Request to submit a waiver

[Max]

I have received a notice to deny and requesting me to submit a waiver for the K-1 visa that I applied for on Feb of 2006.  That K1 visa was approved, however the relationship between her and I was terminated without her ever setting foot on U.S. soil.

Now I have met a new girl and applied for a fiancé visa.  The application was submitted on first few days of March 2007.  I received a letter yesterday that states:

“Since the petitioner has filed two or more K-1 petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, the petitioner must apply for a waiver.”

I would appreciate any help any suggestion on how to go about handling this, as well as any experience that can be shared.

Furthermore, what is the request for waiver’s form number and where can I download it from?

Thanks.

[William3rd]

The waiver is not a form number. The waiver is similar to a pleading or motion.

You actually have two issues. One- the waiver. Two- Answering the Notice of intent to deny

[BC]

Wow Maxx.. It seems you have been busy!

In any case, wish you luck but it sounds like expert advice is needed.

[philb]

Wow Maxx.. It seems you have been busy!

I was thinking the same thing and then I noticed this is Max and not Maxx.

[BC]

I was thinking the same thing and then I noticed this is Max and not Maxx.

....oops!!

[Max]

The waiver is not a form number. The waiver is similar to a pleading or motion.

You actually have two issues. One- the waiver. Two- Answering the Notice of intent to deny

Hi William,

The content of the letter says:

“
U.S. Citizenship and Immigration Services intends to deny this petition pursuant to C.F.R. 130.2(b)(1), which states in pertinent part:

An applicant or petitioner must establish eligibility for a requested immigration benefit.  An application or petition form must be completed as applicable and filed with any initial evidence required by regulation….

As of March 6, 2006 a petitioner must meet the requirements established by IMBRA.  Among other requirements, IMBRA imposes limitation on the number of I-129F K-1 petitions a petitioner may file or has had approved without seeking a waiver of the application of those limitations.  USCIS records show the petitioner has filed, or has had approved, more than the permitted number of K-1 visa petitions without being reqired to submit a waiver.

Since the petitioner has filed tow 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 this petition, the petitioner must apply for a waiver.  To apply for a waiver, the petitioner must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate, together with any evidence in support of the petitioner’s request.  Examples of such evidence may include, but is not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death or incapacitation of an alien approved for a prior K-1 visa.

Based upon the reasons stated above, the petitioner is afforded thirty days from the date of this notice to request a waiver and submit additional information, evidence or arguments to support the petition and in opposition to this denial.  Failure to respond to this request will result in the denial of the petition.
“

Request for waiver is all that they have pointed to as for the reason for denial.  What else do I need to provide aside from the request for waiver?

Thanks in advance,
Max.

[William3rd]

We file in motion format- opposition to the intention to deny and the waiver

[Max]

We file in motion format- opposition to the intention to deny and the waiver

Thanks for your input William.

If you don't mind, would you please provide additional information on what you exactly mean by, "motion format" as well as "opposition to the intention to deny"?  Based on my research so far it appears that most guys that have had to deal with this, simply write a letter of "request for waiver" to explain their specific situation.

Thanks again,
Max.

[Turboguy]

Max, since all they are really asking for is the waver I would suggest getting that in as soon as possible.  If they reject that then you might want to look at further actions.   

If you go to the VisaJourney site and to the section on IMBRA you can find some samples of requests for wavers.  It is basically just a letter explaining the circumstances of your case and requesting a waver.  There are lots of people getting the same letter right now and the requests seem be be approved pretty easily at the moment.  Don't go pulling out all your hair yet, it should be just a minor delay.  Good luck.

[BC]

I think in those circumstances I would follow William3rd's advice.

I think he was hinting at:

1. You have received a notice of intent to deny.
2. Your need to submit a waiver request.

*IF* I understand correctly, should your waiver request for whatever reason not suffice there may not be enough time before the 30 days period to respond with additional substantiation if needed.  I guess then you might be facing and fighting a formal denial, something surely not DIY material.

Answering also the intent to deny, asking for confirmation that your waiver was received and requesting them to rescind the intent to deny might be a 'breakpoint' where they would have to notify you again with a new intent to deny giving you an additional 30 days time to respond.

Providing the waiver alone may not necessarily take care of both issues.

My thoughts above are purely conjecture, possibly total BS..  I am not a lawyer.

