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Approved IMBRA Waiver

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There are many people asking for sample letters for IMBRA waiver. It might be a good idea to start posting letters of waivers that got approved. I'll start with mine and also that of Robhankins. Please add yours so we can help others who are going to request waiver.

21 August 2006

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

Nebraska Service Center

P.O. Box 87130

Lincoln, NE 68501-7130

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), may I 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 the same fiancee, xxxxxxx xxxxxxx, who was found ineligible to receive a visa per attached letter of the US Embassy in Manila. My fiancee married her ex-husband twice but due to inadvertence, her annullment papers covered only the second marriage. The first marriage is now also legally terminated making her eligible to receive a visa hence, this second petition.

Hoping for your kind consideration of my request.

Thank you.

Sincerely,

xxxxxxxxx

Petitioner

Note: The above letter was not notarized. We received NOA2 on Dec. 4, 2006

Edited by PatientlyWaiting
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This was the post of robhankins.

I was the first Waiver approved with two prior marriages to filipinas on K1 visas. It was over a sixteen year period. I was so worried and anxious but everything worked out fine.

There is no form for a Waiver. I wrote a document with the following basic information:

PETITIONER: Name

BENEFICIARY: Name

A# : A#

RECEIPT # Receipt #

SUBJECT: IMBRA lifetime limit of two K-1 petitions

INTRODUCTION:

The “Supplement to I-129F” instructions which was received with the attached ‘REQUEST FOR EVIDENCE” Notice of Action specifies a lifetime numerical limit to the number of K1 petitions which may be submitted. Specifically, “If you have filed two or more K-1 petitions at any time in the past, you must apply for a waiver. To apply for a waiver, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case.”

This document is my formal request for a waiver to the lifetime limit of two K-1 petitions filed. I believe that special circumstances existed, which were beyond my control, which led to the failure of the two prior marriages resulting from K-1 petitions.

PRIOR PETITIONS AND MARRIAGES:

I have two prior marriages which were the result of K-1 petitions:

1. Name, filed petition in Month 1990 (sixteen years ago), divorced in Month 1995; (Certified Copy of Divorce was submitted with current I-129F).

2. Name, filed petition in Month 1998 (eight years ago), divorced in Month 2004 (Certified Copy of Divorce was submitted with current I-129F).

Full description of marriages, children, custody, disposition of divorces, reasons for everything. One long paragraph.

REASONS FOR REQUEST:

I am requesting an exception and waiver to the “lifetime limit of two K-1 petitions” for the following reasons:

1. Neither of the two K-1 petitioned marriages was short-term, but both failed for reasons beyond my control.

2.There were indications of extra-marital affairs BLAH BLAH

3. More

4. More

5. More

6. More

7. More

8. More

9. More

My ex-wives from K-1 Visas

1. Name (US Citizen) SS#

Currently Married to Name, Job Title,

Address

City, ST Zip

Phone

Date K-1 Visa Filed

Date Married

Date Child Name DOB

Date Divorced

Date Custody Awarded to me

2. Name (US Citizen) SS#

Currently Married to Name, Job Title,

Address

City, ST Zip

Phone

Date K-1 Visa Filed

Date Married

Date Child Name DOB

Date Divorced

CONCLUSION:

I am not opposed to the spirit of the new IMBRA regulations. But when such new regulations adversely affect petitioners who follow the rules and who do not try to circumvent the regulations, exceptions are surely intended to be allowed.

Please consider this document as my request for such an exception and formal waiver. I implore you to please grant this waiver and allow me to bring Name to the United States so that we may marry, and my remaining child and I can have a mother and a wife in the home again.

______________________________

Name /Date

The State of Texas

County of _________________________

Before me, a Notary Public, on this day personally appeared ____________________________, known to me or proved to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed.

Given under my hand and seal of office this _______day of ____________________ A.D. 19_________

_________________________________

Notary Public, State of Texas

____________________________

(Print name of Notary Public here)

My commission expires the______ day of____________ 20______

**********************************************************************

I hope this will help some of you who are coming behind me. Don't lose hope, it does work. But be smart and don't just copy my wording. You might be denied because of "plagiarism".

In my particular case, I had about 15 pages of documentation to submit with the waiver request. I had character issues (affidavits and evidence) in the first marriage and unfortunately the accidental drowning death of a child in the second marriage.

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  • 1 month later...
Filed: AOS (apr) Country: Jordan
Timeline

I GOT APPROVED WITH A WAIVER...WOKE UP TO THE EMAILS TODAY. BYE BYE USCIS!!!!!

I will post a copy of my letter later today, I've gotta get some work done.

Thank you everyone TurboGuy, FWAGUY, Roger (and a few others), for being supportive and helpful with this whole waiver issue. I know it's only part one, we still have our interview, but I'm not worried about that.

