IMBRA limitation filing on K nonimmigrant

[mizz 0]

hello there fellow visajourney-ians, I need your help. Does anyone have any sample waiver request for the IMBRA? I'm planning to file a K1 visa again and needs to write a waiver for the INS to grant my second K1 but I dont know how to start it. so hopefully you guys can shed some lights. thanks

[pushbrk 13,011]

hello there fellow visajourney-ians, I need your help. Does anyone have any sample waiver request for the IMBRA? I'm planning to file a K1 visa again and needs to write a waiver for the INS to grant my second K1 but I dont know how to start it. so hopefully you guys can shed some lights. thanks

Address it to the service center just like your cover letter. Begin with "To whom it may concern:" then explain why you are asking for a waiver. Make sure you date and sign the letter.

[ding 1]

hello there fellow visajourney-ians, I need your help. Does anyone have any sample waiver request for the IMBRA? I'm planning to file a K1 visa again and needs to write a waiver for the INS to grant my second K1 but I dont know how to start it. so hopefully you guys can shed some lights. thanks

Some have said that you should make a case for a hardship.

[ding 1]

This should help. I got it from VJ somewhere but can't recall right now;

Filing a Waiver

How Do I File A Hardship Waiver?

If you are an immigrant fiance or spouse with a criminal history, you should obtain and bring your court

records with you to your visa interview, because the consulate will ask to see them. If you have the records

with you, it helps to make things move faster. If your visa is denied, you may be eligible to file for a waiver. (but

you cannot file for a waiver until you have been denied the visa) If you are reasonably sure that you will require

a waiver, your US citizen fiance/spouse can go ahead and download the I-601 waiver form and compose a

letter indicating why you should be granted the visa. Your US fiance/spouse should send the letter and form to

you to take along to the interview. Then, if you are told you need to file the waiver, you will have the waiver

form and letter all ready to hand in right at the interview, thus saving some more time.

The US citizen has to show to the satisfaction of the consulate that there is hardship to the US citizen

because of your denial and why he/she cannot live in the foreign country instead of the US. There are

several things that may validly be used as reasons in the letter that the US citizen writes for the waiver:

U.S. citizen children who need schooling in the US.

U.S. citizen children who cannot leave the US due to previous spouse not granting immigration consent

U.S. citizen children who would have to stay behind in the US that you would not be able to visit

frequently.

U.S. citizen inability to speak the language of the foreign country.

U.S. citizen's lack of employment in the foreign country.

U.S. citizen's need to care for aging parents or relatives in the US.

U.S. citizen's ownership of properties in the US that he/she does not want to sell or cannot sell for

specific reasons.

U.S. citizen's preference that you want to live in the US because it is your native country and you are a

citizen of that country.

excessive cost involved in moving your household members and goods to the foreign country, including

plane fares and transport of goods.

U.S. citizen's financial loss due to the separation.

get character reference letters from anyone who can provide these for the immigrant fiance/spouse.

get letters from doctors, clergymen, and the like, regarding emotional suffering that the US fiance/spouse

is experiencing as a result of the separation.

Any letters submitted are best notarized and should include the name, address, social security

number, date and place of birth of the person writing the letter.

Below are cases which go into defining "extreme hardship", I suggest that you read and study

these for more information on what kinds of things may be helpful in defining "hardship":

--- http://www.usdoj.gov/eoir/efoia/bia/Decisi...pdfDEC/3298.pdf

--- http://www.usdoj.gov/eoir/efoia/bia/Decisi...mended/3380.pdf

--- The Kao/Lin Case 5/4/01, a new decision that is worth reading

--- The Agwu Okpa Case, 6/7/01, another new decision you will find informative

Remember: The goal is to show hardship to the U.S. Citizen, NOT to the immigrant fiance or

spouse!

The US citizen may file the waiver form without attorney assistance, however using an attorney may

improve the chances of success, in order to be sure that the case is presented in the best light. Attorney

assistance is generally recommended for filing a waiver.

What Does the Law Say About Crimes?

The following links provide additional information on the law regarding moral turpitude:

http://travel.state.gov/visa;ineligible.html

http://foia.state.gov/masterdocs/09fam/0940021aPN.pdf

[Turboguy 6]

I think most of us who have filed for a waver for a second K-1 would have a hard time making a case for hardship. When I did mine I just explained that the failure of my first K-1 was not my fault. That I had done all I could to make the relationship succeed and that she was unable to deal with the adjustment to life in America and being away from her family and friends etc. All I can say is that my waver was approved.

[Caladan 19]

The IMBRA waiver isn't a hardship waiver, is it? On the I-129F, it just say the petitioner can ask for a waiver of the restriction, and doesn't restrict the reasons the petitioner could use to those demonstrating extreme hardship.

[ding 1]

Point taken, thanks.

I was advised that the case should be made that the US Citizen would undergo hardship if the waiver is denied - not the beneficiary.

[Caladan 19]

Either way. They're not asking you to demonstrate extreme hardship. They're asking to give them a good reason why you need another petition approved. That's a much lower bar. The approved IMBRA waivers (there's a thread of them around here somewhere) have been along the lines of 'my earlier relationship didn't work out tho legit' or 'we withdrew our earlier petition but we've reconciled' not a claim like 'I have a medical condition for which I need the beneficiary's assistance and I can't leave the U.S.'

They just want to have a reason to deny you if you're running a sex ring or a scam to get girls green cards or are playing the 'let's bring over a sampler tray of women and dump them on the tax payer' game.

What you linked to are waivers in the cases where the beneficiary has a previous visa violation, like an overstay, or a criminal record, such that the beneficiary is *ineligible* for a visa. Different animal.