IMBRA waivers thus far

[william3rd]

Well- here is the latest on what I am seeing on IMBRA waivers.

Four cases in the hopper and four approved. They are apparently adjudicating the waivers right along with the I129F petitions just as they would a waiver of meeting or arranged marriages under cultural norms.

The cases have been 3 cases with 2 petitions within 2 years and one case with 3 petitions lifetime.

Next week I am filing a 5 petition lifetime case so if that one flies, then IMBRA is going to be not much to write home about and will be limited to those convicted of DV not being able to file multiple fiancee visas.

[Ray]

5 petition lifetime case?

      HOLEY COW!

Well, maybe the sixth time is a charm?

[william3rd]

Facts- filed one-returned for review by consulate. On the advice of INS filed a second one for same girl. Married, child, divorced. 5 year marriage

Third one- girl came and was returned home in 90 days. Fourth one- girl didnt come. 5th one- girl came and married. Turned out to be less than faithful. Divorced after she got her green card.

Never any DV so-why not? Otherwise, they just get married abroad and do it that way.

[Ray]

Well, as long as they are approving waivers, it doesn't seem all that bad. I wish the guy luck, but suspect that there will be some hard questions asked at the visa interview. Which country is this one for?

I kind of like the system they have in the Philippines where anyone departing the country on a marriage-based visa has to first attend a half-day seminar sponsored by the government (CFO).

They provide valuable information for the ladies including what to do and who to contact in the event that there is any real domestic violence. They show the ladies some actual scare stories to show what can happen in the worst cases.

Before they will approve a lady for departure, they want to see complete copies of any and all divorce decrees of the fiancé. They provide one-on-one counseling in addition to small group presentations. They have been known to disapprove very young women who were marrying much older men who had multiple previous marriages. Sometimes they will require the young lady to bring her parents in for a consultation. Married women with spouse visas are also required to attend.

The women giving the seminars can sometimes be a little overbearing but they seem to be genuinely interested in the welfare of the fiancée citizens and the ladies mostly all appreciate the information provided.

If most other countries did something similar for their citizens, there would probably be no need for IMBRA.

Also, you brought up an important point. For those marrying overseas and petitioning for a CR-1/IR-1 visa, IMBRA does not apply, except for maybe providing some general information to the ladies at their visa interview. For anyone with a criminal record that would disqualify them from petitioning a fiancée under IMBRA, they would have no problem at all with a CR-1 spouse visa petition. So will CIS approve a waiver for someone with a DV background and inform the fiancée of his record, knowing that if his K-1 is denied  he can easily marry overseas and bypass IMBRA altogether? I guess time will tell…

[william3rd]

for IV cases, IMBRA does not apply. This method will be the only way that a convicted batterer can bring a foreign woman in. There are no waivers for batterers.

The old marriage abroad-and no K3, which doesnt really matter since the time frames are running close together right now.

I think this is where IMBRA will prevail-since they do not presume to tell you that you can not marry someone from abroad; they just are controlling access to the borders as they have done since our ancestors started this country.

(This post above makes no comment as to the current border situation and the numbers of illegal aliens pillaging this country)

[Kiltboy1]

Good Imformation to know, but the legal language kind of confuses me a bit even though i was married to an Attorney for the IRS before, still i would like to understand this better. You are saying that the IMBRA only applys to Fiancee Visas and not to CR-1 or the K-3 Visa ? And also you are saying that the CR-1 Visa and the K-3 Visa are running about the same time for approval, which i understand to be about a year in most countries in LA ? Is this what you are saying Ray, William ?

Thanks In Advance

KB

[william3rd]

IMBRA applies to I129F petitions. It does not apply to I130 petitions. So- you can marry whoever you want. 

WAIVERS will not be granted to those convicted under domestic violence statutes. Waivers are needed if you fall in the 2 in 2 years or more than 2 life time rule for fiancee visas.

Processing times for I130 and I129f (K3) have been pretty close lately so we have been just going with I130s and let the spouse come in as an immigrant.

