IMBRA - Special Waiver for Multiple K-1 in LifeTime

[robhankins 0]

My K1 petition was filed 03/21/06. Today, I received a Request for Evidence dated 6/23/06 from USCIS. They sent an IMBRA Supplement to I-129F and attached a list of questions pertinent to IMBRA to be answered and submitted.

My problem is not with the IMBRA questions regarding criminal convictions NOT the question did we meet through an international marriage broker (see their definition below).

My problem is the language in their notes stating that IMBRA imposes limitations on the number of petitions you may file or have approved without seeking a waiver of the application of those limitations. If you have filed two or more K-1 visa petitions at any time in the past or have filed a K-1 visa petition in the past two years, you must apply for a waiver To apply for a waiver, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death of an alien approved for a prior K visa.

Here is the problem I HAVE applied for and received two (2) K-1 visas in the past sixteen years. My first wife was not of good moral character and we were divorced 11 years ago. My 2nd wife and I lost a 2 year old son in a drowning accident 4 years ago and it led to our divorce.

Now, I am putting my life back together and am madly and totally in love with my current fiancée. Is IMBRA going to refuse me the right to marry her?

Does anyone have experience with IMBRA and this PARTICULAR circumstance regarding a waiver because of two previous approved K-1 visa petitions? I read somewhere there is a cap of 3 petitions per lifetime, but other places indicate lifetime max of 2 k-1 visas per lifetime. I need to get this waiver prepared as soon as possible.

Can anyone tell me where I can get it done and the cost for filing this waiver? What information is needed from me in order to file the waiver? I assume the waiver is simply a letter or affidavit from me stating a reason I should be allowed to get a visa for my current fiancée. I have no idea what sort of evidence I could provide other than divorce papers and my son's death certificate.

If this is not possible, can I go back and marry my fiancée in the Philippines and then file a K-3 visa for her without this difficulty?

Thanks,

Rob Hankins

_________________

Met Online FH 09/27/2005

Met in Person 01/12/2006

Proposed Marriage in person 01/22/2006

I-129F Sent 03/20/2006

I-129F USCIS TSC 03/21/2006

NOA 1 CSC 03/28/2006

NOA Req. Evidence 06/23/2006

Edited June 30, 2006 by robhankins

[sbgwolf1 0]

My K1 petition was filed 03/21/06. Today, I received a Request for Evidence dated 6/23/06 from USCIS. They sent an IMBRA Supplement to I-129F and attached a list of questions pertinent to IMBRA to be answered and submitted.

My problem is not with the IMBRA questions regarding criminal convictions NOT the question did we meet through an international marriage broker (see their definition below).

My problem is the language in their notes stating that IMBRA imposes limitations on the number of petitions you may file or have approved without seeking a waiver of the application of those limitations. If you have filed two or more K-1 visa petitions at any time in the past or have filed a K-1 visa petition in the past two years, you must apply for a waiver To apply for a waiver, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death of an alien approved for a prior K visa.

Here is the problem I HAVE applied for and received two (2) K-1 visas in the past sixteen years. My first wife was not of good moral character and we were divorced 11 years ago. My 2nd wife and I lost a 2 year old son in a drowning accident 4 years ago and it led to our divorce.

Now, I am putting my life back together and am madly and totally in love with my current fiancée. Is IMBRA going to refuse me the right to marry her?

Does anyone have experience with IMBRA and this PARTICULAR circumstance regarding a waiver because of two previous approved K-1 visa petitions? I read somewhere there is a cap of 3 petitions per lifetime, but other places indicate lifetime max of 2 k-1 visas per lifetime. I need to get this waiver prepared as soon as possible.

Can anyone tell me where I can get it done and the cost for filing this waiver? What information is needed from me in order to file the waiver? I assume the waiver is simply a letter or affidavit from me stating a reason I should be allowed to get a visa for my current fiancée. I have no idea what sort of evidence I could provide other than divorce papers and my son's death certificate.

If this is not possible, can I go back and marry my fiancée in the Philippines and then file a K-3 visa for her without this difficulty?

Thanks,

Rob Hankins

_________________

Met Online FH 09/27/2005

Met in Person 01/12/2006

Proposed Marriage in person 01/22/2006

I-129F Sent 03/20/2006

I-129F USCIS TSC 03/21/2006

NOA 1 CSC 03/28/2006

NOA Req. Evidence 06/23/2006

I am with you. Whatever you find out, please let me know. I am scared to death of this IMBRA law. 1st it asks about the marriage brokers question. We met on filipinaheart.com. Depending on who you ask, it is or isnt a marriage broker. I checked yes and encluded a long letter explaining why i picked yes. How we met before IMBRA, how it isnt just to broker, ect. Then I have the past fiancee in the past two years. She didnt work out and end up cheating and getting back with her ex. I dont have hard feelings, I now have the most wonderful lady in the world. We love one another so much and talk EVERY day. I dont know 'how' to apply for the waiver. I don't know 'what' they are looking for. I don't know what 'criteria' they will follow to grant it. I wrote a two page letter for that. I wish there was information provided to us. My initial understanding of the law was that it would not be a factor until I have over two apps, but it appears that isn't the case. I will do what I need to for us to be together, including marry over there. But my understanding from what Immigration office told me was that was a much longer process. Please let me know anything you find out. I am sure we will watch one anothers posts.

