Notice of Intent to Deny

[Malarie 0]

Hi All,

*** I am looking for help not snide comments so if you can not help me please do not respond -- I dont want to sound like a jerk but honestly I can not take any BS tonight! ***

Here are the facts:

1. Married to a man in the USA on TPS (temporary protective status). Filed for his residency when 245i opened in 2001. We filed an I130. Relationship ended in divorce.

2. Married a man in his country and we filed the I130 and I129f - the I29F was approved April 17, 2007. The man split when he arrived - we never adjusted status. I submitted a withdrawl on my affidavit of support.

3. Filed for a K1 on July 28, 2009 and received a NOID stating that I am not eligible to file for another K1 visa. I have researched IMBRA and it clearly states that you are allowed to petition for 2 K visas in a lifetime without a waiver request, however, the requests must be more than 2 years between the approval date of the first K visa.

I researched this and thought I did everything correct and now the NOID.... I'm freaking out.... Lawyer or not? Should I try to write a waiver request myself stating the facts ... does anyone have experience in this and if so HELPPPPPP please with the wording.

I dont want to mess this up!!

Thanks,

Malarie

[Deryck and Miho 0]

I have no personal experience with what you are describing, but If you have the appropriate waiver forms, I would suggest submitting them yourself first. The worst they could say is 'no', then a lawyer may be appropriate. (I guess I just have a personal bias against using legal services if it can be helped.)

You may be able to just reiterate what you stated about IMBRA having a 2 year requirement. Someone there may just not be checking dates very carefully.

Edited October 19, 2009 by Deryck and Miho

[Malarie 0]

I have no personal experience with what you are describing, but If you have the appropriate waiver forms, I would suggest submitting them yourself first. The worst they could say is 'no', then a lawyer may be appropriate. (I guess I just have a personal bias against using legal services if it can be helped.)

You may be able to just reiterate what you stated about IMBRA having a 2 year requirement. Someone there may just not be checking dates very carefully.

There are no "forms" a letter needs to be drafted and the truth is I dont know what to say or how to word it ... not my forte'!

[Deryck and Miho 0]

I feel for you... sorry I cannot be of any help. Good luck.

[Chica Yeyé 41]

Why is this under IMBRA?

[Malarie 0]

Why is this under IMBRA?

BECAUSE THE NOID STATES IT WAS ISSUED BASED UPON IMBRA filing limitations.

If this message is in the wrong area than I apologize.

[Chica Yeyé 41]

Why is this under IMBRA?

BECAUSE THE NOID STATES IT WAS ISSUED BASED UPON IMBRA filing limitations.

If this message is in the wrong area than I apologize.

Holy cow, relax; I was just asking in good faith. Never mind, have someone else answer your questions. Sheesh

[Malarie 0]

Why is this under IMBRA?

BECAUSE THE NOID STATES IT WAS ISSUED BASED UPON IMBRA filing limitations.

If this message is in the wrong area than I apologize.

Holy cow, relax; I was just asking in good faith. Never mind, have someone else answer your questions. Sheesh

I apologize --- I'm a little stressed out .... It's only my life here .....