Approved IMBRA Waivers

[sbgwolf1 0]

Congrats....but didnt the memorandum say k3s didnt have this criteria?

[luvbugs4ever 0]

I really am so sad that others are getting touches after the CSC received the RFE, but i doubt that the reason why we are not being touched it is because of the RFE IMBRA waiver request... just too bad for us, but i hope we could have our NOA2s soon just like others who had submitted their application after ours (april/may/june) yet they already have their NOa2.

[mendeleev 68]

You are right, sbgwolf1, that the Ayres memo indicates that K3 visa petitioners don't need to worry about the multiple K1 issue the way a repeat K1 petitioner should worry.

In fact, I find the Ayres memo quite discouraging -- it seems for me the two safe options are to wait until late April to file our next petition or to get married overseas. A marriage in her country isn't much of an option -- they have their own barriers, and I'm investigating (and advocating to my fiance) third party options. It is a rather distasteful way to have to marry.

I have an appointment with my Representative's legislative aide who works on immigration matters next Thursday. I don't expect concrete help, but I do want to at least make them aware of how the Administration is not following the law.

[sbgwolf1 0]

Yea, I am really thinking there is a change of this waiver not going thru for some rediculous reason (no arrests, but 2nd petition). I may have to end up marrying abroad and doing the k-3 which will create a host of problems itself with my job/time off. That would mean start over and I am still sure they are sorting this out to the point it MAY end up applying to the k3 also. Or, the fact I would then have 2 petitions (k1) before the k3 (even though one of them is my fiancee currently) may be an issue viewed as 'getting around the IMBRA' and provoke administrative review. Who knows, why cant two people that love one another be together. Its not like I am trying to 'get over' on the government or do anything wrong???

Edited August 4, 2006 by sbgwolf1

[vic&el4ever 0]

Can we start a new thread ONLY for those of us requesting an IMBRA WAIVER? I requested a waiver at the time I returned my RFE (July 6). My WAIVER request is because I have filed two previous K1 visas in the past sixteen years.

I am so anxious to know how the USCIS will deal with these waiver requests and what criteria they will use for approving or denying them, as well as the time they will take to adjudicate them. I know there are a few of us in the same boat.

I am sure all of us will get through the RFE and IMBRA basic requirement fine. It is those of us requiring a waiver that really affects and concerns me.

I have had no touch since the USCIS acknowledged receipt on the 13th of July. Email received 14th.

I am a little confused on how to write this request for a wavier. Please help!

A wavier request is just writing them a letter? No forms to fill out other than the request letter?

Me and my fiancée are so worried about denied also because i have 2 convictions over my head. Do I need to explain about my convictions also in this wavier?

Also you talk about a Plan B if you are denied, can we talk more about that also? Can we appeal our case after a denied wavier?

Thanks and GOD BLESS!!!!

For a clear picture of what they are looking for in a Waiver Request, see the USCIS Memorandum posted by Rick THE MOTHER OF ALL IMBRA MEMOS in the IMBRA forum.

Thanks for your help in making the writing of our wavier clear and understandable to them so we can be approved in a timely matter. I am hoping to have it done and in the mail. I am so slow with this. I need to get on the ball!

Wish us all luck! GOD BLESS YOU ALL FOR YOUR EFFORTS!!!

[vic&el4ever 0]

Yea, I am really thinking there is a change of this waiver not going thru for some rediculous reason (no arrests, but 2nd petition). I may have to end up marrying abroad and doing the k-3 which will create a host of problems itself with my job/time off. That would mean start over and I am still sure they are sorting this out to the point it MAY end up applying to the k3 also. Or, the fact I would then have 2 petitions (k1) before the k3 (even though one of them is my fiancee currently) may be an issue viewed as 'getting around the IMBRA' and provoke administrative review. Who knows, why cant two people that love one another be together. Its not like I am trying to 'get over' on the government or do anything wrong???

I wonder how many of us will have to do a K-3 after all this mess with the wariers. But to remain positive that it will be approved is all we can do for now. My Fiancee and I prey that we will be together soon, but expect the worse.

[robhankins 0]

From what I can see on this board, NOT ONE of us who has filed a waiver (any kind of waiver) has been approved. I know it is coming. Once one of us gets approved, maybe all of us will.

[PurrSuede 0]

I'm definitely interested in this thread... I had two previous K-1's

My first was to an ex-fiancee, but I withdrew it voluntarily in April 2003, as our relationship ended before she interviewed or was granted a Visa... nevertheless the I-129F had been APPROVED... (Strike One!)

My 2nd K-1 was for my ex-wife, we were recently divorced... Of course she had come here on a K-1 as well, in May 2004 - (Strike Two says the IMBRA Umpire!)

