Waiver for 2nd K1 in 2 years

[vic&el4ever 0]

Hi all,

I did a visa in May 2005 it was approved in January 2006, even though during October my ex-fiancée and had a falling out.

I met someone else and started a new visa and sure we got the RFE.

Will I need to do a Waiver and if so how, where do I get information on it?

Thanks and god bless you all!

[Billy 0]

Hi all,

I did a visa in May 2005 it was approved in January 2006, even though during October my ex-fiancée and had a falling out.

I met someone else and started a new visa and sure we got the RFE.

Will I need to do a Waiver and if so how, where do I get information on it?

Thanks and god bless you all!

Hi

I don't have any advice for you, but good luck to you both.

Bill

[aussiewench 9]

According to the I-129F instructions, yes

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 by documentation of your claim to the waiver.

B. If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in you case, together with any evidence in support of your request. 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.

Documentation is going to vary depending on your individual circumstances. Basically what you need is anything that is going to support your written request for a waiver.

[Turboguy 6]

I hope you can post a follow up on this about what you had to do and how you made out. I am sure a lot of others, very possibly including myself will face the same thing and knowing what you experience will help us all.

That whole law gets my blood boiling. To me life, liberty and the persuit of happines are supposed to be basic rights and being with someone we love is sure my idea of persuing happiness. What right does the government have to tell us who we can marry and when. If you get turned down, I would contact the ACLU and see if they will file a suit and maybe we can get rid of this law.

Edited July 19, 2006 by Turboguy

[vartan 0]

What right does the government have to tell us who we can marry and when

They are not saying who you can and can't marry and when .. they are just saying if you submit too many then you have to explain yourself on a waiver.

Edited July 19, 2006 by vartan

[Yodrak 7]

Turboguy,

The government isn't telling us who we can marry and when. The government is controlling which aliens can immigrate to the USA and how, a responsibility given to it by we the citizens through our elected representatives.

(Just out of curiosity - where do you stand on the gay marriage issue?)

Yodrak

... What right does the government have to tell us who we can marry and when. ....

Edited July 19, 2006 by Yodrak

[Dean iWait 0]

According to the I-129F instructions, yes

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 by documentation of your claim to the waiver.

B. If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in you case, together with any evidence in support of your request. 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.

Documentation is going to vary depending on your individual circumstances. Basically what you need is anything that is going to support your written request for a waiver.

That last part makes it sound like that if the beneficiary didn't die don't expect a waiver. Just my interpretation.

[vartan 0]

That last part makes it sound like that if the beneficiary didn't die don't expect a waiver. Just my interpretation.

pretty morbid example huh?

[bradyvicky 0]

I also had to "request a waiver" for this because I divorced from a K1 Visa/marriage and applied for this current K3 Visa 1.5 years later. This puts me within the guidelines of needing a waiver.

I simply wrote a letter of explanation of my K1/marriage/divorce and a much longer novel of my beautiful relationship with my current wife! I explained at the end of the letter, page one of the K3 application after the index, that this was my official request for a waiver and my supporting evidence was the enclosed divore decree.

They dont really state WHAT is required for the waiver....so...take your best shot and let everyone know how it goes! I will be doing the same!

(PS...not that any of this matters because the K3 will take another 14 f-ing years to get approved anyway!!!)

[Rick2000 0]

That last part makes it sound like that if the beneficiary didn't die don't expect a waiver. Just my interpretation.

pretty morbid example huh?

If I am not mistaken, the actual IMBRA law passed by congress actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

H.R. 3402

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(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.

So USCIS has changed the word "and" to "or" causing many of us to have to apply for a wiaver, when in fact the actual Law only requires such for a third Petition.

[Dean iWait 0]

That last part makes it sound like that if the beneficiary didn't die don't expect a waiver. Just my interpretation.

pretty morbid example huh?

If I am not mistaken, the actual IMBRA law passed by congress actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

H.R. 3402

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(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.

So USCIS has changed the word "and" to "or" causing many of us to have to apply for a wiaver, when in fact the actual Law only requires such for a third Petition.

Ahh, I see what your saying now. If both don't apply you shouldn't need a waiver. Sorry for blowing you off when you mentioned this before in another thread. I guess I didn't get it the first time.

[aussiewench 9]

That last part makes it sound like that if the beneficiary didn't die don't expect a waiver. Just my interpretation.

pretty morbid example huh?

If I am not mistaken, the actual IMBRA law passed by congress actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

H.R. 3402

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(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.

So USCIS has changed the word "and" to "or" causing many of us to have to apply for a wiaver, when in fact the actual Law only requires such for a third Petition.

It's a matter of interpretation. eg I interpret the above completely different then you do. The DHS/USCIS has their interpretation of the law and from what I have learned in the past this is not uncommon. It is also not uncommon across any department regardless of which law.

[sbgwolf1 0]

I agree, what passed and what is on that form are two separate entities. I also am stuck with this. I wrote an explanation and basiccally begged for a waiver although I do not feel I should have to. My understanding of the law that passed I do not need to, but I we must follow the implementation. I am hoping it is just them being precautious and will not even look at those that it doesnt effect by law. They may just scrutinize those 'over' two.

Lets hope for the best.

[vic&el4ever 0]

That last part makes it sound like that if the beneficiary didn't die don't expect a waiver. Just my interpretation.

pretty morbid example huh?

If I am not mistaken, the actual IMBRA law passed by congress actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

H.R. 3402

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(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.

So USCIS has changed the word "and" to "or" causing many of us to have to apply for a wiaver, when in fact the actual Law only requires such for a third Petition.

So is that a YES or NO for our case. I read that line many many times. My first case was approved @ CSC, went to the NVC, then to the embassy. When it arrived at the embassy I then faxed a letter of withdraw and I will include that with my waiver with the reasons why I stopped it.

Thanks all for your kind words of support and god bless you all! GOOD LUCK TO ALL!!!