[robhankins 0]

My K1 petition was filed 03/21/06. Today, I received a Request for Evidence dated 6/23/06 from USCIS. They sent an IMBRA Supplement to I-129F and attached a list of questions pertinent to IMBRA to be answered and submitted.

My problem is not with the IMBRA questions regarding criminal convictions NOT the question did we meet through an international marriage broker (see their definition below).

My problem is the language in their notes stating that IMBRA imposes limitations on the number of petitions you may file or have approved without seeking a waiver of the application of those limitations. If you have filed two or more K-1 visa petitions at any time in the past or have filed a K-1 visa petition in the past two years, you must apply for a waiver To apply for a waiver, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death of an alien approved for a prior K visa.

Here is the problem I HAVE applied for and received two (2) K-1 visas in the past sixteen years. My first wife was not of good moral character and we were divorced 11 years ago. My 2nd wife and I lost a 2 year old son in a drowning accident 4 years ago and it led to our divorce.

Now, I am putting my life back together and am madly and totally in love with my current fiancée. Is IMBRA going to refuse me the right to marry her?

Does anyone have experience with IMBRA and this PARTICULAR circumstance regarding a waiver because of two previous approved K-1 visa petitions? I read somewhere there is a cap of 3 petitions per lifetime, but other places indicate lifetime max of 2 k-1 visas per lifetime. I need to get this waiver prepared as soon as possible.

Can anyone tell me where I can get it done and the cost for filing this waiver? What information is needed from me in order to file the waiver? I assume the waiver is simply a letter or affidavit from me stating a reason I should be allowed to get a visa for my current fiancée. I have no idea what sort of evidence I could provide other than divorce papers and my son's death certificate.

If this is not possible, can I go back and marry my fiancée in the Philippines and then file a K-3 visa for her without this difficulty?

Thanks,

Rob Hankins

_________________

Met Online FH 09/27/2005

Met in Person 01/12/2006

Proposed Marriage in person 01/22/2006

I-129F Sent 03/20/2006

I-129F USCIS TSC 03/21/2006

NOA 1 CSC 03/28/2006

NOA Req. Evidence 06/23/2006

I am with you. Whatever you find out, please let me know. I am scared to death of this IMBRA law. 1st it asks about the marriage brokers question. We met on filipinaheart.com. Depending on who you ask, it is or isnt a marriage broker. I checked yes and encluded a long letter explaining why i picked yes. How we met before IMBRA, how it isnt just to broker, ect. Then I have the past fiancee in the past two years. She didnt work out and end up cheating and getting back with her ex. I dont have hard feelings, I now have the most wonderful lady in the world. We love one another so much and talk EVERY day. I dont know 'how' to apply for the waiver. I don't know 'what' they are looking for. I don't know what 'criteria' they will follow to grant it. I wrote a two page letter for that. I wish there was information provided to us. My initial understanding of the law was that it would not be a factor until I have over two apps, but it appears that isn't the case. I will do what I need to for us to be together, including marry over there. But my understanding from what Immigration office told me was that was a much longer process. Please let me know anything you find out. I am sure we will watch one anothers posts.

Yes, I am reading everything I can about this mess. And that is exactly what it is, a big mess. You need to contact me offline at rob@robhankins.com. We can talk more openly.

[robhankins 0]

Since IMBRA is new and there is no precedent. And because of my situation with 2 prior K1 visas in 16 years, I fear a waiver may be hard to get.

Can anyone give me a 100% confirmation that IMBRA would not affect an I-130 if I cancel the I-129F and go to the Phils to marry my finacee? Can I then bring her here on K-3 visa (I-130) with certainty? Does anyone know for sure???

Thanks,

Rob

[aussiewench 9]

From the I-129F instructions....

If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in you case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa

It is asking you to supply a signed and dated request for a waiver which would contain your explaination of the past petitions and then supported by documentation. I would assume divorce certificates would be classed as documentation along with anything else that supports your written explaination.

(B ) The Secretary of Homeland Security may, in the Secretary’s

discretion, waive the limitations in subparagraph (A) if justification

exists for such a waiver. Except in extraordinary circumstances

and subject to subparagraph ©, such a waiver shall not be granted

if the petitioner has a record of violent criminal offenses against

a person or persons.

Obviously I am not a lawyer and this is a new Act so this is a good guess... I would imagine that someone in your position would have a waiver granted. Your last marriage ended 11 years ago and the second had extenuating circumstances. Let us know what happens there.

