2nd petition waiver required?

[lostwisconsinite 0]

i filed a petition within 2 years and i cancelled it before the beneficiary interview. this was still an approved petition so i suppose im required to request a waiver for a new petition correct? any guidelines on what format they require of a waiver request in such a situation?

[JenT 0]

i filed a petition within 2 years and i cancelled it before the beneficiary interview. this was still an approved petition so i suppose im required to request a waiver for a new petition correct? any guidelines on what format they require of a waiver request in such a situation?

Read section 4 of the I-129F.:

http://www.uscis.gov/graphics/formsfee/for...iles/I-129F.pdf

"To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver."

[lostwisconsinite 0]

JenT i have read that numerous times and it is still quite vague, especially in light of that i requested a cancel of the petition AFTER the approval and BEFORE the interview meaning the beneficiary of that petition never made it stateside.

even more confusing is the fine print about "acceptable reasons" for requesting the waiver.. self defense death.. and whatnot. how does this apply to me and does it?

maybe im confusing this or it truly is confusing out of the box. how can i request a waiver and do i really need to give a reason? ok, i was a likely victim of a money scam. is this their business to know? i simply wanted to cancel this petition so why do i need to grovel for a waiver? how about IMBRA create a database of beneficiaries who have been through the mill before instead and to protect me or another guy from a potential scam.

[aussiewench 9]

lostwisconsinite

The below link may give you further guidance.

USCIS Interoffice Memo - Re International Marriage Broker Regulation Act Implementation Guidance

Edited September 11, 2006 by aussiewench

[Pinay Wife 47]

even more confusing is the fine print about "acceptable reasons" for requesting the waiver.. self defense death.. and whatnot. how does this apply to me and does it?

The questions you need to ask yourself are:

1) Have I been convicted of any of the "IMBRA specified crimes"? If yes,

2) Did I commit such crime while acting in self-defense? If yes,

3) Waiver applies

how can i request a waiver and do i really need to give a reason? ok, i was a likely victim of a money scam. is this their business to know? i simply wanted to cancel this petition so why do i need to grovel for a waiver? how about IMBRA create a database of beneficiaries who have been through the mill before instead and to protect me or another guy from a potential scam.

If you truly want to create a database of scammers to protect another clueless guy, you would have to be very specific with your story by telling it as it is. But if you want to protect your privacy to avoid embarassing yourself, your story can be as simple as "the relationship did not work out". But then again, you won't be helping the other guys out there.

Your letter can be as generic as this:

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), I would like to respectfully request for waiver on filing limitations in connection with my current petition.

A waiver is appropriate in my circumstance because I have no criminal history with regard to the specified crimes under IMBRA. I have one prior approved Form I-129F for Ms. Never Quite Made The Cut, the details of which are as follows:

Name of alien fiancee : Ms. Never Quite Made The Cut

Place of filing : _________ Service Center

Date of filing : xx-xx-xx

A# : Axxx xxx xxx

Result : Petition approved by USCIS on xx-xx-xx

The relationship with my then alien fiancee did not work out and I requested for the cancellation of the petition as evidenced by the attached letter addressed to the USCIS. (make sure you attach evidence)

Hoping for your kind consideration of my request.

Sincerely,

[lostwisconsinite 0]

thanks aussiewench, that memo helped clarify for me that i "should" be granted a waiver with no problems. my only concern is this. i was approved on my petition but i cancelled it before the interview. it appears that this factor is not taken into account... is it? there is no chance i could have subjected my beneficiary to any sort of abuse if she never even made it into this country

[aussiewench 9]

thanks aussiewench, that memo helped clarify for me that i "should" be granted a waiver with no problems. my only concern is this. i was approved on my petition but i cancelled it before the interview. it appears that this factor is not taken into account... is it? there is no chance i could have subjected my beneficiary to any sort of abuse if she never even made it into this country

You could I imagine write a request for a waiver as in the example given by PatientlyWaiting and as said, include any evidence of that cancellation of the petition. USCIS is giving worst case scenarios as examples and most petitioners I'd hazzard a guess are not going to fall into those categories. A simple request in writing and attaching any related evidence that you can muster, is all that one can do.