Jump to content

4 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted

Hi everyone. I read somewhere on this forum which states if you previously filed for someone then a waiver might be required but all it did was confused me even more. So with that said, here's my question.

My I-129f petition for alien fiance was denied for not seeing my SO within the two year mark so instead of re-filing we decided to get married. Now I'm waiting for the marriage cert but once I recv it I will file the I-130. On the I-130 & I-129F it asked if you have ever filed for this alien or any other alien before. Well for both I will attached a brief description of the end result along w/the denial letter. Do I still need to send in a waiver? Or should this be enough?

Thanks in advance.

Anna (Chicago) and Javon (Jamaica)

USCIS: I-130 Process

10/30/06 - Married to my loving husband

01/06/07 - NOA1 ($190)

05/16/07 - NOA2!!!!!

NVC: CR-1 Process

05/21/07 - NVC recv'd case (per rep @ NVC)

05/29/07 - NVC Assigned Case # (KNG2007******)

06/01/07 - Faxed change of address request to NVC

06/08/07 - NVC confirmed new address

06/18/07 - DS-3032 (Choice of Agent) & AOS (I-864) Fee Bill generated

06/23/07 - Recv'd DS-3032 & AOS Bill via snail mail

07/09/07 - Emailed DS-3032 (Choice of Agent) to NVC

07/19/07 - Mailed AOS Fee Bill ($70) to St. Louis, MO

07/19/07 - Recv'd email from NVC - Choice of Agent was accepted

07/23/07 - IV (DS-230) Fee Bill was generated

08/11/07 - Recv'd IV Fee Bill via snail mail

08/15/07 - Recv'd AOS Packet in the mail

.png

.png

Posted (edited)

I would request the waiver. It is only a simple letter of request to go with the other letter of description and denial letter that you are already submitting.

Whilst they seem to be more concerned about those where the previous beneficiary was a different person for those filing for a fiance, the instructions on the I-129F don't make that clear. At least you would avoid an RFE requesting such.

You only need to file a letter to request the waiver with the I-129F. The I-130 does not come under IMBRA.

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted
I would request the waiver. It is only a simple letter of request to go with the other letter of description and denial letter that you are already submitting.

Whilst they seem to be more concerned about those where the previous beneficiary was a different person for those filing for a fiance, the instructions on the I-129F don't make that clear. At least you would avoid an RFE requesting such.

You only need to file a letter to request the waiver with the I-129F. The I-130 does not come under IMBRA.

Is there a certain form or just a general letter requesting the waiver?

Anna (Chicago) and Javon (Jamaica)

USCIS: I-130 Process

10/30/06 - Married to my loving husband

01/06/07 - NOA1 ($190)

05/16/07 - NOA2!!!!!

NVC: CR-1 Process

05/21/07 - NVC recv'd case (per rep @ NVC)

05/29/07 - NVC Assigned Case # (KNG2007******)

06/01/07 - Faxed change of address request to NVC

06/08/07 - NVC confirmed new address

06/18/07 - DS-3032 (Choice of Agent) & AOS (I-864) Fee Bill generated

06/23/07 - Recv'd DS-3032 & AOS Bill via snail mail

07/09/07 - Emailed DS-3032 (Choice of Agent) to NVC

07/19/07 - Mailed AOS Fee Bill ($70) to St. Louis, MO

07/19/07 - Recv'd email from NVC - Choice of Agent was accepted

07/23/07 - IV (DS-230) Fee Bill was generated

08/11/07 - Recv'd IV Fee Bill via snail mail

08/15/07 - Recv'd AOS Packet in the mail

.png

.png

Posted

I would request the waiver. It is only a simple letter of request to go with the other letter of description and denial letter that you are already submitting.

Whilst they seem to be more concerned about those where the previous beneficiary was a different person for those filing for a fiance, the instructions on the I-129F don't make that clear. At least you would avoid an RFE requesting such.

You only need to file a letter to request the waiver with the I-129F. The I-130 does not come under IMBRA.

Is there a certain form or just a general letter requesting the waiver?

Its just a general letter. As Yodrak pointed out in his response to you in another thread, you can just add the words to the letter you have already that describe what happened.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...