IMBRA Waiver for second K1 is less than 2 years

[RickJovi 81]

Hello. I know a lot about the IMBRA requirements and just wanted to get some views on my situation, especially if someone has experienced it already. I filed a second I-129F petition for K1 VISA which I received an NOA1 on December 8, 2011. I had filed a first petiton that was approved on March 2, 2010, but unfortunately I had a bad wive that used me and the system. I sent the IMBRA waiver request in my original petition and then a better formatted IMBRA waiver a week later. Still don't know if they got it or not. Even though I received NOA1, I am assuming that if my petition is not reviewed prior to March 2, 2012, then the first K1 petition will then be 2 years old. Most likely with the pace of the CSC for processing petitions, I am estimating that if they approve it, it will be sometime in May 2012 which makes the first petition more than 2 years old. My question is and I hope I am thinking like everyone else is that the IMBRA waiver will no longer be required becasue the second K1 petition will now be older than 2 years and no longer fall under the IMBRA waiver requirements for time limitations. I hope I am assuming right and just wanted peoples thoughts and/or experiences in a similar situation. Take care and thank you in advance for any feedback you give me.

Edited February 29, 2012 by RickJovi

[Leatherneck 693]

Your answer is here, per the I-129F instructions;

"If you have ever filed two or more petitions at any in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver."

When your petition is adjudicated has no bearing on the need to apply for the waiver. You had a K-1 petition that was approved within two years of when you filed the current petition, so you need the waiver.

Had you filed the current petition after March 2, 2012 -- then no need for the waiver. The need for a waiver is not determined when a petition is adjudicated, but when a petition is filed.

[RickJovi 81]

Your answer is here, per the I-129F instructions;

"If you have ever filed two or more petitions at any in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver."

When your petition is adjudicated has no bearing on the need to apply for the waiver. You had a K-1 petition that was approved within two years of when you filed the current petition,

Had you filed the current petition after March 2, 2012 -- then no need for the waiver. The need for a waiver is not determined when a petition is adjudicated, but when a petition is filed.

I guess We will wait to see what happened. I sent an 8 Paige waiver with the primal packet submitted. I later found a more structured simple format or the wives. I overnighted it and had a cover letter explaining it was to be added to the original packet submitted. They didn't o their job and sent it back with me and treated as if I had not sent enough information or payment. I had already received the NOA1, and 2 weeks later I get the waiver back with a rejection notice for the aforementioned. I submitted the waiver and paperwork again and included a copy of my NOA1, the email from the lockbox saying my petition WAC# had been sent to the CSC for processing and also the front and back of the cleared check with the WAC #. I sent that out on January 3,2012 and on January 30th contacted the NCSC who I vitiated a case to follow-up with CSC. I received a generic email saying they haven't received the waiver so I will see if the long drawn out waiver is accepted or if I get an RFE. If I get one I will send the new formatted waiver as it is shorter, leader and to the point. They do not have any grounds for denying me because I do not have a history of violence or crimes specified in IMBRA and I have no history of abusing the petitioning or VISA process. Thanks for your feedback. While I wait for the painfully slow approval process, I will visit my fiancee in Dumaguete. It is unbelievable they are o slow. My first K1 was approved with Embassy interview and VISA approval in 4 months and 5 days and I even had an RFE. Oh well. Philippines here I come again. Take care.

[Leatherneck 693]

Sounds like you have it under control. My ex gf lives in Dumaguete, that's a nice area.

[RickJovi 81]

Sounds like you have it under control. My ex gf lives in Dumaguete, that's a nice area.

Love The City of Gentle People. I have a really good fiancee now, unlike the last one who was materialistic, selfish and had a meddling American Kano Brother-In-Law, who convinced her to leave and take care of his sick mother in Redwood CIty, CA. I believe is was planned all along. What goes around comes around. I put information in her immigration packet and witness statements from friends who lived in my house. Her card expires on November 2, 2012, so I hope USCIS does the correct thing and realize she used me for a green card and send her back to Makati City. She doesn't deserve to live in the U.S. My Jovi is so much better and I am happy I suffered in order to get her. I would do it over a 1,000 times if it meant being with her. She was a personal reference from a coworkers nephew's wife who is from Dumaguete also. Take care.

[Leatherneck 693]

Love The City of Gentle People. I have a really good fiancee now, unlike the last one who was materialistic, selfish and had a meddling American Kano Brother-In-Law, who convinced her to leave and take care of his sick mother in Redwood CIty, CA. I believe is was planned all along. What goes around comes around. I put information in her immigration packet and witness statements from friends who lived in my house. Her card expires on November 2, 2012, so I hope USCIS does the correct thing and realize she used me for a green card and send her back to Makati City. She doesn't deserve to live in the U.S. My Jovi is so much better and I am happy I suffered in order to get her. I would do it over a 1,000 times if it meant being with her. She was a personal reference from a coworkers nephew's wife who is from Dumaguete also. Take care.

Like I said, "Sounds like you have it under control." The new lady sounds like the medicine you need and that which soothes your painful past relationship. Dumaguete and Makati are worlds apart in miles and where people are concerned.

Good luck with the new I-129F.