Waiver

[Munesh and Suz 0]

Hi -

Last year we filed for a K-1 Visa and we learned this year that we were going to be denied. We got married on October 7th, 2008 and now we're going to file for K-3. I haven't sent out our application yet - still waiting for our marriage certificate, however, since I filed an I-129F 15 months, do I need a waiver? I know I have to send in the I-130 first and then I have to send in the I-129F. But my question is do I need a waiver for the I-129F? If I do, what is this waiver - is it a form or a letter that I write? Does anyone have any examples?

thanks -

suz

[Ta Ta 1]

First you need to know the reason for denial. Whatever the reason was you still need to overcome the same thing with a K3 or you will get stuck again.

You did not provide sufficient details here for anyone to help you further.

The embassy gives out the waiver form if eligible for it. Sometimes they don't volunteer that information and you have to be proactive and ask for it.

If eligible for a waiver you need to consult an attorney on how best to overcome the reason for denial. No, it is not just as simple as writing a

letter. It is a big undertaking.

If you were denied for lack of relationship proof then you would have an easier time to gather enough proof this time around and no waiver is needed.

Again, we need to know the reason for denial to give advice.

[Munesh and Suz 0]

The reason they stated - the embassy - is that my husband failed to prove that his engagement to me was genuine and would lead to marriage. Well we're married now.

[Ta Ta 1]

If that was the only reason , no waiver is needed. You simply gather LOTS of relationship proof and visit as often as you can.

Best wishes and sorry for what you have to endure !

[pushbrk 13,114]

If that was the only reason , no waiver is needed. You simply gather LOTS of relationship proof and visit as often as you can.

Best wishes and sorry for what you have to endure !

Context is King here. The waiver being asked about is related to IMBRA where multiple filings require a simple letter requesting a waiver. Technically, this shouldn't be needed but I'd ask for it in any cover letter just to be safe.

On the other hand though, I would carefully consider only filing the I-130 anyway and just go the immigrant visa route.

I believe the OP has mistated the reason for denial though. When denied for lack of a bona fide relationship, the issue is not whether the couple will marry. It's whether the relationship itself is bona fide as in "real" or "sincere" as opposed to being exclusively to achieve an immigration benefit. A legal marriage, in and of itself does not necessarily overcome such an initial finding. The additional visit and time together do tend to help though.

[Munesh and Suz 0]

Does anyone have a sample waiver letter????????????????

[pushbrk 13,114]

Does anyone have a sample waiver letter????????????????

Read an applicable thread in the IMBRA forum, so you can become informed. Just scroll down the list of forums a bit past this K3 forum.

[MrsRowe 2]

Hey, i don't have anythign to add, just wanted to wish you good luck.

[Ta Ta 1]

Does anyone have a sample waiver letter????????????????

There is no such thing as a sample waiver letter, everybody's situation is different.

As I said you need to establish first if you are eligible for a waiver and why. Then you fill out the waiver form which the

embassy will give you and attach an extensive 10 page or so hardship letter backed up by 50 or supporting documents to

have a chance to get the waiver approved. Waivers are for many different things, misrepresentation, medical issues,

alcohol or criminal issues and definitely not for lack of bona fide relationship.

This is not simply writing a letter.

If you have IMBRA issues that is an entirely different situation. Without detailed information it is difficult to help you.

Imbra has to do with multiple petitions and former spousal abuse.

Please research what you need and what is available for your situation, maybe we can offer more help then.