The I-129F submitted for the K-3 is also subject to the IMBRA so you would be in the same position as with the I-129F for fiance.

The IMBRA only mentions K visa petitions except when it comes to the Information Pamphlet that will be issued at interview stage to those applying for an Immigrant Visa. An I-130 petition for a spouse (CR-1), to the best of my knowledge doesn't appear to be affected by the IMBRA .

Wishing you the best

Edited July 4, 2006 by aussiewench

[Rick2000 0]

USCIS has changed the wording of IMBRA:The new IMBRAlized I 129-F and supplementary questionnaire state:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa."

If I am not mistaken, IMBRA actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

What appears to have happened here, is the USCIS has substituted the word "or" for the word "and."

PLEASE COMPLAIN TO EVERY CONGRESSPERSON AND SENATOR AND NEWS AGENCIES ABOUT USCIS CHANGING THE LAW THAT CONGRESS PASSED.

[robhankins 0]

USCIS has changed the wording of IMBRA:The new IMBRAlized I 129-F and supplementary questionnaire state:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa."

If I am not mistaken, IMBRA actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

What appears to have happened here, is the USCIS has substituted the word "or" for the word "and."

PLEASE COMPLAIN TO EVERY CONGRESSPERSON AND SENATOR AND NEWS AGENCIES ABOUT USCIS CHANGING THE LAW THAT CONGRESS PASSED.

Yes, the "OR" substitution for "AND" makes a huge difference, BUT USCIS can temporarily alter the wording any way they want, legal or not.

I wish it weren't true. My last K1 was over 7 years ago.

Thanks,

Rob

[Rick2000 0]

USCIS has changed the wording of IMBRA:The new IMBRAlized I 129-F and supplementary questionnaire state:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa."

If I am not mistaken, IMBRA actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

What appears to have happened here, is the USCIS has substituted the word "or" for the word "and."

PLEASE COMPLAIN TO EVERY CONGRESSPERSON AND SENATOR AND NEWS AGENCIES ABOUT USCIS CHANGING THE LAW THAT CONGRESS PASSED.

Yes, the "OR" substitution for "AND" makes a huge difference, BUT USCIS can temporarily alter the wording any way they want, legal or not.

I wish it weren't true. My last K1 was over 7 years ago.

Thanks,

Rob

Rob don't give up so easily. File the waiver and point out you are doing so in case it was not a typo (allow USCIS to save face without eliciting defensiveness), and start complaining to eby. Also, it could just be a typo, but how do we bring that to the right person's attention. I already wrote and faxed a letter about this to Senator Cantwell author of IMBRA and located elswhere in a newspaper article how she has not been pleased (rapped them) with Homeland Security for the way they implemented IMBRA. Hang in there and try to be strong for your loved one. Rick

[robhankins 0]

USCIS has changed the wording of IMBRA:The new IMBRAlized I 129-F and supplementary questionnaire state:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa."

If I am not mistaken, IMBRA actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

What appears to have happened here, is the USCIS has substituted the word "or" for the word "and."

PLEASE COMPLAIN TO EVERY CONGRESSPERSON AND SENATOR AND NEWS AGENCIES ABOUT USCIS CHANGING THE LAW THAT CONGRESS PASSED.

Yes, the "OR" substitution for "AND" makes a huge difference, BUT USCIS can temporarily alter the wording any way they want, legal or not.

I wish it weren't true. My last K1 was over 7 years ago.

Thanks,

Rob

Rob don't give up so easily. File the waiver and point out you are doing so in case it was not a typo (allow USCIS to save face without eliciting defensiveness), and start complaining to eby. Also, it could just be a typo, but how do we bring that to the right person's attention. I already wrote and faxed a letter about this to Senator Cantwell author of IMBRA and located elswhere in a newspaper article how she has not been pleased (rapped them) with Homeland Security for the way they implemented IMBRA. Hang in there and try to be strong for your loved one. Rick

Oh, don't get me wrong. I am filing a long request for waiver. I am working on it now. I will include this portion. I appreciate your pointing it out to me. I read it several times and didn't catch it. Stay in touch and we guys will get through all this, even if we have to file 130.

[aussiewench 9]

USCIS has changed the wording of IMBRA:The new IMBRAlized I 129-F and supplementary questionnaire state:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa."

If I am not mistaken, IMBRA actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

What appears to have happened here, is the USCIS has substituted the word "or" for the word "and."

PLEASE COMPLAIN TO EVERY CONGRESSPERSON AND SENATOR AND NEWS AGENCIES ABOUT USCIS CHANGING THE LAW THAT CONGRESS PASSED.

Rick

If you also look at the wording, it says consular officer. That section has absolutely nothing to do with the filing of a petition with USCIS/DHS. Consular officers come under DOS (Department of State). Two completely different/seperate departments.