Re-filing, do I need a IMBRA Letter??

[Paris Desire 0]

Hello VJer's.

Last year I filed a I-130 and a I-129F for a K3 visa for my husband, and cancelled them several months later. We are ready to re-file , this time for a CR-1 Visa, my question, Do I need to enclose a IMBRA Wavier letter????? The petitions I filed last year are the only ones I ever filed with USCIS, and they were for my husband, whom I'm now ready to re-file for.

Thank you for any guidance and assistance.

Hearts Desire

[Chica Yeyé 41]

I don't understand. Did you meet your husband through an international marriage broker?

[Paris Desire 0]

I don't understand. Did you meet your husband through an international marriage broker?

Len,

No we did not meet thru a marriage broker. I thought if you filed before for a K visa, and refile, you have to submit a IMBRA Wavier letter. But after much reading, I think it pretains to K1 visas and multiple petitions filed by the U.S. citizen. I do not think I need one, but maybe enclose some sort of a letter of why we are re-filing , kind of like a F.Y. I. thing.

Any ideas???

Thank you!

[Chica Yeyé 41]

IMBRA stands for INTERNATIONAL MARRIAGE BROKERS ACT. Makes no sense to me that you would need an IMBRA waiver; but I have not read IMBRA.

Good luck!

[Jenn! 918]

I *believe* not, since you do not have to file the I-129F. As far as I know, you would only have to submit a waiver if you are filing the I-129F again within 2 years of the initial approval (i.e. multiple K visa petitions only).

Edited December 9, 2008 by Jenn!

[Paris Desire 0]

I *believe* not, since you do not have to file the I-129F. As far as I know, you would only have to submit a waiver if you are filing the I-129F again within 2 years of the initial approval (i.e. multiple K visa petitions only).

Yes Jenn, I think you're correct. But for safety sake, I will enclose a letter of why re-filing for just in case, maybe keep it from getting held up processing wise at VSC and to fend off any possible RFE letter.

Afterall its for the same beneficiary, and we cancelled petitins before they they were processed, so we ought to be okay.

Thanks again!!