Filed for K1 with IMBRA waiver request

[Jetson 0]

Allright! Just received my NOA 1 for my 129F petition with an IMBRA waiver request!

My case, depending on my results, will either encourage or discourage those that are filing for a waiver based on 2 previous approved K1 applications. I am hoping this one will stick. I have been encouraged by the few in this forum that have actually been approved with a waiver request. I thank them for their help and support and for making my path more clear.

--------------------------

[E&K 0]

Good luck!

[snz1802 0]

Congrats on your NOA1 and wishing you Good Luck

[Jetson 0]

Good luck!

Thank you and good luck to you too!!

[Mew 0]

Good luck!

[Caroline and Phil 14]

Congratulations!

[Sil 0]

Jetson i wish you luck.

I also would like to ask you is there a special form for that waiver request?

[Jetson 0]

Jetson i wish you luck.

I also would like to ask you is there a special form for that waiver request?

No, there is not.

Just write a well formed letter explaining your situation, include any evidence and end it with a strong(but polite) argument as to why you should get the waiver. Stick to the facts and make your personal appeal concise and strong. Have the letter notarized and sign it. No more than 2 or 3 pages long with well defined paragraphs, subjects and spacing for easy reading. Mine was 3 pages long but the last page contained the usual notary stuff.

Please remember that I am not an expert on this. It is also my first time writing this without the help of an attorney. Unless your case is complex, I think you can do just as good a job as any attorney if you take your time to compose this letter. Besides, who knows better your situation than yourself? Have someone else such as a friend read it, two pairs of eyes or two ways of thinking is usually better. The other person may think of something you have not thought about.

I hope this helps but again I must stress that my letter has yet to be proven that it will get me my waiver.

Good luck!

[Sil 0]

Jetson i wish you luck.

I also would like to ask you is there a special form for that waiver request?

Jetson,thank you very much for your reply,. It is very helpful and complete.I appreciate that.

[PurrSuede 0]

Jetson i wish you luck.

I also would like to ask you is there a special form for that waiver request?

No, there is not.

Just write a well formed letter explaining your situation, include any evidence and end it with a strong(but polite) argument as to why you should get the waiver. Stick to the facts and make your personal appeal concise and strong. Have the letter notarized and sign it. No more than 2 or 3 pages long with well defined paragraphs, subjects and spacing for easy reading. Mine was 3 pages long but the last page contained the usual notary stuff.

Please remember that I am not an expert on this. It is also my first time writing this without the help of an attorney. Unless your case is complex, I think you can do just as good a job as any attorney if you take your time to compose this letter. Besides, who knows better your situation than yourself? Have someone else such as a friend read it, two pairs of eyes or two ways of thinking is usually better. The other person may think of something you have not thought about.

I hope this helps but again I must stress that my letter has yet to be proven that it will get me my waiver.

Good luck!

I'd like to wish you the best of luck, but you might also want to post your experience with this in the IMBRA Special Topics forum which is at:

http://www.visajourney.com/forums/index.php?showforum=126

-- Dan

[robhankins 0]

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.

Best of Luck

[1HappyGuy 45]

Congratulations on your approval. It is good to know that waivers are being granted in cases other than the extreme examples the USCIS provides. I think sooner or later someone is going to file a legal action against the regulations as they are being implemented. A two time lifetime criteria is definitely unworkable and as I believe is not in the spirit of the law.

But then, we have that Bonnie Erbe article that shows how many close minded people there are.

[PurrSuede 0]

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.

Best of Luck

I'd like to thank you for sharing this kind of information with us.

I know in my recent circumstances, it's not always easy to share adverse circumstances from our personal life with the general public, but if it helps someone else, then it's a good thing.

So thanks again for sharing this with us and with anyone else who might need this kind of info!

-- Dan

[Turboguy 6]

Thank you for posting that and congratualions on the approval. That was really helpful to me. I will begin working on the wording for my waver request in about a week and it is the first sample waver request I have seen. It is a big help. Good luck with the rest of the process and with your life.

[LookyWhatIFound 38]

Hey, I got no less than 8 emails this morning saying my 129F was approved!!! First thing I did was check the receipt number to make sure it was mine

Nearly 4 months at VSC is not normal, no RFEs or anything, I guess the waiver request caused the extra delay and maybe extra long background check?

Well onto the next step. Good luck to you all applying with the waiver requests.