So I'm planning ahead on this...

But as I understand things, you don't need this for the K-3, even though you fill out the same form???

If you look at the document at:

http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

It specifically says on page 2:

IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has 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 the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3).

and again on page 6 (regarding the mandatory tracking)

The numerical limitation and waiver provisions described in Section II, paragraph B of this memorandum, however, only apply to individuals filing a petition on behalf of a fiancé(e) (seeking a K-1 visa).

So from the USCIS own procedural memos it would appear a K-3 is exempt from the NUMERICAL limitations, which is the situation I'm in with this mess...

Not that I have someone in mind, but I want to have my ducks in a row first before even looking again.

So it would appear a K-3 IS a way around the numerical limitations waiver. I guess the figure if you fly off to a foreign land and get married you ARE serious about it... but anyway, the USCIS rules themselves say that the numerical limits do NOT apply to K-3's Rob...

-- Dan

Edited August 13, 2006 by PurrSuede

[lovebug 0]

Can we start a new thread ONLY for those of us requesting an IMBRA WAIVER? I requested a waiver at the time I returned my RFE (July 6). My WAIVER request is because I have filed two previous K1 visas in the past sixteen years.

I am so anxious to know how the USCIS will deal with these waiver requests and what criteria they will use for approving or denying them, as well as the time they will take to adjudicate them. I know there are a few of us in the same boat.

I am sure all of us will get through the RFE and IMBRA basic requirement fine. It is those of us requiring a waiver that really affects and concerns me.

I have had no touch since the USCIS acknowledged receipt on the 13th of July. Email received 14th.

Got our NOA2 approval today.

My fiance had waiver request. We had received our RFE notice July 14th got touched Aug 12th and got our NOA2 notice Aug 14th.

[robhankins 0]

Got our NOA2 approval today.

My fiance had waiver request. We had received our RFE notice July 14th got touched Aug 12th and got our NOA2 notice Aug 14th.

Congratulations!

I am so happy for you. You are the first I have heard of that got the waiver approval. That gives me hope. Can you send me a personal message and let me know again what the circumstance was about your waiver? I pray mine (and all others) will be approved this week. Thanks for letting us know the FIRST WAIVER was approved and again congratulations.

[sbgwolf1 0]

Got our NOA2 approval today.

My fiance had waiver request. We had received our RFE notice July 14th got touched Aug 12th and got our NOA2 notice Aug 14th.

CONGRATULATIONS. Good luck with your interview and lives together.

Please let me know, is the waiver a mult petition waiver or a criminal record. If it is a multiple petition, please elaborate a little bit. This is my situation.

Edited August 15, 2006 by sbgwolf1

[PurrSuede 0]

Got our NOA2 approval today.

My fiance had waiver request. We had received our RFE notice July 14th got touched Aug 12th and got our NOA2 notice Aug 14th.

Congratulations!! And Best Wishes!

And it's important to me too, to know if your waiver was based on previous K-1's...

-- Dan

[robhankins 0]

Allright NOW!

We have at least one Waiver Request approved. Has anyone else who submitted a waiver request gotten touched, additional RFEs, approved or any type of action at all??

We may finally see the log jam start to break. Let's bow our heads for a moment and hope for the best. Please let this elite group know if you get any action at all. We are all sitting on pins and needles waiting for news.

[luvbugs4ever 0]

I do congratulate lara and her fiance to be the first time couple who had requested waiver and got approved(noa2), but i understand their case was a lil not complicated compared to ours, it was their first time for K1 .. but im still hoping for those who are in the same boat with what me and my fiance are in, hope you could get your noa2 soon.... We gave up with K1, my fiance is on the plane right now to see me and finally have our civil wedding... guess K3 is the best action... that would prove more that, we are so much persistent to be together even if it takes time.... Good luck to all!

[lovebug 0]

I do congratulate lara and her fiance to be the first time couple who had requested waiver and got approved(noa2), but i understand their case was a lil not complicated compared to ours, it was their first time for K1 .. but im still hoping for those who are in the same boat with what me and my fiance are in, hope you could get your noa2 soon.... We gave up with K1, my fiance is on the plane right now to see me and finally have our civil wedding... guess K3 is the best action... that would prove more that, we are so much persistent to be together even if it takes time.... Good luck to all!

Hi Lou,

Thanks a lot friend. I wish you the best to whatever plans you both have, you both deserve to be happy. Im hoping that you will get your NOA2 before your civil wedding day. On the other hand, if its God's will that K3 will be best for you so you wont be dealing with other concerns in the future just want to say Congratulations and God bless both of you.

Good luck and best wishes!!!!!

Lara