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robhankins

IMBRA WAIVERS

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Filed: K-1 Visa Country: Philippines
Timeline

I have had two previous K-1 visas in the past sixteen years. Both marriages were sadly ended in divorce. There are extenuating circumstance involving the loss of a child.

:help: I filed a Request for Waiver along with the IMBRA RFE. Have others filed such a waiver request and has anyone heard what criteria the USCIS is using to judge such waiver requests?

Making this law retroactive is pretty shocking. It is not as though I have done anything wrong, but my ability to get a visa for my fiancee may be in jeopardy?

I am also very interested to know for SURE, if having two previous K-1 visa would affect my filing of a K-3 visa in case the waiver for 1 more K-1 is denied. All the legal language I see states specifcally "K-1" visas. Yet, I hear rumblings of the K-3 visas being also affected?? :wacko:

My only choice would be to marry my fiancee in the Phils and seek a K-3 or CR-1 visa for her. If that is not possible, do I have to leave the US and move to another country to be with the woman I love so much? Even though neither of us has done anything wrong??? :angry:

My waiver request was a factual 3 page document backed up by about 10 pages of documentation.

Please share information here or by PM. :thumbs:

Thanks,

Rob

03/20/2006 - I-129F - Sent FedEX

03/28/2006 - NOA 1 (Receipt) - NOA issued from CSC

07/03/2006 - RFE (Receipt) - RFE Received

07/07/2006 - RFE and Waiver Request - RFE arrived at CSC

09/01/2006 - NOA2 - USCIS Email - Approved w/Waiver

09/22/2006 - Electronic Version - Manila - Embassy Received

12/13/2006 - Packet 4 Received via DHL

12/21/2007 - Medical St. Lukes

12/22/2006 - St. Luke's canceled medical in progress - required additional tests in Jan for upper respiratory congestion.

12/28/2006 - Interview Canceled because of congestion and cough during medical at St. Lukes

01/09/2007 - St. Luke's for 3 consecutive days of "sputum tests and finish medical"

01/10/2007 - St. Luke's for 3 consecutive days of "sputum tests and finish medical"

01/11/2007 - St. Luke's for 3 consecutive days of "sputum tests and finish medical"

01/12/2007 - St. Luke's for pulmonary exam - EVERYTHING CLEAR

01/15/2007 - St. Luke's for vaccinations and release of medical to USE

02/26/2007 - Interview APPROVED - 11+ months for K1 Visa

03/05/2007 - Visa in hand

03/05/2007 - CFO Completed

03/06/2007 - Arrived in Dallas

04/29/2007 - Married in Dallas

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Unfortunately there are no guidelines for the waivers yet. It could just be a rubber stamp for approval or very strict guidelines they must follow. I haven't seen any guidance on that part of it yet. Maybe a call to the USCIS or a lawyer is in order here.

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