QUESTION ON REF.

[De & Al 0]

On the referral one of the questions said that if you had a K visa previously approve to please send a WAIVER; my husband came to the USA last year with a K1 visa however he return and now we are submitting a K3 visa, what should we answer, do we need to submit a waiver??We are really confused!

[michellek1976 0]

I don't believe that is the intent of the question. I think IMBRA is looking for people who have had multiple partners. Perhaps you could attach a letter explaining how the previous K1 relates to the same relationship.

[aussiewench 9]

De & Al

Whilst I agree with Michelle, one has to take into consideration that this is a new law with no way of knowing 100% at this stage how things are going to play out. You would have already answered Q11 on the I-129F as to if you have ever filed a petition for this or any other fiance or spouse in the past. Im not a lawyer but I would suggest looking at the question on the RFE in the affirmative and attaching a signed and dated request for a waiver based on the fact that you filed this prior K-1 petition for your now husband and submit any documentation that you have in this regard. It is afterall asking about any prior K-1 petition filed, and makes no mention of exceptions. IMO better to be safe then run the risk of further delays. If they find that you need not of requested a waiver I cant see how that would be detrimental to your case. If you deal with it in the negative, who knows.

Lorelle

[GaryC 7]

The RFE I got didn't ask a "question" about prior K-1 apps. It only said that if you had more than 2 in your lifetime or one in the last 2 years then you were to get a waiver.

Maybe a K-3 RFE is different. But I would explain what happend in detail and send it in. When in doubt ask a lawyer.

Edited July 6, 2006 by GaryC

[De & Al 0]

De & Al

Whilst I agree with Michelle, one has to take into consideration that this is a new law with no way of knowing 100% at this stage how things are going to play out. You would have already answered Q11 on the I-129F as to if you have ever filed a petition for this or any other fiance or spouse in the past. Im not a lawyer but I would suggest looking at the question on the RFE in the affirmative and attaching a signed and dated request for a waiver based on the fact that you filed this prior K-1 petition for your now husband and submit any documentation that you have in this regard. It is afterall asking about any prior K-1 petition filed, and makes no mention of exceptions. IMO better to be safe then run the risk of further delays. If they find that you need not of requested a waiver I cant see how that would be detrimental to your case. If you deal with it in the negative, who knows.

Lorelle

I wrote a letter with attached copies of F-129F APPROVED NOTIE and MARRIGE CERTIFICAED, I will keep you post as to the outcome of my petition, thanks for your advice.