Help! New K1 requirement-Need waiver if more than 2 petitions!!

[Jetson 0]

I just downloaded the new I-129F and in the intructions it is now required to claim a waiver, accompanied by documentation, if I have filed 2 or more K1 petitions! Page 1, item 4 of the instructions, first paragraph.

This is devastating to say the least. In the past I have filed for 2 petitions and both were approved but for personal reasons with regards to these relations and prior to their embassy interviews, I withdrew my petitions. Now I find myself in this predicament and seeking advise from anyone that may be in the same situation. This is all so new I doubt there is much information out there. The instructions require I submit written request, along with documentation to claim a waiver. How do you document that the ladies were not who they represented to be? That their attitude and demeaner changed and that you did not feel the relation would no longer work out?

I am grasping at straws now trying to figure out how I can go about this. I guess talking to an attorney is a start. If any of you have any comments or suggestions, by all means please express them.

Thanks

[iceyspots 0]

I dont know what to tell you, but good luck with the waiver

[JanaknJanet 0]

First of all I wish you the best on your journey..

I am not in the same situation as you but.. only wish to make some honest suggestions..

Concerning your request on what to do or how to do.. due to the newness of all of this.. I really don't know if they (Govmt) even knows what to do.

All I can suggest is to document, document, document on what the situations were for the prior filings. If you have any papers or communications to clarify your situation I sure as heck would never hesitate to provide it. File the waiver submit your proof or reasons why the prior situation were not as they appeared. By talking to a Lawyer that may be a good place to start. However I am not sure how helpful he/she may be for not alot of this type of situations have been worked tru yet.

If what you have is true... then.. any length of time it would require for her to come would be worth the wait and frustrations of fighting for right? Knock Knock Knock on all the doors possible.. but.. be prepared for a potentially frustrating challenge... Best of luck... and please dont give up ..

[aussiewench 9]

I just downloaded the new I-129F and in the intructions it is now required to claim a waiver, accompanied by documentation, if I have filed 2 or more K1 petitions! Page 1, item 4 of the instructions, first paragraph.

This is devastating to say the least. In the past I have filed for 2 petitions and both were approved but for personal reasons with regards to these relations and prior to their embassy interviews, I withdrew my petitions. Now I find myself in this predicament and seeking advise from anyone that may be in the same situation. This is all so new I doubt there is much information out there. The instructions require I submit written request, along with documentation to claim a waiver. How do you document that the ladies were not who they represented to be? That their attitude and demeaner changed and that you did not feel the relation would no longer work out?

I am grasping at straws now trying to figure out how I can go about this. I guess talking to an attorney is a start. If any of you have any comments or suggestions, by all means please express them.

Thanks

I would be consulting with a good immigration lawyer. You want your best shot with the waiver and at least a lawyer would hopefully have more of an idea on what is required. Shop around for one that knows their stuff. All the best to you.

[Yodrak 7]

jetsonjock,

You say that you withdrew your two prior petitions - do you still have the letters that you wrote withdrawing the petitions? You can't submit what doesn't exist, so it may come down to your only documentation being your written explanation of the past situations.

Aussiewench's suggestion to consult with an immigration attorney is always a wise course of action, if for no other reason than that attorneyies have been trained in what to say and how to say it, the latter being as important if not more important than the former.

Yodrak

I just downloaded the new I-129F and in the intructions it is now required to claim a waiver, accompanied by documentation, if I have filed 2 or more K1 petitions! Page 1, item 4 of the instructions, first paragraph.

This is devastating to say the least. In the past I have filed for 2 petitions and both were approved but for personal reasons with regards to these relations and prior to their embassy interviews, I withdrew my petitions. Now I find myself in this predicament and seeking advise from anyone that may be in the same situation. This is all so new I doubt there is much information out there. The instructions require I submit written request, along with documentation to claim a waiver. How do you document that the ladies were not who they represented to be? That their attitude and demeaner changed and that you did not feel the relation would no longer work out?

I am grasping at straws now trying to figure out how I can go about this. I guess talking to an attorney is a start. If any of you have any comments or suggestions, by all means please express them.

Thanks

[mcn 0]

Does this mean 2 previous petitions - ie. is a waiver needed if there is only one previous petition ?

[Yodrak 7]

mcn,

Read the instructions.

Yodrak

Does this mean 2 previous petitions - ie. is a waiver needed if there is only one previous petition ?

[diadromous mermaid 36]

I agree with the suggestion to consult with an immigration attorney. One off the cuff comment, that I'd like to add is that having withdrawn the petitions prior to the beneficiaries' use of the visa will be taken into consideration.

[Jetson 0]

Thank you all so far for your support. I am thinking of contacting my Senator but I am not sure if he can do anything. Perhaps I should wait a few weeks and let the dust settle so that USCIS can iron out their proceedures and prevent my application from being delayed any longer than necessary.

[Yodrak 7]

jetsonjock,

I'm curious what it is that you want your Senator to do.

Yodrak

Thank you all so far for your support. I am thinking of contacting my Senator but I am not sure if he can do anything. Perhaps I should wait a few weeks and let the dust settle so that USCIS can iron out their proceedures and prevent my application from being delayed any longer than necessary.

[pnd629 0]

Thank you all so far for your support. I am thinking of contacting my Senator but I am not sure if he can do anything. Perhaps I should wait a few weeks and let the dust settle so that USCIS can iron out their proceedures and prevent my application from being delayed any longer than necessary.

I don't believe your senator can help you--but a lawyer might.

[ktmmansgal 0]

I would be consulting with a good immigration lawyer. You want your best shot with the waiver and at least a lawyer would hopefully have more of an idea on what is required. Shop around for one that knows their stuff. All the best to you.

Aussiewench --- from someone who tried your advice, the shop around part and the someone that knows thier stuff part --- honestly it is pretty much hit or miss --- Laurel on Immigrate2us is the best that I have seen as far as, keeping up with the news and changes in immigration law -- she specializes in waivers and does over the phone advice as well --- to be honest, unless you know the law yourself, how do you know that the lawyer knows all there is to know on the subject ---

[aussiewench 9]

Aussiewench --- from someone who tried your advice, the shop around part and the someone that knows thier stuff part --- honestly it is pretty much hit or miss --- Laurel on Immigrate2us is the best that I have seen as far as, keeping up with the news and changes in immigration law -- she specializes in waivers and does over the phone advice as well --- to be honest, unless you know the law yourself, how do you know that the lawyer knows all there is to know on the subject ---

Correct but I do believe that given this teething stage with waivers for the IMBRA, a lawyer is still the best bet. No one on this board or any other board has any experiences to share on this. I sure as hell would not like to take any responsibility in giving anyone wrong opinions with something so critical and I dont think anyone else should either.

A consultation with a lawyer by no means says that one has to retain said lawyer, but there are circumstances where legal advice is necessary and needed even if to just put someone in the right direction having taken their circumstances into consideration.

Edited June 24, 2006 by aussiewench