In any case I sure would not be messing around with things I don't fully understand with my future family hanging in the balance. A few bucks shelled out would be well worth sleeping better IMHO.  Having a professional intervene might also give them the 'heads up'.  If a couple of 'hassles' leads you to drop out then great for them.. less work (I'm sure it happens).  OTOH if they know a professional will be fighting tooth and nail for your cause.. well.. that WILL create a lot more work, something to avoid unless truly justified.

[Max]

TurboGuy – Thank you for your feedback.  I have already read everything there is to read regarding IMBRA and the wavier request on VisaJourney.  I asked many of the people that posted similar questions regarding their experience as well as the type of letter they received and how and what they did to overcome this issue.  So far all replies have pointed to:

• There is no form for the waiver - Simply to write a letter of explanation and attach evidence if there is any.
• Also one of the lawyers on VisaJourney pointed out that, “The information for what I need to provide is available directly on the I-129F (http://www.uscis.gov/files/form/I-129F.pdf) section 4 on page 2 and section 9.B on page 3”.

But to your point, I received the letter on Thursday, June 7, and fully intend to take care of it over the next day or two.

BC – I was simply try to understand what William3rd was trying to say.  Some of which sounded more like “Lawyer Talk”.  IMHO, at times it is counterproductive to provide more than what they are asking for.  It was and still is my intention to clearly identify what it is that they want and simply to provide it.  In other words, if there is no form required to be filed and all that is needed is to write a letter of explanation and attach evidence if there is any, then why file additional forms and make a simple matter more complicated.

Thanks for everyone’s feedback.

Max.

[Maxx2]

Max = brand new newbie. Untested but looks like he has good potential

MaxximumUSA (or something like that) = A guy who came on the RWD scene about the time I was drifting off. Seems intellegent.

Maxx =  (me) a guy who had this done to him by his ex-wife, USCIS and himself. Brain cells slowly returning.



Maxx: the one and only

[BC]

BC – I was simply try to understand what William3rd was trying to say.  Some of which sounded more like “Lawyer Talk”.  IMHO, at times it is counterproductive to provide more than what they are asking for.  It was and still is my intention to clearly identify what it is that they want and simply to provide it.  In other words, if there is no form required to be filed and all that is needed is to write a letter of explanation and attach evidence if there is any, then why file additional forms and make a simple matter more complicated.

I'm really wondering what circumstances would be a valid request for a waiver.  Does a simple 'Hey guys, I screwed up the first one..' do it?

[Maxx2]

Isn't easier just to give up? The hell you guys are going through....


Maxx

[Max]

BC – In my case she told me that her mother was very ill and she did not want to leave her country.  Maybe that was an excuse or maybe it was legit, do know.  All I know is that I applied for her, it cost me time and money and later she changed her mind and shortly after I got the approval letter from USCIS.  Now I have to write this letter of waiver explaining all of that.  By the way, I sent the same information along with my current K1 application, however I did not put on the top of the sheet “Request for Waiver” and did not sign or dated the bottom of the page.  Aside from that, they already have all the information.

Max.

[Turboguy]

Max, I have been one VJ's site about every two hours day and night looking for any posts about A/R.  These letters requesting a waver seem to be falling like raindrops.  You are not the only one and so it probably won't be a big deal.

I have not read the IMBRA sample of reasons for requesting a waver for a while but I remember their examples were rather extreme.   Things like your fiancee died. 

When I wrote my waver letter, for the reason, I lied totally.  I said that I did everything I could to make things work and wanted her to stay but that she missed her family and homeland to much and decided to return home. 

Actually she told me she never missed anyone at all and hardly thought about them.  I think in reality she was a bit of a nut case but I didn't think that would sound too good on a waver request and I was afraid if I really told the whole story that it might hurt her ability to get a visa in the future and I don't have any bad feelings towards her and did not want to do anything that might hurt her.  The part about doing all I could and trying to make it work was true.

Mine was approved and I think if you just keep it simple and logical you will be fine.

[William3rd]

Hmmm- on my waiver request, I included five exhibits and spoke in legalese, including case references.

but hey, what do I know?

[Turboguy]

The cold hard facts are that they have not turned down many wavers. 

The whole real story on my situation would make a good soap opera.

In addition to the explaination I did list all the data and file numbers, dates etc.