requesting a waiver of limitations on I129F apps?

[a1cpat 0]

Hello everyone! Im not exactly new here, as I have been following all of your posts over the past several months, but this is my first post.

According to the new IMBRA law, there is a limit to the number of I129F petitions you can file without requesting a waiver. I filed in early 2005 for a different woman whom I was briefly engaged to, but our relationship ended and we did not pursue the visa after the approval of the petition. In February of this year I became engaged again and my fiance' and I filed the I129F petition. We have been very up front in all of our information that was submitted to the USCIS about the last relationship, and we have hid nothing.

I have submitted the written request for the waiver of these limitations, but the description on the RFE was vague as to what it actually needed to include, citing evidence of death or some such information. My Ex didnt die! We just didnt get married! It seems as though my current fiance' and I could be punished with a rejection because of the failure of a previous relationship. Is this really possible???

Is anybody else wrestling with this worry?

Also, the I129F package I sent on February 20th was returned to me with a notice dated February 23rd stating that I had failed to attach my filing fee of 170.00 dollars. However, the check WAS in fact there, and even still in the package as it was returned to me. I thought it to be an innocent mistake at first, and I returned the package without making any changes and recieved a new reciept date of March 13th. AFTER the effective date of IMBRA. Had the USCIS not overlooked my attached payment, I would have been a pre-IMBRA application and not have to worry about the waiver of limitations!!!!

I am still waiting, and its close to my processing time as it is so I dont want to "rock the boat", but I am very concerned! Any advice or words of encouragement would be greatly appreciated!!! ))))

Thanks!

Edited July 13, 2006 by a1cpat

[Linababe 0]

Please fill in your timeline as it is very important in calculating the statisticsa on these forums and it helps others to see at what stage you are at in the process and which embassy you are going through etc.

Thank you

[Linababe 0]

Please fill in your timeline as it is very important in calculating the statisticsa on these forums and it helps others to see at what stage you are at in the process and which embassy you are going through etc.

Thank you

[aussiewench 9]

I have submitted the written request for the waiver of these limitations, but the description on the RFE was vague as to what it actually needed to include, citing evidence of death or some such information. My Ex didnt die! We just didnt get married! It seems as though my current fiance' and I could be punished with a rejection because of the failure of a previous relationship. Is this really possible???

As each case will be different, there will be different documentation that one would submit to accompany the written request for such waiver. So I dont see how they could include an example of all the documentation that may be submitted. What they did say was.....

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.

Did you write cancelling the petition? Any emails etc that supported the breakup? That is just a couple of examples of what you may of submitted.

Will they accept only the written request from you, only they will be able to tell you that. They may or they may not. Keep us updated with what happens. We are all on a learning curve here with the IMBRA

All the best.

Lorelle

[sbgwolf1 0]

Hello everyone! Im not exactly new here, as I have been following all of your posts over the past several months, but this is my first post.

According to the new IMBRA law, there is a limit to the number of I129F petitions you can file without requesting a waiver. I filed in early 2005 for a different woman whom I was briefly engaged to, but our relationship ended and we did not pursue the visa after the approval of the petition. In February of this year I became engaged again and my fiance' and I filed the I129F petition. We have been very up front in all of our information that was submitted to the USCIS about the last relationship, and we have hid nothing.

I have submitted the written request for the waiver of these limitations, but the description on the RFE was vague as to what it actually needed to include, citing evidence of death or some such information. My Ex didnt die! We just didnt get married! It seems as though my current fiance' and I could be punished with a rejection because of the failure of a previous relationship. Is this really possible???

Is anybody else wrestling with this worry?

Also, the I129F package I sent on February 20th was returned to me with a notice dated February 23rd stating that I had failed to attach my filing fee of 170.00 dollars. However, the check WAS in fact there, and even still in the package as it was returned to me. I thought it to be an innocent mistake at first, and I returned the package without making any changes and recieved a new reciept date of March 13th. AFTER the effective date of IMBRA. Had the USCIS not overlooked my attached payment, I would have been a pre-IMBRA application and not have to worry about the waiver of limitations!!!!

I am still waiting, and its close to my processing time as it is so I dont want to "rock the boat", but I am very concerned! Any advice or words of encouragement would be greatly appreciated!!! ))))

Thanks!

Congrats on your newfound love. You and I are in exactly the same situation. I also have no 'documentation' so to speak. All I could do was include a letter with my IMBRA RFE requesting the waiver and trying to explain this is a real relationship. Noone so far here has actually been approved or denied regarding the waiver at this point. It was new with IMBRA and they only started receiving them back 2 weeks ago. Hence, no examples for us to really know. The truth is, it worries me to. My senator didn't seem that concerned but made it clear that we are all going through this learning curve together so all we can do is what we are requested. AKA a written request for the waiver. Sorry I cant help more, but there are a couple of us in this situation. Upon anyone receiving a response from USCIS it will surely be posted.

[norotonfd 1]

I don't think you need a waiver. I was under the impression that you only need a waiver if you filled "More than 2 I-129F application"

Hope this helps

[jsnearline 2]

I don't think you need a waiver. I was under the impression that you only need a waiver if you filled "More than 2 I-129F application"

Hope this helps

The rule as stated on the I129F form says:

If you have filed two or more K-1 visa petitions at any timein 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.

In this case, a waiver would in fact be necessary because the petitioner's previous petition was approved less than two years ago.