[Kiltboy1]

OK

Thanks William. I am going to be applying for a CR-1 visa and even though i will most likely live in Ecuador, i am going to apply anyway for the  immigrant Visa in the case that we might decide to move back to North Carolina and i do not want any time to be wasted.Great to have a good bunch of Legal Eagles on the forum . I for one appreciate the expert advice, Thanks to all.

KB

[william3rd]

If you are going to live in Ecuador, you may want to wait on that I130 filing until you are sure what you are going to be doing. There are limits on validity dates. If she enters on her IV and gets her LPR, then you have more work to do 2 years later.

Are you going to live here in the states first or move there first?

Once you are residing in Ecuador, drop by the US consulate and visit the American Citizen services section. Explain to them that you are married and living in the country.

They may even give her a tourist visa at some point if you have "gone native."

[Kiltboy1]

Thanks William

At the moment we are up in the air, My future wife is CFO of a large company and makes about 75K US Dollars a year, which is like 150k here in the states. I make a good wage too and have a daughter here, so we are kind of up in the air and that is why i was thinking of filing for a CR-1 after we marry  in the event that we decide to live here. Appreciate the advice.

KB

[Patrick]

My future wife is CFO of a large company and makes about 75K US Dollars a year, which is like 150k here in the states...

Hey KB, you're not conforming to the stereotype!  You're suppose to marry a poor woman (plus be fat, bald, 20+ years older than her and work as a Walmart security guard).  Get with the program man, you're blowing our image.

[william3rd]

If you have no intention to return to the US except to visit, look into that tourist visa later on.

Another thing- CR is for a marriage less than 2 years old. If you later file your I130 and the marriage is more than 2 years old, she can get a 10 year card.

WARNING- residents reside here, so there are issues as to how long she has to remain here in order to maintain her LPR status.

HINT- once she gets that card, she may want to end up surrendering it to the consulate but that is another story. . .

I am also not going to explain reentry permits, citizenship accrual and the like as that is a long way off for you. There may also be potential US tax issues as well, so I am not discussing those. 

[Kiltboy1]

LOL

Patrick, i went that route and it was a disaster and besides, my future wife is really a incredibly attractive and sexy woman who just happens to very smart  and a good business woman to boot, makes life a lot better for me, only the decision where to live is a difficult choice. I really did get lucky because finding a beautiful woman that also is successful and really does love you is very hard to find in LA. I guess what i went through with the train wreck wife, karma is giving me a little payback.

KB

[Ray]

KB,

I think I mentioned before that she may not be able to get a spouse visa if you are living abroad when she has her visa interview. You should read up on the U.S. domicile requirements before filing.

http://usembassy.state.gov/posts/rp1/wwwh3207.html

Just to expound on what William said, an immigrant spouse would be admitted as CR-1 if the marriage is less than two years old at the time of entry. If she has been married for two years or more when she arrives here, she should be admitted as IR-1, which means no removal of conditions two years after arrival.

And yes, as William stated, IMBRA only applies to K-Visas (K-1, K-3).

Note: For all the abusive wife beaters out there, I am NOT recommending that you use this loophole to get around the IMBRA restrictions. For you, I recommend a blow-up doll that you can kick around until she pops...

[G Bala]

1. U.S. Domicile requirement for CR-1/IR-1 visa
To expand further on what Ray said above, a critical part of proof of domicile to the CO is a serious present intention to reside permanently (i.e. the majority of the time) with the spousal visa applicant in the U.S. at the time of visa interview and approval.

In other words, more than mere "residence" is necessary for proof of domicile- owning a second home, a secondary business, or other property in the U.S. may NOT be sufficient proof of domicile without also showing a serious present intention to reside permanently in the U.S. with her (i.e. majority of the time).

