Confused about IMBRA!

[Marina-Del 10]

First off I want to apologize for asking this question!! I used visa journey throughout my first petition and I know how upset everyone gets when you ask questions that have already been answered. I just cant seem to find what Im looking for, so here I am!

Okay, so in May of 2007 my fiancee at the time (he the Australian and me the American) was approved for a K-1 visa at the consulate in London. However, about 2 weeks after his approval, he and I decided that we did not want to go through with the marriage. I called the London consulate and asked them if we needed to make an official statement about how we were not going to use the visa, and they said that as long as he did not try to enter the USA before the visa expired, that we could just let it expire and forget about it. So, his visa expired in November 2007 and he DID NOT ever enter the United States, therefore he never tried to use the visa. A couple months after we broke up I started dating a Brazilian guy that I worked with. We've been dating since and would now like to file for the K-1. We've been living together in London almost ever since -so we are not short of evidence, but Im a bit confused about what I need to do about the other petition.

I know it asks on the G-325A about past filings and of course I will put that information down. But is there anything else I need to do? Include a letter perhaps explaining what I just explained above -but in a much more detailed way? I keep reading about an IMBRA waiver, where do I find that and do I have to sign it? Also, there continues to be mention of an IMBRA RFE.... Does that mean that everyone in my position gets an RFE and if so, is there no way to send them the information they need before that comes?

I'm sorry if this is really confusing, but as we all are, Im in a rush to get this over with and I want to understand exactly what I can do!

We have not filed our I-129F yet, but plan on doing so as soon as we figure everything out!

Thanks so much!

Marina and Del

[pushbrk 12,898]

First off I want to apologize for asking this question!! I used visa journey throughout my first petition and I know how upset everyone gets when you ask questions that have already been answered. I just cant seem to find what Im looking for, so here I am!

Okay, so in May of 2007 my fiancee at the time (he the Australian and me the American) was approved for a K-1 visa at the consulate in London. However, about 2 weeks after his approval, he and I decided that we did not want to go through with the marriage. I called the London consulate and asked them if we needed to make an official statement about how we were not going to use the visa, and they said that as long as he did not try to enter the USA before the visa expired, that we could just let it expire and forget about it. So, his visa expired in November 2007 and he DID NOT ever enter the United States, therefore he never tried to use the visa. A couple months after we broke up I started dating a Brazilian guy that I worked with. We've been dating since and would now like to file for the K-1. We've been living together in London almost ever since -so we are not short of evidence, but Im a bit confused about what I need to do about the other petition.

I know it asks on the G-325A about past filings and of course I will put that information down. But is there anything else I need to do? Include a letter perhaps explaining what I just explained above -but in a much more detailed way? I keep reading about an IMBRA waiver, where do I find that and do I have to sign it? Also, there continues to be mention of an IMBRA RFE.... Does that mean that everyone in my position gets an RFE and if so, is there no way to send them the information they need before that comes?

I'm sorry if this is really confusing, but as we all are, Im in a rush to get this over with and I want to understand exactly what I can do!

We have not filed our I-129F yet, but plan on doing so as soon as we figure everything out!

Thanks so much!

Marina and Del

USCIS seems to be requiring a waiver letter for the second I-129F for fiance filed in a two-year period, so I would include the letter just in case. However, you'll need a US address and domicile to petition for a fiance visa.

Please don't confuse suggestions to read the guides or peruse the forums as people being upset about asking questions already answered. Usually, they are just giving you helpful advice. If all you learn about the process is from asking questions, you will never learn enough to even know which questions you needed answers to.

Your question does indicate you probably didn't peruse the several similar topics on the first page of the IMBRA forum though.

Edited July 14, 2008 by pushbrk

[Marina-Del 10]

Thanks for you quick reply!

So, are you saying that I just need to include a letter -of my making- explaining the situation? For some reason I thought there was a specific form or letter that I needed to sign -as opposed for me writing up a letter and sending it in. If someone could confirm this I would be greatly appreciated.

Thanks so much again!

[1HappyGuy 45]

According to the IMBRA law, you should be exempt, but that is not how it is being interpreted by the USCIS. Just to make things go smoothly you should request a waiver from IMBRA. The waiver is just a letter explaining the prior application and its result. You need to provide specifics as to who, when and why so that they can review the case. It has been a formality for most unless you have been applying for several K-1's.

[pushbrk 12,898]

According to the IMBRA law, you should be exempt, but that is not how it is being interpreted by the USCIS. Just to make things go smoothly you should request a waiver from IMBRA. The waiver is just a letter explaining the prior application and its result. You need to provide specifics as to who, when and why so that they can review the case. It has been a formality for most unless you have been applying for several K-1's.

Right, just make sure there's a sentence in your letter requesting an IMBRA waiver if needed. I'd make the letter brief and to the point. You can simply indicate you broke up or the relationship didn't work out. You need not tell the whole story in three part harmony.

Edited July 14, 2008 by pushbrk