RFE Waiver

[ischia 0]

If the petitioner filed only one K-1 in the past that and was approved 2001, an RFE for a waiver make any sense?

I thought the waiver request applies to 2 or more applications in the past prior to current filing.

This is my second K-1 application coming after one that was approved in 2001.

The filling limitation law states that:

"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)."

Any Takers?

[Dan J 277]

If the petitioner filed only one K-1 in the past that and was approved 2001, an RFE for a waiver make any sense?

I thought the waiver request applies to 2 or more applications in the past prior to current filing.

This is my second K-1 application coming after one that was approved in 2001.

The filling limitation law states that:

"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)."

Any Takers?

You can call the USCIS and follow the RFE prompts to get more information. I dont think you would need an RFE wavier, but its best to make sure.

[Turboguy 6]

That is what the law says but they don't seem to be able to read too well there. I have heard of them requiring wavers in cases where the law does not apply like yours. The waver is no big deal and all they want to do is add you to a data base of serial k-1 filers for future reference.

[1HappyGuy 45]

Unfortunately, the USCIS is interpreting the law that if you file for a 2nd K-1, then you need to file for a waiver. We went over this a lot last summer but the end result is to file a request for waiver. The waiver should state the facts of the prior application, the people and dates involved, if a visa was issued and any results. Be honest in all aspects.

[ding 1]

My representative's immigration specialist told me that US CIS has wide liberty in requiring things and denying things. I was worried about cancelling our K-1 and then restarting after reconciling.

You are within the stated limits but you may need to just comply. On your waiver, maybe state up front that you applied for ONLY ONE K-1 and state the date of that K-1.

Good luck!

[Natalia1 0]

If the petitioner filed only one K-1 in the past that and was approved 2001, an RFE for a waiver make any sense?

I thought the waiver request applies to 2 or more applications in the past prior to current filing.

This is my second K-1 application coming after one that was approved in 2001.

The filling limitation law states that:

"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)."

Any Takers?

Hi! My name is Natalia

I see many people have nearly the same situation

I am a Russian wife of an American man. I came with K-1 visa and we married here, in USA, 5 months ago. We filed documents for the first greencard in July, and today I got a letter from Vermont requesting Filing Limitation Waiver. My husband is at work, I try to get information before his arrival and when he is at home, I will know everything about it.

My husband filed the petition before mine only once, it was in 2001, so it was more than 2 years ago. My petition was filed in august, 2006. But they request a waiver. I think we should apply for a waiver and do not ague with them. Or to call USCIS and tell them that we do not need it?

Can you help me with an address where you send your letter, requesting for a waiver??

I hope very much that somebody will help me

Edited August 2, 2007 by Natalia1

[pushbrk 13,003]

If the petitioner filed only one K-1 in the past that and was approved 2001, an RFE for a waiver make any sense?

I thought the waiver request applies to 2 or more applications in the past prior to current filing.

This is my second K-1 application coming after one that was approved in 2001.

The filling limitation law states that:

"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)."

Any Takers?

Hi! My name is Natalia

I see many people have nearly the same situation

I am a Russian wife of an American man. I came with K-1 visa and we married here, in USA, 5 months ago. We filed documents for the first greencard in July, and today I got a letter from Vermont requesting Filing Limitation Waiver. My husband is at work, I try to get information before his arrival and when he is at home, I will know everything about it.

My husband filed the petition before mine only once, it was in 2001, so it was more than 2 years ago. My petition was filed in august, 2006. But they request a waiver. I think we should apply for a waiver and do not ague with them. Or to call USCIS and tell them that we do not need it?

Can you help me with an address where you send your letter, requesting for a waiver??

I hope very much that somebody will help me

I doubt this is IMBRA related because you already have the visa. It sounds like you failed to file for AOS within 90 days of arrival. You might want to pose your question in the AOS forum.

[Natalia1 0]

If the petitioner filed only one K-1 in the past that and was approved 2001, an RFE for a waiver make any sense?

I thought the waiver request applies to 2 or more applications in the past prior to current filing.

This is my second K-1 application coming after one that was approved in 2001.

The filling limitation law states that:

"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)."

Any Takers?

Hi! My name is Natalia

I see many people have nearly the same situation

I am a Russian wife of an American man. I came with K-1 visa and we married here, in USA, 5 months ago. We filed documents for the first greencard in July, and today I got a letter from Vermont requesting Filing Limitation Waiver. My husband is at work, I try to get information before his arrival and when he is at home, I will know everything about it.

My husband filed the petition before mine only once, it was in 2001, so it was more than 2 years ago. My petition was filed in august, 2006. But they request a waiver. I think we should apply for a waiver and do not ague with them. Or to call USCIS and tell them that we do not need it?

Can you help me with an address where you send your letter, requesting for a waiver??

I hope very much that somebody will help me

I doubt this is IMBRA related because you already have the visa. It sounds like you failed to file for AOS within 90 days of arrival. You might want to pose your question in the AOS forum.

We have found out that it was sent by mistake because there was a confusion with our petition at the beginning.

I am happy that everything is ok. My husband came home and explained me everything