Filed for K1 with IMBRA waiver request

[Jetson 0]

I Have posted my case in the K1 visa forum thread, and also included the link here under the special IMBRA topics. I will try to update it as my situation developes. Hopefully there will be a happy ending.

http://www.visajourney.com/forums/index.php?showtopic=36005

[PurrSuede 0]

I Have posted my case in the K1 visa forum thread, and also included the link here under the special IMBRA topics. I will try to update it as my situation developes. Hopefully there will be a happy ending.

http://www.visajourney.com/forums/index.php?showtopic=36005

The NOA1 is good, but of course, the important thing is how will they deal with the waiver??

If I do file another K-1 request, it will be my 3rd, even though only one visa was ever issued, so it's of importance to me to see how most waivers turn out.

It really looks as though you're not a huge serial K-1'st and you don't have a criminal background, they seem to approve the waiver requests.

Haven't heard of anyone here being refused.... at least...

-- Dan

[LookyWhatIFound 38]

I Have posted my case in the K1 visa forum thread, and also included the link here under the special IMBRA topics. I will try to update it as my situation developes. Hopefully there will be a happy ending.

http://www.visajourney.com/forums/index.php?showtopic=36005

I'm in the same boat there, Jetson. I filed with a waiver request for 2 previous K-1s. Haven't heard a thing though, since I got NOA1 2 months ago. I'm startin to think that filing a waiver request has essentially the same effect as telling USCIS to put you on the back of the line and wait until they're finished with all the rest!

[PurrSuede 0]

It looks like your original thread was moved to this forum, as this is where it should likely be (as deemed by the powers-that-be)....

Just an FYI

-- Dan

[1HappyGuy 45]

Good Luck to all of you filing waivers. I really believe that this area is so new to the USCIS that if you make a good case for yourself, it will be approved. As I've said before, they are looking for multiple filers, criminals and those with abusive backgrounds. The most important thing is to be honest about all aspects. It is easier to remember the truth than a lie.

The people at the USCIS aren't dumb, just over worked and unappreciated. But, if you have been trying to find that special person and for numerous reasons it hasn't been successful, you should not be punished for this.

I will be following this closely also, so please keep everyone abreast of your situations. Others to follow will need your sage advice. A very good friend just ended his second application without any visas being issued, so many more are interested.

[LookyWhatIFound 38]

Good Luck to all of you filing waivers. I really believe that this area is so new to the USCIS that if you make a good case for yourself, it will be approved. As I've said before, they are looking for multiple filers, criminals and those with abusive backgrounds. The most important thing is to be honest about all aspects. It is easier to remember the truth than a lie.

The people at the USCIS aren't dumb, just over worked and unappreciated. But, if you have been trying to find that special person and for numerous reasons it hasn't been successful, you should not be punished for this.

I will be following this closely also, so please keep everyone abreast of your situations. Others to follow will need your sage advice. A very good friend just ended his second application without any visas being issued, so many more are interested.

Thanx 1HappyGuy, yes sometimes it just doesn't work out, no Visa was ever gained from my 2 petitions, and they were both for a woman that I gave a second chance to. Anyway life works in funny ways, I would have never found the woman of my dreams, if it hadn't been for the first 2 attempts!

If nothing out of the ordinary happened, like if they accidentally threw my petition out the trash after cashing my check, everything should go just fine!

Good Luck!

[LookyWhatIFound 38]

Just for an update, I called up the Customer Service Center just to make sure they hadn't done something like transferring my petition to another service center or lost my docs. or anything like that. The lady told me they would have it on records if my petition was transferred and that they would notify me if there were any problems. I guess it was bugging me that I hadn't been touched yet and have hit the average VSC processing times. Well anyway I guess I feel better, now that I at least had a verbal conversation with somebody about it.

So no touches but, is there anyone else out there who filed with the new 129F form, the one with the IMBRA questions on it, and the Waiver request? If so, have you received a touch after the initial NOA1 touches?

[Jetson 0]

Good Luck to all of you filing waivers. I really believe that this area is so new to the USCIS that if you make a good case for yourself, it will be approved. As I've said before, they are looking for multiple filers, criminals and those with abusive backgrounds. The most important thing is to be honest about all aspects. It is easier to remember the truth than a lie.

The people at the USCIS aren't dumb, just over worked and unappreciated. But, if you have been trying to find that special person and for numerous reasons it hasn't been successful, you should not be punished for this.

I will be following this closely also, so please keep everyone abreast of your situations. Others to follow will need your sage advice. A very good friend just ended his second application without any visas being issued, so many more are interested.

Yes, I will try to keep my thread as current as possible. I know that out there are many folks in the same situation I am. I cannot tell you what the outcome is going to be but be it good or bad news, you will at least have something to gage yourself to if your situation is the same. What's killing me now is the wait.

[LookyWhatIFound 38]

What's killing me now is the wait.

Yup the waits a killer, especially when you've been through it twice already.

But we know its worth the wait, thats why we're here. Wouldn't recomend it to anybody though, unless they're both absolutely sure, and maybe a bit

[lion_lioness 0]

Hi everyone!!! I'm so glad I found this forum.

