Approved IMBRA Waivers

[michellek1976 0]

I think we've screwed up our case. When we received the RFE we sent it back with a copy of the court records regarding a one-off domestic violence charge. We didn't ask for a waiver because I didn't think that was "a history of violence". Personally I found the forms wording ambiguous and now I think we're destined for a denial.

I wish they would at least do that quickly so we can look forward to our other options.

[Dean iWait 0]

I think we've screwed up our case. When we received the RFE we sent it back with a copy of the court records regarding a one-off domestic violence charge. We didn't ask for a waiver because I didn't think that was "a history of violence". Personally I found the forms wording ambiguous and now I think we're destined for a denial.

I wish they would at least do that quickly so we can look forward to our other options.

The waiver is for filing of multiple K-1 petitions. Is this the case? If not you did the right thing sounds like.

[Identity 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.

When you filed the Waiver request, did you attach any of the evidence stated on the RFE, or was it just a statement?

[sbgwolf1 0]

I think we've screwed up our case. When we received the RFE we sent it back with a copy of the court records regarding a one-off domestic violence charge. We didn't ask for a waiver because I didn't think that was "a history of violence". Personally I found the forms wording ambiguous and now I think we're destined for a denial.

I wish they would at least do that quickly so we can look forward to our other options.

The waiver is for filing of multiple K-1 petitions. Is this the case? If not you did the right thing sounds like.

My understanding is you need a waiver for a criminal case...Nothing wrong with writing one up and sending it now....it may get there before the denial or RFE and save you....worth a shot...right now, your just wasting time.

wolf

When you filed the Waiver request, did you attach any of the evidence stated on the RFE, or was it just a statement?

I just put the a written request. I dont have any 'evidence'. Mine is a multiple filing waiver and the previous one never came here...praying for the best soon.

Wolf

[Dean iWait 0]

I think we've screwed up our case. When we received the RFE we sent it back with a copy of the court records regarding a one-off domestic violence charge. We didn't ask for a waiver because I didn't think that was "a history of violence". Personally I found the forms wording ambiguous and now I think we're destined for a denial.

I wish they would at least do that quickly so we can look forward to our other options.

The waiver is for filing of multiple K-1 petitions. Is this the case? If not you did the right thing sounds like.

My understanding is you need a waiver for a criminal case...Nothing wrong with writing one up and sending it now....it may get there before the denial or RFE and save you....worth a shot...right now, your just wasting time.

wolf

When you filed the Waiver request, did you attach any of the evidence stated on the RFE, or was it just a statement?

I just put the a written request. I dont have any 'evidence'. Mine is a multiple filing waiver and the previous one never came here...praying for the best soon.

Wolf

No. You only need a waiver for filing of multiple K-1's over the set numerical limit. If you have one of the criminal convictions described by IMBRA you will likely be denied a waiver (some exceptions are self defense, petitioner was exposed to extreme cruelty or violence before their offense). i.e. If the USC has a conviction but has not filed more than 1 K-1 petition, no waiver is needed and is not grounds for denial.

[Identity 0]

I think we've screwed up our case. When we received the RFE we sent it back with a copy of the court records regarding a one-off domestic violence charge. We didn't ask for a waiver because I didn't think that was "a history of violence". Personally I found the forms wording ambiguous and now I think we're destined for a denial.

I wish they would at least do that quickly so we can look forward to our other options.

The waiver is for filing of multiple K-1 petitions. Is this the case? If not you did the right thing sounds like.

My understanding is you need a waiver for a criminal case...Nothing wrong with writing one up and sending it now....it may get there before the denial or RFE and save you....worth a shot...right now, your just wasting time.

wolf

When you filed the Waiver request, did you attach any of the evidence stated on the RFE, or was it just a statement?

I just put the a written request. I dont have any 'evidence'. Mine is a multiple filing waiver and the previous one never came here...praying for the best soon.

Wolf

No. You only need a waiver for filing of multiple K-1's over the set numerical limit. If you have one of the criminal convictions described by IMBRA you will likely be denied a waiver (some exceptions are self defense, petitioner was exposed to extreme cruelty or violence before their offense). i.e. If the USC has a conviction but has not filed more than 1 K-1 petition, no waiver is needed and is not grounds for denial.

Is there a set format for this written request?

[robhankins 0]

Is there a set format for this written request?

There seems to be some difference of opinion as to whether or not a waiver request is needed for a criminal conviction. Mine is 2 previous K1 visas in sixteen years, but I read it to say that a waiver is possible even with a criminal conviction. But you won't get a waiver if you don't request it. I don't know exactly your situation, but I would sure fire off a waiver request before you are denied. It can't hurt anything to ask for a waiver. The down side of not asking is huge.

I used a plain letter with all petitioner and beneficiary information, receipt number, A#, etc as heading. Then

Paragraph that this is formal request for IMBRA waiver

Introduction - Synopsis

Situation - Description

Reason to grant waiver - reasons with notes of attached evidence and documents

Conclusion - Powerful closing statement

I took the extra effort to include a notary space and had it notarized, just to be more official and to be sure then knew I was sincere about it.

