Help: USCIS requests a Waiver

[NODINK 0]

I got a RFE today and it said that I have to file a Waiver. This is my 2nd filing, 1st was last yr, but got rejected.

What is a Waiver? and waiver to what? I need an example. Thanks.

[Darnell 8,478]

a waiver for 2nd K-1 falls under VAWA guidelines.

Many ppl in your situation 'ask for the waiver' in a letter, included with initial I-129F submittal packet.

Can you tell us exactly what was written on the RFE ? There might be some INA/9FAM codes in there, as well. Those are important, helps to guide us with exactly 'what' you need.

[pushbrk 12,883]

a waiver for 2nd K-1 falls under VAWA guidelines.

Many ppl in your situation 'ask for the waiver' in a letter, included with initial I-129F submittal packet.

Can you tell us exactly what was written on the RFE ? There might be some INA/9FAM codes in there, as well. Those are important, helps to guide us with exactly 'what' you need.

By VAWA, Darnell is referring to IMBRA.

[Darnell 8,478]

Duh - IMBRA it is

I've had a brain fart recently, mixing up such innocuous terms as VAWA, Adam Walsh, IMBRA .. grrrr. Sleep will fix this, I'm sure.

[JimVaPhuong 4,863]

I got a RFE today and it said that I have to file a Waiver. This is my 2nd filing, 1st was last yr, but got rejected.

What is a Waiver? and waiver to what? I need an example. Thanks.

First filing was last year? Was the petition denied at USCIS, or was the visa denied at the consulate?

If the first petition was denied at USCIS then you are not subject to the IMBRA filing limitation yet, and should not need to ask for a waiver. If the first petition was approved, then you ARE subject to the filing limitation, and DO need to request a waiver. Read the IMBRA filing limitation section 7.B of the I-129F instructions, beginning on page 3. That will briefly explain how to request a waiver. Basically, it's just a letter, signed and dated, explaining why you think you should be granted a waiver from the filing limitation.

Can you be more specific about exactly what the RFE said?

[pushbrk 12,883]

First filing was last year? Was the petition denied at USCIS, or was the visa denied at the consulate?

If the first petition was denied at USCIS then you are not subject to the IMBRA filing limitation yet, and should not need to ask for a waiver. If the first petition was approved, then you ARE subject to the filing limitation, and DO need to request a waiver. Read the IMBRA filing limitation section 7.B of the I-129F instructions, beginning on page 3. That will briefly explain how to request a waiver. Basically, it's just a letter, signed and dated, explaining why you think you should be granted a waiver from the filing limitation.

Can you be more specific about exactly what the RFE said?

Whether I agree with your stated opinion or not, he has an RFE for a waiver, so he can't just say he shouldn't need one. He needs to write a short letter asking explaining why he's filing a second petition and ask that the IMBRA related filing limitations be waived, then follow the RFE instructions for sending the letter back.

[Darnell 8,478]

I dunno guys, his prior posts reveal all - might want to have a read. IMO, it's for the same lass.

[NODINK 0]

First filing was last year? Was the petition denied at USCIS, or was the visa denied at the consulate?

If the first petition was denied at USCIS then you are not subject to the IMBRA filing limitation yet, and should not need to ask for a waiver. If the first petition was approved, then you ARE subject to the filing limitation, and DO need to request a waiver. Read the IMBRA filing limitation section 7.B of the I-129F instructions, beginning on page 3. That will briefly explain how to request a waiver. Basically, it's just a letter, signed and dated, explaining why you think you should be granted a waiver from the filing limitation.

Can you be more specific about exactly what the RFE said?

Jim,

The Visa denied at the consulate, the file returned to USCIS and finally closed due to validity expiered in Feb '10. In NOD letter USICS said I can file a new petition. I did. And now it wants a waiver from me.

Here is a portion of the RFE letter:

"Since the petitioner has filed two or more K1 visa petitions at any time in the past, or prev had a K1 visa petition approved within 2 yrs prior to the filling of this petition, the petitioner must apply for a waiver. To apply for a waiver.. blah .. blah.. together w/ any evidence in support of the petitioner's request. Examples of such evidence may include, but not limited to:

*Statement made by the petitioner regarding his/her filing history and the outcome of all prev i-129f petition filed.

*Death cert/med reports..

*Police reports, court records... if petitioner has a hist of violent criminal offenses

*Police reports, court records, statements made by petitioner and/or other indi w/ personal knowledge regard the events leading up to and surrounding an offense, etc. if the petitioner was subjected to battery or extreme cruelty.

Service records reveal that petitioner has filed the following:

On Oct 2009, the Am Consulate/Emb HCMC, VN returned the prev approved petition (WACXXXXX) to the USCIS for further review and action.

Beneficiary failed to desmonstrate a bona fide relationship..."

So, what should I write to make a good case for 'em to grant me a waiver?

[Audy_Rob 26]

Jim,

The Visa denied at the consulate, the file returned to USCIS and finally closed due to validity expiered in Feb '10.

So, what should I write to make a good case for 'em to grant me a waiver?

What you write should be addressing the Reason for Denial at the Embassy for the first petition and how you plan to overcome that issue the second time around. I think USCIS is saying, OK, you had your chance with the previous approved I-129F and were denied the Visa at the US Embassy/Consulate interview. Why should we just go and issue or approve another I-129F ???

I think they will want to know how you will fix this situation and overcome the previous problems at the Consulate. If you can demonstrate a reasonable and valid plan then USCIS might grant the Waiver to the IMBRA requirements.

Good luck

[ScottThuy 140]

for sure!

The letter should specifically note why they denied the previous application (lack of proof of bonafide) and reflect the evidence included in the new petition that overcomes the previous denial...

The proof of bonafide needs to be included in the new petition so it wont be an issue in the next interview...

On Oct 9 My fiance jane doe's application for a fiance visa was denied based on the consular officers opinion that we didnot demonstrate a bonafide relationship, and returned to USCIS. The previous petition was declared dead by USCIS as it had expired.

I have included the following evidence to address the issue noted by the consular officer:

1.

2.

3.

etc etc etc...

include the petition number and note that you are requesting a waiver to allow the current petition to be approved.

Edited June 2, 2010 by ScottThuy

[payxibka 10,045]

I dunno guys, his prior posts reveal all - might want to have a read. IMO, it's for the same lass.

despite the fact that it is or might be for the same lass and therefore technically not subject to IMBRA... we all know that the USCIS is adjudicating these situation incorrectly (per USCIS memo of a couple years ago). OP needs to make a waiver request and go from there.

[NODINK 0]

Thanks all... I'll write up a waiver today.

[Darnell 8,478]

Excellent !

[NODINK 0]

Good news to share w/ you all. My Waiver app has been accepted and NOA is coming in the mail. I'm really happy. Thanks all!!!