IMBRA Multiple Petition Waiver Article

[babe07 0]

wahrania: "But the blue sheet onlygave me 15 days to have my waiver there. I talked to an attorney today that is a friend of mine. He told me it could be one of 2 things. Either they saw the waiver and no matter what they arent going to give it to me and just sent this out basically to expedite denial due to imbra. Or they are just missing the waiver and if they didint have it, they would have approved it. It seems strange to me that the information is being requested so quickly.. not giving me anytime to get all kinds of things together. April send out intent to deny only giving me till May 8th to request a waiver.

What do you think?

Do I have a chance with this or did they basically already turn me down since I had the waiver request in my original petition."

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Sorry it's taken me this long to respond. I haven't been around in awhile. 15 days is normal with CSC. Actually though, you get 18 days if its mailed. And there always a Motion to Reopen - in the event you're late. But you have to pay a new filing fee. In my waiver requests, I always quote the law, pointing out that it's not required for the same beneficiary. I include it with the I-129f. I've never goten an RFE ande every one has been approved.

I am the benefiacry of two different pettitioner.The first one is filed july last year and its approved this Feb08.In my case we are already broke up and i found this extraordinary guy who want to file k-1visa again this year(we already met in person) because he will be deploy this coming december to iraq.I know it will affect the second petition knowing that the 1st petition is totaly abandoned.What is the best thing we do?

[payxibka 10,045]

I am the benefiacry of two different pettitioner.The first one is filed july last year and its approved this Feb08.In my case we are already broke up and i found this extraordinary guy who want to file k-1visa again this year(we already met in person) because he will be deploy this coming december to iraq.I know it will affect the second petition knowing that the 1st petition is totaly abandoned.What is the best thing we do?

The beneficiary is not the focus of IMBRA, it is the petitioner... You the benneficaiary are not affected by the provisions of IMBRA

[TrueSelf 0]

1. USC filled for I-129F in 2002 Beneficiary receive CR card in 2005, and Permanent card in Dec, 2007. currently unmarried

I am planning to file I-129f for another person, DO I NEED IMBRA Waiver? I have only filed for one I-129F for the above mention person, and this would make second.

.A July 21st, 2006 memorandum by Michael Aytes(emphasis added), states:

"B. Filing Limitations

IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

[Carlawarla 1]

Your case was several years ago, so I'd say no, you don't need one. If you want to be on the safe side, enclose a letter just outlining the details you have already, as to the previous case. I know they received their 10 year card in 2007, but the petition was approved back in 2005, so it is more than 2 years.

Just my opinion anyway.

[1HappyGuy 45]

We all know what the law says about filing within 2 years of a prior K-1 filing. The unfortunate truth is that the USCIS is interpreting the law to read if you file two or more petitions, then you need a waiver. My advice would be to include a waiver with this application. If everything from your first application is finished and he/she has moved on, well then what have you got to lose.

I would be very concise and truthful in your explanation with names, identification numbers and dates. It seems that those requesting waivers seem to get approval with very few denials. Sure, you technically don't need a waiver, but why risk further delay if someone at USCIS decides you need a waiver.

[payxibka 10,045]

We all know what the law says about filing within 2 years of a prior K-1 filing. The unfortunate truth is that the USCIS is interpreting the law to read if you file two or more petitions, then you need a waiver. My advice would be to include a waiver with this application. If everything from your first application is finished and he/she has moved on, well then what have you got to lose.

I would be very concise and truthful in your explanation with names, identification numbers and dates. It seems that those requesting waivers seem to get approval with very few denials. Sure, you technically don't need a waiver, but why risk further delay if someone at USCIS decides you need a waiver.

Maybe initially but it appears that they are not anymore... I have two petitions and no waiver requested or required....

However, putting in a waiver request that may not be needed doesn't harm you.

[TrueSelf 0]

We all know what the law says about filing within 2 years of a prior K-1 filing. The unfortunate truth is that the USCIS is interpreting the law to read if you file two or more petitions, then you need a waiver. My advice would be to include a waiver with this application. If everything from your first application is finished and he/she has moved on, well then what have you got to lose.

I would be very concise and truthful in your explanation with names, identification numbers and dates. It seems that those requesting waivers seem to get approval with very few denials. Sure, you technically don't need a waiver, but why risk further delay if someone at USCIS decides you need a waiver.

Maybe initially but it appears that they are not anymore... I have two petitions and no waiver requested or required....

However, putting in a waiver request that may not be needed doesn't harm you.

fwaguy,

My situation stated above what is your opinion? and if one is required, I am assuming there are no FORMS, just a letter, any letter out there which I can use as a template?

Thanks

[payxibka 10,045]

We all know what the law says about filing within 2 years of a prior K-1 filing. The unfortunate truth is that the USCIS is interpreting the law to read if you file two or more petitions, then you need a waiver. My advice would be to include a waiver with this application. If everything from your first application is finished and he/she has moved on, well then what have you got to lose.

I would be very concise and truthful in your explanation with names, identification numbers and dates. It seems that those requesting waivers seem to get approval with very few denials. Sure, you technically don't need a waiver, but why risk further delay if someone at USCIS decides you need a waiver.

Maybe initially but it appears that they are not anymore... I have two petitions and no waiver requested or required....

However, putting in a waiver request that may not be needed doesn't harm you.

fwaguy,

My situation stated above what is your opinion? and if one is required, I am assuming there are no FORMS, just a letter, any letter out there which I can use as a template?

Thanks

First petition in April 2004. Second petition in November 2006. No waiver requested.

It can be as simple as "Based on my facts, circumstances and my understanding of the law, I do not believe I am subject to the provisions contained in IMBRA as it relates to the multiple petition filing limitation. However, I hereby request a waiver of the IMBRA multiple petition filing limitation, if applicable".

Edited September 2, 2008 by fwaguy

[TrueSelf 0]

We all know what the law says about filing within 2 years of a prior K-1 filing. The unfortunate truth is that the USCIS is interpreting the law to read if you file two or more petitions, then you need a waiver. My advice would be to include a waiver with this application. If everything from your first application is finished and he/she has moved on, well then what have you got to lose.

I would be very concise and truthful in your explanation with names, identification numbers and dates. It seems that those requesting waivers seem to get approval with very few denials. Sure, you technically don't need a waiver, but why risk further delay if someone at USCIS decides you need a waiver.

Maybe initially but it appears that they are not anymore... I have two petitions and no waiver requested or required....

However, putting in a waiver request that may not be needed doesn't harm you.

fwaguy,

My situation stated above what is your opinion? and if one is required, I am assuming there are no FORMS, just a letter, any letter out there which I can use as a template?

Thanks

First petition in April 2004. Second petition in November 2006. No waiver requested.

It can be as simple as "Based on my facts, circumstances and my understanding of the law, I do not believe I am subject to the provisions contained in IMBRA as it relates to the multiple petition filing limitation. However, I hereby request a waiver of the IMBRA multiple petition filing limitation, if applicable".

Thanks, I am doing is including the memo from Mr. Michael Aytes – IMBRA, section II B. FILLINIG LIMITATION. and briefly explained the first petition and the 2nd CURRENT petition details, and added the wording similar to your at the end.

Thanks again for your help.

Edited September 2, 2008 by TrueSelf

[TrueSelf 0]

Thanks all for the information, so, I have decided to write an explanation with a request for a waiver if applicable.

Also, a BIG thanks for 1happyguy for sending sample letter, really helpful.

Regards,