Is there a set format for this written request?

There seems to be some difference of opinion as to whether or not a waiver request is needed for a criminal conviction. Mine is 2 previous K1 visas in sixteen years, but I read it to say that a waiver is possible even with a criminal conviction. But you won't get a waiver if you don't request it. I don't know exactly your situation, but I would sure fire off a waiver request before you are denied. It can't hurt anything to ask for a waiver. The down side of not asking is huge.

I used a plain letter with all petitioner and beneficiary information, receipt number, A#, etc as heading. Then

Paragraph that this is formal request for IMBRA waiver

Introduction - Synopsis

Situation - Description

Reason to grant waiver - reasons with notes of attached evidence and documents

Conclusion - Powerful closing statement

I took the extra effort to include a notary space and had it notarized, just to be more official and to be sure then knew I was sincere about it.

[Dean iWait 0]

A USC criminal conviction alone is not grounds for denial therefore no waiver is required. I confirmed this with 2 different immigration attorneys also.

[robhankins 0]

A USC criminal conviction alone is not grounds for denial therefore no waiver is required. I confirmed this with 2 different immigration attorneys also.

It seems this case may fall under one of the IMBRA restricted areas. If so, he has to have a waiver or he will be declined. If it were mail fraud, I agree no waiver would be required. For his sake, I hope he files a waiver. You can encourage him not to file a waiver, but I won't.

[Dean iWait 0]

A USC criminal conviction alone is not grounds for denial therefore no waiver is required. I confirmed this with 2 different immigration attorneys also.

It seems this case may fall under one of the IMBRA restricted areas. If so, he has to have a waiver or he will be declined. If it were mail fraud, I agree no waiver would be required. For his sake, I hope he files a waiver. You can encourage him not to file a waiver, but I won't.

I'm not encouraging anyone not to file a waiver. File away as far as I'm concerned ,it certainly can't hurt. At this point we don't know whether he has multiple K-1's or just criminal conviction or both.

But, again a USC conviction alone is not grounds for denial period! Why would need a waiver for something that is not grounds for denial? Think about it. It's not rocket science.

[Littleone+Robert 0]

A USC criminal conviction alone is not grounds for denial therefore no waiver is required. I confirmed this with 2 different immigration attorneys also.

It seems this case may fall under one of the IMBRA restricted areas. If so, he has to have a waiver or he will be declined. If it were mail fraud, I agree no waiver would be required. For his sake, I hope he files a waiver. You can encourage him not to file a waiver, but I won't.

I'm not encouraging anyone not to file a waiver. File away as far as I'm concerned ,it certainly can't hurt. At this point we don't know whether he has multiple K-1's or just criminal conviction or both.

But, again a USC conviction alone is not grounds for denial period! Why would need a waiver for something that is not grounds for denial? Think about it. It's not rocket science.

our immigration attorney also said the same as Dean, we don't need a waiver request if we don't have multiple K-1. we have waited for the news from CSC since we sent our RFE.

Well, the IMBRA makes us scared for denial , but we have positive attitude (try to be positive)... if we have any progress, we will keep you updated...

Wish all of us the best...

[lovebug 0]

A USC criminal conviction alone is not grounds for denial therefore no waiver is required. I confirmed this with 2 different immigration attorneys also.

It seems this case may fall under one of the IMBRA restricted areas. If so, he has to have a waiver or he will be declined. If it were mail fraud, I agree no waiver would be required. For his sake, I hope he files a waiver. You can encourage him not to file a waiver, but I won't.

I'm not encouraging anyone not to file a waiver. File away as far as I'm concerned ,it certainly can't hurt. At this point we don't know whether he has multiple K-1's or just criminal conviction or both.

But, again a USC conviction alone is not grounds for denial period! Why would need a waiver for something that is not grounds for denial? Think about it. It's not rocket science.

our immigration attorney also said the same as Dean, we don't need a waiver request if we don't have multiple K-1. we have waited for the news from CSC since we sent our RFE.

Well, the IMBRA makes us scared for denial , but we have positive attitude (try to be positive)... if we have any progress, we will keep you updated...

Wish all of us the best...

My fiance had a waiver request sent even if it was just a very slight domestic violence he had committed many years ago. Yes, that's right it wont hurt sending waiver request. Im glad I told my fiance to file a waiver request together with the RFE to make it sure. Got approved Aug 14th, and as far as Rob said we were the first one who got the approval that falls under RFE Imbra with waiver request. I think it helped a lot.

[robhankins 0]

A USC criminal conviction alone is not grounds for denial therefore no waiver is required. I confirmed this with 2 different immigration attorneys also.

It seems this case may fall under one of the IMBRA restricted areas. If so, he has to have a waiver or he will be declined. If it were mail fraud, I agree no waiver would be required. For his sake, I hope he files a waiver. You can encourage him not to file a waiver, but I won't.

I'm not encouraging anyone not to file a waiver. File away as far as I'm concerned ,it certainly can't hurt. At this point we don't know whether he has multiple K-1's or just criminal conviction or both.

