K1 Waiver for K3 Route

[SoLiEL 0]

Good Day:

I had my K1 Petition approved, but ended up getting married with my K1 Fiance whom is now my husband.

I am going the K3 route, but as instruction on form I-129F #4 says: "If you have filed 2 or more K1 Visa at any time in the past or previously had a K1 visa petition approved withing 2 years prior to the filing of this petition, you must apply for a waiver."

Is there a specific form you have to fill out? I have sent Notarized letter stating to withdraw my K1, due to marriage, to the USCIS, NVC, and DR consulate. Should I submit a copy of this letter w/ my 1-129f petition for K3 as a waiver?

Please advise.

Thanks in advance.

[LookyWhatIFound 38]

Good Day:

I had my K1 Petition approved, but ended up getting married with my K1 Fiance whom is now my husband.

I am going the K3 route, but as instruction on form I-129F #4 says: "If you have filed 2 or more K1 Visa at any time in the past or previously had a K1 visa petition approved withing 2 years prior to the filing of this petition, you must apply for a waiver."

Is there a specific form you have to fill out? I have sent Notarized letter stating to withdraw my K1, due to marriage, to the USCIS, NVC, and DR consulate. Should I submit a copy of this letter w/ my 1-129f petition for K3 as a waiver?

Please advise.

Thanks in advance.

Hi, I am not certain if a IMBRA Waiver is needed for a K-3. There is no special form for the IMBRA Waiver request. If you were to file for her only using the I-130 I am sure no Waiver Request would be required. I'm not knowledgible enough with the K-3 to know the advantage of filing the I-129F with it. You might want to try this question in the IMBRA Special Topics forum also.

[SoLiEL 0]

Good Day:

I had my K1 Petition approved, but ended up getting married with my K1 Fiance whom is now my husband.

I am going the K3 route, but as instruction on form I-129F #4 says: "If you have filed 2 or more K1 Visa at any time in the past or previously had a K1 visa petition approved withing 2 years prior to the filing of this petition, you must apply for a waiver."

Is there a specific form you have to fill out? I have sent Notarized letter stating to withdraw my K1, due to marriage, to the USCIS, NVC, and DR consulate. Should I submit a copy of this letter w/ my 1-129f petition for K3 as a waiver?

Please advise.

Thanks in advance.

Hi, I am not certain if a IMBRA Waiver is needed for a K-3. There is no special form for the IMBRA Waiver request. If you were to file for her only using the I-130 I am sure no Waiver Request would be required. I'm not knowledgible enough with the K-3 to know the advantage of filing the I-129F with it. You might want to try this question in the IMBRA Special Topics forum also.

Thanks for your response...however, the waiver mentioned on the 1-129F on instruction #4 is not about IMBRA, this is to Waive the K1 Petition Approval, which I have withdrawn already. I would like to know how to Waive a K1 Petition.

[SoLiEL 0]

Good Day:

I had my K1 Petition approved, but ended up getting married with my K1 Fiance whom is now my husband.

I am going the K3 route, but as instruction on form I-129F #4 says: "If you have filed 2 or more K1 Visa at any time in the past or previously had a K1 visa petition approved withing 2 years prior to the filing of this petition, you must apply for a waiver."

Is there a specific form you have to fill out? I have sent Notarized letter stating to withdraw my K1, due to marriage, to the USCIS, NVC, and DR consulate. Should I submit a copy of this letter w/ my 1-129f petition for K3 as a waiver?

Please advise.

Thanks in advance.

Hi, I am not certain if a IMBRA Waiver is needed for a K-3. There is no special form for the IMBRA Waiver request. If you were to file for her only using the I-130 I am sure no Waiver Request would be required. I'm not knowledgible enough with the K-3 to know the advantage of filing the I-129F with it. You might want to try this question in the IMBRA Special Topics forum also.

Thanks for your response...however, the waiver mentioned on the 1-129F on instruction #4 is not about IMBRA, this is to Waive the K1 Petition Approval, which I have withdrawn already. I would like to know how to Waive a K1 Petition.

I have been searching for the Imbra Waiver Topics...and I guess that it affects me...THANK YOU.

[LookyWhatIFound 38]

I have been searching for the Imbra Waiver Topics...and I guess that it affects me...THANK YOU.

You're welcome, but also what I was trying to say is that since you are already married. The K-1 filing limitations imposed by IMBRA should not apply for your case since you are now filing a K-3. But I suppose putting your situation down in writing, in your Waiver Request, explaing why this law does not apply in your case cannot hurt.

Good luck!

[SoLiEL 0]

I have been searching for the Imbra Waiver Topics...and I guess that it affects me...THANK YOU.

