Used the new I-129 and still got an IMBRA RFE

[evansfan 0]

I made a cusrsory exam of the RFE and their is some additional language about the 2 year period before reapplying for a new K1, maybe that is why I got one. I will call Vermont tomorrow and inquire.

Jay

[mrc 0]

Yes, let us know what it is about. I also used to the new I-129. None of it applied to me, so I didn't check any of it.

[dwar49 0]

Are you sure it is IMBRA RFE? The standard IMBRA only asked 3 questions.

1. did you meet thru a marriage broker

2. Have you ever been convicted of certain crimes

3. if you were convicted were you battered etc.

The information sheet talks about a waiver required if you have had a K-1 approved in within the last two years, or if you have applied for more than 2 K-1 but no questions about it.

How did you answer the questions on the I-129F concerning the above items?

[evansfan 0]

None of it applied to me as well, that is what is strange. I am hoping that maybe a clerical error was made, and someone did not realize my form was a new one

Jay

Are you sure it is IMBRA RFE? The standard IMBRA only asked 3 questions.

1. did you meet thru a marriage broker

2. Have you ever been convicted of certain crimes

3. if you were convicted were you battered etc.

The information sheet talks about a waiver required if you have had a K-1 approved in within the last two years, or if you have applied for more than 2 K-1 but no questions about it.

How did you answer the questions on the I-129F concerning the above items?

Yes, The RFE asked 3 questions. In my original I-129, I only answered one since I did not use a marriage broker, and had never been convicted of a crime. I just noticed that the waiver language appears to be the only additional information on my RFE that was not on the I129

[dwar49 0]

You got me on this one. First I have heard of anyone receiving RFE on IMBRA when they used the new form. Maybe someone else has but havnt heard of it. Think I would definitly check with the center and see if you can get an answer. Someone else might know on the board too. Check back tomorrow morning and see if anyone else can be of more help. Sorry I couldnt help more.

[William33 110]

evansfan,

Are you certain that the RFE is IMBRA related? If so, what led you to this conclusion? Have you applied for a K-1 before?

Your post suggests a possible request for justification of a new I-129F.

Any additional info might help with the assessment of the RFE purpose.

Edited July 13, 2006 by William33

[aussiewench 9]

Yes, The RFE asked 3 questions. In my original I-129, I only answered one since I did not use a marriage broker, and had never been convicted of a crime. I just noticed that the waiver language appears to be the only additional information on my RFE that was not on the I129

The language however is in the instructions for the new I-129F

Filing Limitations on K Nonimmigrant Petitioners.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 two 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 bydocumentation of your claim to the waiver.

Clerical errors do get made and this being a new implementation there is going to be a settling period for those at the service centers.

If you havent yet received the hard copy of the RFE, it may also very well be for something missing or incomplete with your petition and not as you are concluding. Let us know.

Edited July 13, 2006 by aussiewench

[evansfan 0]

Everyone,

East coast, so late and brain more scrambled then usual. I apologize for any confusion.

1-Thanks for the information on the language, so my RFE appears to contain nothing new in comparison to the new I-129

2- I have the hard copy of the RFE, and it is asking the same questions contained in the new I 129, and the questions in the RFE refer only to the IMBRA law, nothing else was requested. I am required to answer the questions, sign and return the form

3- THis is my first and hopefully last time applying for a K1

Thanks to all of you

I will keep you posted

Jay

[aussiewench 9]

Everyone,

East coast, so late and brain more scrambled then usual. I apologize for any confusion.

1-Thanks for the information on the language, so my RFE appears to contain nothing new in comparison to the new I-129

2- I have the hard copy of the RFE, and it is asking the same questions contained in the new I 129, and the questions in the RFE refer only to the IMBRA law, nothing else was requested. I am required to answer the questions, sign and return the form

3- THis is my first and hopefully last time applying for a K1

Thanks to all of you

I will keep you posted

Jay

Clerical error then by the looks of it. When you complete/sign and return it, perhaps attach a seperate sheet bringing this to their attention, that you submitted the NEW I-129F which already covered this and this apparently was an oversight.