I hope this gives some others hope that the waiver is not the end of the world, you can still get that NOA2 - and mind you I didn't get any touches or RFE's!

thanks again everyone!

1st K-1 Journey:

June 2005 - filed

October 2005 - visa interview

March 2006 - AOS packet mailed

DIVORCED

June 2007 - Interview

2008 - 10 year approval

--------

2nd K-1 Journey:

07/28/07 - AOS paperwork mailed

07/30/07 - Received at lockbox

09/18/07 - Biometrics

10/15/07 - Transferred to CSC

01/09/08 - AOS approved w/o interivew

11/01/09 - Lift conditions

11/01/10 - interview to lift conditions/10-yr card

01/01/10 - 10 year approval

DIVORCED

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I GOT APPROVED WITH A WAIVER...WOKE UP TO THE EMAILS TODAY. BYE BYE USCIS!!!!!

I will post a copy of my letter later today, I've gotta get some work done.

Thank you everyone TurboGuy, FWAGUY, Roger (and a few others), for being supportive and helpful with this whole waiver issue. I know it's only part one, we still have our interview, but I'm not worried about that.

I hope this gives some others hope that the waiver is not the end of the world, you can still get that NOA2 - and mind you I didn't get any touches or RFE's!

thanks again everyone!

Grrrr.....i'm so jealous!! (i'm joking)

Congratulations Prena!!

Thank goodness you were approved quickly.

I know you were really stressed our about it.

It makes me feel better about my waiver request.

Roger

AOS

12/20/07 -Sent I-485 & I-765

12/22/07 -Application received in Chicago

12/29/07 -I-797C received via postal mail

01/10/08 - Received Biometrics appointmert notice

01/14/08 - Received email case transfered to CSC

01/18/08 - Biometrics appointment 8:00 am Louisville Kentucky

01/18/08 - I-485 & I-765 Touched 3 times each

01/21/08 - I-485 & I-765 Touched

01/23/08 - I-485 Touched

01/24/08 - I-485 Touched

01/25/08 - I-485 Touched

02/12/08 - EAD card production ordered

02/19/08 - EAD card received

03/26/08 - I-485 Touched

03/27/08 - I-485 Touched

04/17/08 - CARD PRODUCTION ORDERED!!

04/21/08 - GREEN CARD RECEIVED!!

ROC

01/26/10 - Sent I-751 to Vermont

01/29/10 - Application received in Vermont

02/03/10 - Check cleared bank

02/08/10 - Received NOA 1 (Dated 2/01/2010)

02/18/10 - Received biometrics notice

03/02/10 - Biometrics appointment

03/02/10 - Touch

03/03/10 - Touch

04/25/10 - I-765 Touched on a Sunday!!

06/04/10 - APPROVED!!

06/04/10 - I-551 Stamp in Passport

06/17/10 - Received "GREEN CARDS"

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  • 3 weeks later...
Filed: K-3 Visa Country: Thailand
Timeline
I GOT APPROVED WITH A WAIVER...WOKE UP TO THE EMAILS TODAY. BYE BYE USCIS!!!!!

I will post a copy of my letter later today, I've gotta get some work done.

Thank you everyone TurboGuy, FWAGUY, Roger (and a few others), for being supportive and helpful with this whole waiver issue. I know it's only part one, we still have our interview, but I'm not worried about that.

I hope this gives some others hope that the waiver is not the end of the world, you can still get that NOA2 - and mind you I didn't get any touches or RFE's!

thanks again everyone!

That's great news! I can well imagine that's a relief.

2-2-07 Sent I-129F to NSC

2-6-07 NSC received USPS mail, NSC then to CSC

2-15-07 NOA1 -file received

2-16-07 check cashed

2-23-07 touched

5-4-07 NOA2 approval -email

5-13-07 sent cancellation request letter

6-7-07 we're going to retry with a K-3

8-6-07 married in Thailand (dual language, dual representation prenuptial)

8-7-07 sent K3 from Bangkok

9-10-07 I-130 NOA1, (received at CSC 8-9-07)

10-9-07 sent I-129F to CSC

11-1-07 touched I-130

requested consular processing I-130 (http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf)

9-13-07 I-129F for Spouse arrived CSC via USPS return rcpt. requested

4-1-08 NOA2 for K3 (I-134 supposed to be processed but processed I-129F instead)

7-11-08 interview Bangkok, passed.

7-16-08 POE arrival, 2 hours in Seattle Customs.

AOS I-486 sent 4-4-09

AOS NOA1 4-13-09 for all; I-485, I-131, I765

RFE 4-27-09 Thai official document in lieu of original Birth Certificate not sufficient???

Infopass appointment 5-26-09 at USCIS. Officer thought our doc was valid and doesn't know why the RFE.

7-28-09 EAD and AP sent

Social Security card 8-4-09

interview 9-10-09

10 year green card expires 9-17-19, Permanent Resident Card.

Resident since 9-10-09.

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