You're welcome, but also what I was trying to say is that since you are already married. The K-1 filing limitations imposed by IMBRA should not apply for your case since you are now filing a K-3. But I suppose putting your situation down in writing, in your Waiver Request, explaing why this law does not apply in your case cannot hurt.

Good luck!

Thanks again...yes I will include that...better to be safe.

[mdpo 0]

Soliel, We have the same case... I was also previously petitioned VIA K1 and was already approved. However we got married before my interview so I have to file again. What sort of waiver do you intend to include? Any format?

[SoLiEL 0]

Soliel, We have the same case... I was also previously petitioned VIA K1 and was already approved. However we got married before my interview so I have to file again. What sort of waiver do you intend to include? Any format?

Here is my format...you can find more formats under the IMBRA Forum "IMBRA WAIVER"

Petitioner’s Name

Address

Apt

City, State Zip Code

Telephone

United States Department of Homeland Security

Citizenship and Immigration Services

Your Service Center

Address

City, State Zip Code

K1 NVC Case #: XXXXXXXXX

I-130 Receipt #: XXXXXXX

Beneficiary: XXXXX XXXX

Petitioner: XXXXXXX XXXX

Subject: IMBRA K-1 Filing limitations

Date

Dear Sir or Madam:

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

A waiver is appropriate in my circumstance because (List your reason).

I have enclosed copies (include copies documents to support above statement example: Marriage Certificate, etc).

Thank you for your prompt attention to this matter.

XXXX XXX

Petitioner

[pushbrk 13,065]

Good Day:

I had my K1 Petition approved, but ended up getting married with my K1 Fiance whom is now my husband.

I am going the K3 route, but as instruction on form I-129F #4 says: "If you have filed 2 or more K1 Visa at any time in the past or previously had a K1 visa petition approved withing 2 years prior to the filing of this petition, you must apply for a waiver."

Is there a specific form you have to fill out? I have sent Notarized letter stating to withdraw my K1, due to marriage, to the USCIS, NVC, and DR consulate. Should I submit a copy of this letter w/ my 1-129f petition for K3 as a waiver?

Please advise.

Thanks in advance.

My read is that you have filed two or more K1 Petitions. You've filed one. The instructions do say K1, not I-129F. You are now filing an I-129F for a K3, not a second K1. Even so, it is two or more in the past. A second one now is not in the past.

[LookyWhatIFound 38]

Good Day:

I had my K1 Petition approved, but ended up getting married with my K1 Fiance whom is now my husband.

I am going the K3 route, but as instruction on form I-129F #4 says: "If you have filed 2 or more K1 Visa at any time in the past or previously had a K1 visa petition approved withing 2 years prior to the filing of this petition, you must apply for a waiver."

Is there a specific form you have to fill out? I have sent Notarized letter stating to withdraw my K1, due to marriage, to the USCIS, NVC, and DR consulate. Should I submit a copy of this letter w/ my 1-129f petition for K3 as a waiver?

Please advise.

Thanks in advance.

My read is that you have filed two or more K1 Petitions. You've filed one. The instructions do say K1, not I-129F. You are now filing an I-129F for a K3, not a second K1. Even so, it is two or more in the past. A second one now is not in the past.

[LookyWhatIFound 38]

Good Day:

I had my K1 Petition approved, but ended up getting married with my K1 Fiance whom is now my husband.

I am going the K3 route, but as instruction on form I-129F #4 says: "If you have filed 2 or more K1 Visa at any time in the past or previously had a K1 visa petition approved withing 2 years prior to the filing of this petition, you must apply for a waiver."

Is there a specific form you have to fill out? I have sent Notarized letter stating to withdraw my K1, due to marriage, to the USCIS, NVC, and DR consulate. Should I submit a copy of this letter w/ my 1-129f petition for K3 as a waiver?

Please advise.

Thanks in advance.

My read is that you have filed two or more K1 Petitions. You've filed one. The instructions do say K1, not I-129F. You are now filing an I-129F for a K3, not a second K1. Even so, it is two or more in the past. A second one now is not in the past.

I think he's not worried about the 2 or more K1s but the fact that this next petition is within the 2 years of the first petition. But like you said he's now filling the 129F for a K3 instead. But given that USCIS's interpretations seem to be inconsistent.....what do you do?

[SoLiEL 0]

I think he's not worried about the 2 or more K1s but the fact that this next petition is within the 2 years of the first petition. But like you said he's now filling the 129F for a K3 instead. But given that USCIS's interpretations seem to be inconsistent.....what do you do?

I am not a HE but a SHE... I have written my IMBRA WAIVER...its better the USCIS have extra paperwork then an RFE...yes I filled a k1 for Fiance...and now a k3 for my same fiance whom is now my husband...so this will be my 2nd 129F in less than 2 years...I wanted to know what type of waiver I needed and LookyWhatIFound answered my question. Thanks for your help.