I posted here too: http://www.visajourney.com/forums/index.php?showtopic=38156

So here's the timeline:

june/2005 first k-1 approved

jan/2006 - married (although had reservations)

*in between became even closer to my best friend and fell in love with him - the kicker - i have to go through the immigration process to be with him.

So sometime in early 2007 I will be filing a second K-1 visa and I am climbing the walls with anticipation of how it will go. I'll keep everyone posted too when I file. God willing, I'll be able to file by January (gosh I'm hoping he'll be here by December )

Anyways, best of luck to you all and I feel better that I'm not alone.

thanks Dan/Fwaguy for pointing me here!

[1HappyGuy 45]

Dear Lion lioness,

Has your first spouse returned to their country? I would think that is an important aspect of your case. One of the aspects of the IMBRA law is to restrict trafficking in people (i.e. bringing people over for marriage and divorce). If you want to improve your case in the waiver, I think you need to be prepared to show that your previous marriage ended in a divorce and he returned to his country. As far as the USCIS is concerned, anyone can engage in this type of activity so prepare carefully.

I don't mean to imply that you are involved with this, but suggest you consider the view the USCIS will take. Also, if your previous marriage was to a male from a middle eastern country then I think you might get extra scutiny.

[PurrSuede 0]

Dear Lion lioness,

Has your first spouse returned to their country? I would think that is an important aspect of your case. One of the aspects of the IMBRA law is to restrict trafficking in people (i.e. bringing people over for marriage and divorce). If you want to improve your case in the waiver, I think you need to be prepared to show that your previous marriage ended in a divorce and he returned to his country. As far as the USCIS is concerned, anyone can engage in this type of activity so prepare carefully.

I don't mean to imply that you are involved with this, but suggest you consider the view the USCIS will take. Also, if your previous marriage was to a male from a middle eastern country then I think you might get extra scutiny.

Happy:

I disagree with this statement:

If you want to improve your case in the waiver, I think you need to be prepared to show that your previous marriage ended in a divorce and he returned to his country.

My first fiancee, we applied for the K-1, the I-129F was approved, but due to some last minute Russian cold feet, she decided not to go through with it. I withdrew the application, but it was still considered an "approval". Even though a visa was never issued.

My 2nd fiancee, of course the I-129F was approved, she got the K-1, came here, we got married and after two years the marriage went south, and she split during the divorce proceedings.

I won't go into all the reasons why this happened here, but I do have some documentation relating to why the marriage failed that I'm prepared to show the USCIS.

That being said, whether or not she returned to her country is between her and the USCIS, and not up to me. Once we were divorced, the matter is entirely out of my hands. I don't know if she filed for her LPR (as she was still under Conditional residency when we divorced) using the divorced status or not. As I said, it's between her and the USCIS and I would have no control of if she goes back or not.

Anyway, I think they are cognizant that some marriages DO end in divorce, but this doesn't mean the alien spouse is expected to return to their country, so I think it's unrealistic of you to tell someone to be prepared to show this.

My opinion, such as it is...

-- Dan

[1HappyGuy 45]

Hey PurrSuede,

I was referring to her timeline in this case. She got married in January of this year. It doesn't sound like this was a case that went all the way to green card interview. That's all I was cautioning her about. Of course these things happen with marriage and divorce, but your case looks to be completely different from her case. I don't think he would be allowed to stay unless this was a case of abuse.

So, without knowing the particulars of her case it seems that my advice would be logical and appropriate. Remember, IMBRA is intended to eliminate people trafficking, abuse and people with criminal backgrounds.

Okay?

[PurrSuede 0]

Hey PurrSuede,

I was referring to her timeline in this case. She got married in January of this year. It doesn't sound like this was a case that went all the way to green card interview. That's all I was cautioning her about. Of course these things happen with marriage and divorce, but your case looks to be completely different from her case. I don't think he would be allowed to stay unless this was a case of abuse.

So, without knowing the particulars of her case it seems that my advice would be logical and appropriate. Remember, IMBRA is intended to eliminate people trafficking, abuse and people with criminal backgrounds.

Okay?

Ahhhh gotcha... just wanted to make a distinction because you don't necessarily need to show that the previous recipient of a petition was returned to their country... didn't want that part to get confuzzled.

Thanks, Happy!

-- Dan

[lion_lioness 0]

Hey PurrSuede,

I was referring to her timeline in this case. She got married in January of this year. It doesn't sound like this was a case that went all the way to green card interview. That's all I was cautioning her about. Of course these things happen with marriage and divorce, but your case looks to be completely different from her case. I don't think he would be allowed to stay unless this was a case of abuse.

So, without knowing the particulars of her case it seems that my advice would be logical and appropriate. Remember, IMBRA is intended to eliminate people trafficking, abuse and people with criminal backgrounds.

Okay?

thank you for the feedback. Actually, my ex received his card back in July. I don't see him having a problem adjusting, but you never know.

Not to be selfish, but I'm more concerned with getting my second k-1 approved for my fiance, which, God willing, we will be sending in sometime early January.

Has anyone gotten their NOA2 when filing a second k-1 or k-1 with waiver??