But, again a USC conviction alone is not grounds for denial period! Why would need a waiver for something that is not grounds for denial? Think about it. It's not rocket science.

our immigration attorney also said the same as Dean, we don't need a waiver request if we don't have multiple K-1. we have waited for the news from CSC since we sent our RFE.

Well, the IMBRA makes us scared for denial , but we have positive attitude (try to be positive)... if we have any progress, we will keep you updated...

Wish all of us the best...

My fiance had a waiver request sent even if it was just a very slight domestic violence he had committed many years ago. Yes, that's right it wont hurt sending waiver request. Im glad I told my fiance to file a waiver request together with the RFE to make it sure. Got approved Aug 14th, and as far as Rob said we were the first one who got the approval that falls under RFE Imbra with waiver request. I think it helped a lot.

OK, we all seem to agree that non-IMBRA specified criminal cases don't require a waiver. My point is that criminal cases falling under IMBRA specific crimes like domestic violence DO require a waiver request in order to be approved. Such is the case in point; domestic violence. He must rush a waiver request unless he wants to be denied. This was the subject of his question, a "one off" domestic violence case.

[Identity 0]

Is there a set format for this written request?

There seems to be some difference of opinion as to whether or not a waiver request is needed for a criminal conviction. Mine is 2 previous K1 visas in sixteen years, but I read it to say that a waiver is possible even with a criminal conviction. But you won't get a waiver if you don't request it. I don't know exactly your situation, but I would sure fire off a waiver request before you are denied. It can't hurt anything to ask for a waiver. The down side of not asking is huge.

I used a plain letter with all petitioner and beneficiary information, receipt number, A#, etc as heading. Then

Paragraph that this is formal request for IMBRA waiver

Introduction - Synopsis

Situation - Description

Reason to grant waiver - reasons with notes of attached evidence and documents

Conclusion - Powerful closing statement

I took the extra effort to include a notary space and had it notarized, just to be more official and to be sure then knew I was sincere about it.

Is there a set format for this written request?

There seems to be some difference of opinion as to whether or not a waiver request is needed for a criminal conviction. Mine is 2 previous K1 visas in sixteen years, but I read it to say that a waiver is possible even with a criminal conviction. But you won't get a waiver if you don't request it. I don't know exactly your situation, but I would sure fire off a waiver request before you are denied. It can't hurt anything to ask for a waiver. The down side of not asking is huge.

I used a plain letter with all petitioner and beneficiary information, receipt number, A#, etc as heading. Then

Paragraph that this is formal request for IMBRA waiver

Introduction - Synopsis

Situation - Description

Reason to grant waiver - reasons with notes of attached evidence and documents

Conclusion - Powerful closing statement

I took the extra effort to include a notary space and had it notarized, just to be more official and to be sure then knew I was sincere about it.

There is no criminal conviction. Thank you for the information though.

[Dean iWait 0]

A USC criminal conviction alone is not grounds for denial therefore no waiver is required. I confirmed this with 2 different immigration attorneys also.

It seems this case may fall under one of the IMBRA restricted areas. If so, he has to have a waiver or he will be declined. If it were mail fraud, I agree no waiver would be required. For his sake, I hope he files a waiver. You can encourage him not to file a waiver, but I won't.

I'm not encouraging anyone not to file a waiver. File away as far as I'm concerned ,it certainly can't hurt. At this point we don't know whether he has multiple K-1's or just criminal conviction or both.

But, again a USC conviction alone is not grounds for denial period! Why would need a waiver for something that is not grounds for denial? Think about it. It's not rocket science.

our immigration attorney also said the same as Dean, we don't need a waiver request if we don't have multiple K-1. we have waited for the news from CSC since we sent our RFE.

Well, the IMBRA makes us scared for denial , but we have positive attitude (try to be positive)... if we have any progress, we will keep you updated...

Wish all of us the best...

My fiance had a waiver request sent even if it was just a very slight domestic violence he had committed many years ago. Yes, that's right it wont hurt sending waiver request. Im glad I told my fiance to file a waiver request together with the RFE to make it sure. Got approved Aug 14th, and as far as Rob said we were the first one who got the approval that falls under RFE Imbra with waiver request. I think it helped a lot.

OK, we all seem to agree that non-IMBRA specified criminal cases don't require a waiver. My point is that criminal cases falling under IMBRA specific crimes like domestic violence DO require a waiver request in order to be approved. Such is the case in point; domestic violence. He must rush a waiver request unless he wants to be denied. This was the subject of his question, a "one off" domestic violence case.

No, I'm sorry Rob you are wrong! You can be a convicted murderer and not need a waiver as long as you are not filing multiple K-1's. I've talked to a couple on another forum last night, he has a conviction in his past that does fall under the IMBRA specific convictions. He did not file a waiver (no need, no multiple K-1's) and they filed on 4/25/06 and just got their NOA2 on 8/3/06. Lovebug did not need to file a waiver in their case since this is his only K-1. They filed the waiver anyway, no harm, no foul. They were approved because they should have been approved not because the waiver was granted. I was once very confused on this part of the law. I'm not anymore. Again I have also confirmed this with 2 immigration attorneys and if you will notice above littleone's attorney also confirmed the same thing.