[Luvinmybaby 0]

Yes, The RFE asked 3 questions. In my original I-129, I only answered one since I did not use a marriage broker, and had never been convicted of a crime. I just noticed that the waiver language appears to be the only additional information on my RFE that was not on the I129

The language however is in the instructions for the new I-129F

Filing Limitations on K Nonimmigrant Petitioners.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 two 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 bydocumentation of your claim to the waiver.

Clerical errors do get made and this being a new implementation there is going to be a settling period for those at the service centers.

If you havent yet received the hard copy of the RFE, it may also very well be for something missing or incomplete with your petition and not as you are concluding. Let us know.

There are some subtle but important differences between the law and the RFE form. I was wondering what will be the standard.

This is from the law:

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

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

applying aliens; AND ‘‘(ii) if the petitioner has had such a petition previously

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

approved petition.

This is from the RFE:

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 two years prior to the filing of this petition, you must apply for a waiver.

Now, my question. Which one is the USCIS compelled to follow? If they go by the approved standard rather the filing standard do they go by when the first one was filed or when the first one was approved? If they go by the approved standard and they go by the approved date rather than the filed date for the first petition then I should have filed for a waiver. I didn't file a waiver, but my first petition was filed 2 years 2 months before my second one was but the first one was approved 1 year and 11 months before I filed the second one. Am I in for another RFE???

[aussiewench 9]

Yes, The RFE asked 3 questions. In my original I-129, I only answered one since I did not use a marriage broker, and had never been convicted of a crime. I just noticed that the waiver language appears to be the only additional information on my RFE that was not on the I129

The language however is in the instructions for the new I-129F

Filing Limitations on K Nonimmigrant Petitioners.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 two 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 bydocumentation of your claim to the waiver.

Clerical errors do get made and this being a new implementation there is going to be a settling period for those at the service centers.

If you havent yet received the hard copy of the RFE, it may also very well be for something missing or incomplete with your petition and not as you are concluding. Let us know.

There are some subtle but important differences between the law and the RFE form. I was wondering what will be the standard.

This is from the law:

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

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

applying aliens; AND ‘‘(ii) if the petitioner has had such a petition previously

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

approved petition.

This is from the RFE:

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 two years prior to the filing of this petition, you must apply for a waiver.

Now, my question. Which one is the USCIS compelled to follow? If they go by the approved standard rather the filing standard do they go by when the first one was filed or when the first one was approved? If they go by the approved standard and they go by the approved date rather than the filed date for the first petition then I should have filed for a waiver. I didn't file a waiver, but my first petition was filed 2 years 2 months before my second one was but the first one was approved 1 year and 11 months before I filed the second one. Am I in for another RFE???

I wasnt referring to the written law, but the instructions on the I-129F when comparing to the RFE.

However to answer you, I actually read and understand it as one and the same. It refers to an approved petition that was filed within 2 years of filing the present one.

[Luvinmybaby 0]

I wasnt referring to the written law, but the instructions on the I-129F when comparing to the RFE.

However to answer you, I actually read and understand it as one and the same. It refers to an approved petition that was filed within 2 years of filing the present one.

Oh God thank you Aussiewench! I didn't catch the difference when I mailed in my RFE. I have been sweating bullets worring about that.

[mystery 0]

This totally sux, big time. Hopefully it was an oversite by the officer attending your case.

I also sent in the NEW I-129f so I'm praying I don't get one too.....

[evansfan 0]

I spoke with VSC. The gentleman who answered the phone was very polite, and he thinks that it was exactly as I thought. My I-129 was placed in a stack with the others that needed a RFE. He sugggested I simply return my RFE, and let the process move forward.

Jay

[wodengdaini 0]

I spoke with VSC. The gentleman who answered the phone was very polite, and he thinks that it was exactly as I thought. My I-129 was placed in a stack with the others that needed a RFE. He sugggested I simply return my RFE, and let the process move forward.

Jay

Good to see another from China. It is a shame that they stuck you in the wrong pile. We have a long enough wait as it is with Guanghzou. Good news is that you are at the VSC, so you should move out of there pretty quick once they get the RFE back and processed. Best of luck to you. There is some great information on http://candleforlove.com/forums/index.php it is set up for US/China people going through the same process. When you have time, you should check it out.