand I get two petitions, but which direction should I go when Applying for the waiver. I am suppose to sign and date and explain in a letter along with this form what went wrong , and why I am applying for new petition?

I just dont want to mess up, and lose the money I paid for this thing.

Also, Would it be better to just go to brazil and get married there and start the process?

In need of help.

Thanks,

C

[pushbrk 12,893]

Hello Everyone,

I am Chuck - AKA - Brazil Love.

I have a similar problem as the others that have posted, but not so difficult. I just need to get the next step correct, on what direction to go.

I recieved the NOID: which reads:

"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."

I recieved the I-797F Notice of action

This is my situation: I did apply for a petition 2/22/2006 - and this new one was submitted 10/3/2007. I wasnt aware of the filing times and the applying twice situation. They are asking me to apply for a waiver. and explain why a waiver would be appropriate.

I broke up with my ex fiance, because she became pregnant by another man. I am engaged to another young lady I met on several trips ago to brazil.

I understand I get two petitions, but which direction should I go when Applying for the waiver. I am suppose to sign and date and explain in a letter along with this form what went wrong , and why I am applying for new petition?

I just dont want to mess up, and lose the money I paid for this thing.

Also, Would it be better to just go to brazil and get married there and start the process?

In need of help.

Thanks,

C

Yes, you write a letter explaining the circumstances and reason you are requesting a waiver. Your reasons sound fine, so I would expect adjudication to resume shortly after they receive your letter. Be sure to follow the instructions on your NOID, exactly as written.

[joyce_peter 1]

Hello Everyone,

I am Chuck - AKA - Brazil Love.

I have a similar problem as the others that have posted, but not so difficult. I just need to get the next step correct, on what direction to go.

I recieved the NOID: which reads:

"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."

I recieved the I-797F Notice of action

This is my situation: I did apply for a petition 2/22/2006 - and this new one was submitted 10/3/2007. I wasnt aware of the filing times and the applying twice situation. They are asking me to apply for a waiver. and explain why a waiver would be appropriate.

I broke up with my ex fiance, because she became pregnant by another man. I am engaged to another young lady I met on several trips ago to brazil.

I understand I get two petitions, but which direction should I go when Applying for the waiver. I am suppose to sign and date and explain in a letter along with this form what went wrong , and why I am applying for new petition?

I just dont want to mess up, and lose the money I paid for this thing.

Also, Would it be better to just go to brazil and get married there and start the process?

In need of help.

Thanks,

C

we have the same case,we received a NOID last dec.20 same with yout situation that my fiance need to apply for a waiver that states what happened with his previous filing cause he filed for 129-f also...but it did not work...and now he filed for me,and we hired an attorney to make the waiver stating everything...now we sent the RFE reply and right now our case processing has resumed...

[Haonie 0]

Hello Everyone,

I am Chuck - AKA - Brazil Love.

I have a similar problem as the others that have posted, but not so difficult. I just need to get the next step correct, on what direction to go.

I recieved the NOID: which reads:

"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."

I recieved the I-797F Notice of action

This is my situation: I did apply for a petition 2/22/2006 - and this new one was submitted 10/3/2007. I wasnt aware of the filing times and the applying twice situation. They are asking me to apply for a waiver. and explain why a waiver would be appropriate.

I broke up with my ex fiance, because she became pregnant by another man. I am engaged to another young lady I met on several trips ago to brazil.

I understand I get two petitions, but which direction should I go when Applying for the waiver. I am suppose to sign and date and explain in a letter along with this form what went wrong , and why I am applying for new petition?

I just dont want to mess up, and lose the money I paid for this thing.

Also, Would it be better to just go to brazil and get married there and start the process?

In need of help.

Thanks,

C

Let me share you my story.

I filed first K-1 on August 2006 and got approve on November 2006. I later figured out that we could not be together. The main reason was she did not love me “easy comes, easy go, and I knew itâ€. I withdrew my petition at US Consulate on January, 2007 before she had an interview. 2 weeks later, I received a letter from US Consulate that my K-1 package has returned to USCIS. I saved all NOA1, NOA2, NVC letter, Withdrew letter, and US Consulate’s letter.

On Feb 2007, I met my lovely fiancée “I finally find the oneâ€. I filed second K-1 with a letter explained how we broke up and also a letter requested for a Waiver. Make sure you include all your previous K-1 papers NOA1, NOA2, NVC, I mean everything if you can. You know why, it will help adjudicator approve fast. You now can see my timeline. Hope it helps.

Best luck to you. I did not hire attorney at this time. Waste my money

Edited January 31, 2008 by Haonie

[brazillove 0]

Hello Everyone,

I am Chuck - AKA - Brazil Love.

I have a similar problem as the others that have posted, but not so difficult. I just need to get the next step correct, on what direction to go.

I recieved the NOID: which reads:

"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."

I recieved the I-797F Notice of action

This is my situation: I did apply for a petition 2/22/2006 - and this new one was submitted 10/3/2007. I wasnt aware of the filing times and the applying twice situation. They are asking me to apply for a waiver. and explain why a waiver would be appropriate.

I broke up with my ex fiance, because she became pregnant by another man. I am engaged to another young lady I met on several trips ago to brazil.

I understand I get two petitions, but which direction should I go when Applying for the waiver. I am suppose to sign and date and explain in a letter along with this form what went wrong , and why I am applying for new petition?

I just dont want to mess up, and lose the money I paid for this thing.

Also, Would it be better to just go to brazil and get married there and start the process?

In need of help.

Thanks,

C

Let me share you my story.

I filed first K-1 on August 2006 and got approve on November 2006. I later figured out that we could not be together. The main reason was she did not love me “easy comes, easy go, and I knew itâ€. I withdrew my petition at US Consulate on January, 2007 before she had an interview. 2 weeks later, I received a letter from US Consulate that my K-1 package has returned to USCIS. I saved all NOA1, NOA2, NVC letter, Withdrew letter, and US Consulate’s letter.

On Feb 2007, I met my lovely fiancée “I finally find the oneâ€. I filed second K-1 with a letter explained how we broke up and also a letter requested for a Waiver. Make sure you include all your previous K-1 papers NOA1, NOA2, NVC, I mean everything if you can. You know why, it will help adjudicator approve fast. You now can see my timeline. Hope it helps.

Best luck to you. I did not hire attorney at this time. Waste my money

[brazillove 0]

Hey Everyone,

I truly want to thank you for your helpful information. I was lost when I got the NOID. I didnt know what to do. I am now armed to move forward. I didnt know what to tell my fiance. That a previous relationship that didnt work is punishing me now.

I thank you all,

C

[pushbrk 12,893]

Hey Everyone,

I truly want to thank you for your helpful information. I was lost when I got the NOID. I didnt know what to do. I am now armed to move forward. I didnt know what to tell my fiance. That a previous relationship that didnt work is punishing me now.

I thank you all,

C

The previous relationship isn't hurting you. Failing to research the requirements is what caused you the delay. No need to beat yourself up over it though.