The regulatory purpose of the Consulate's issuance of CR-1 or IR-1 immigrant visa is family reunification of the spouse with her husband who is domiciled in the U.S. and for permanent living in the U.S. This immigrant visa is NOT properly intended for a situation where the couple's intention about where they will live after marriage is unclear, or for use by the spouse to enter the U.S. "in the event we decide to live there". Thus, proceed with caution.

2. No loophole in IMBRA for Child Sex Offenders
While IMBRA's restrictions apply only to K Visas (K-1, K-2 and K-3, K-4) and thus I-130 Petition-initiated CR-1 and IR-1 Visas are not covered, the proponents of the recent Adam Walsh Child Protection Act made sure that persons convicted of a long list of criminal offenses against minors and children are barred from any class of family visa; that is, any K-Visa, or resident visa for an foreign citizen adult or child.

(There is an waiver exception in certain limited circumstances, if approved by Secretary of Homeland Security, in his or her sole and unreviewable discretion.)

See: http://www.uscis.gov/files/pressrelease/AdamWalshAct072806.pdf

In other words, for all those spouse abusers out there who also happen to brandish a criminal conviction for child offense in their checkered past, no IMBRA loopole period. Just go back to that beating up that blow-up doll, accompanied by child mini-doll.

PS: Good luck, Andy.

[Kiltboy1]

Thanks Ray

I guess i should be a little more specific. I am going to marry her in Ecuador and return to the US. here will be at least a period of 4-6 months before i could move to Ecuador just because of logistics of 20 years of collecting carp, furniture, ect, And in that time, we might decide that it is better for her to move to the states because i might feel to bad about leaving my daughter, Her job is the bomb and she does really good, but she will give it up to be with me(ok you bangers let me have it). Ireally do not know why she would, but she will , so that is why i asked the original question to see if it would be better to apply for the CR-1 visa after i return form Ecuador from the marriage and do the application for protection in case she does come here . Am i still in a decent position visa wise ??

As always

Thanks

KB

[daytrader]

Good post G Bala

The regulatory purpose of the Consulate's issuance of CR-1 or IR-1 immigrant visa is family reunification of the spouse with her husband who is domiciled in the U.S. and for permanent living in the U.S. This immigrant visa is NOT properly intended for a situation where the couple's intention about where they will live after marriage is unclear, or for use by the spouse to enter the U.S. "in the event we decide to live there". Thus, proceed with caution.

Is there an alternative visa for the lady (Colombian national) to enter the USA if the primary purpose  is **not** to be permanently domiciled in the USA (for the couple - they were married in Colombia). 

Any (correct) input would be welcome.

DayTrader

[william3rd]

Why yes there is, as a matter of fact- it is called a tourist visa. . .

[Ray]

KB,

If you marry down there and then return home, you could still petition her for the CR-1. If she is approved for the visa and then uses it to enter the U.S., she will automatically receive permanent resident status (Green Card) upon arrival.

If you then decide to move out of the country, she would lose her status if she did not maintain a minimum physical presence in the U.S. Even with a valid Green Card, she may not be admitted if she stays out too long and is deemed to have abandoned her residency.

If she received her CR-1 visa, she would normally have six months to use it. If she decided not to come here, the visa would simply expire. You could always petition her again down the road for another visa if you two later decided to move back here permanently. Even in the event that you croaked after some years of living abroad in a valid marriage, she may even be able to self-petition for permanent residency here.

As William already stated, she would possibly be eligible for a tourist visa to travel here for short stays as long as she had strong ties to her home, as it sounds like she probably does.

Ray

[Ray]

Any (correct) input would be welcome.

DT, I was just curious why you would say that?

Who determines if someone's input is "correct" or not? You???

On a public forum like this, all input is welcome (unless deemed inappropriate by the moderators). If someone's information is in error, I'm sure that somebody else will correct it.

The advice or information given here by the members comes without charge, as in FREE. You or anyone else is always welcome to ignore that FREE advice.

My ...

Ray

[Kiltboy1]

Thanks Ray and William

I for one appreciate all your advice !!!!

KB

[al422]

Hey folks,

I just registered here and found it by google.  So far I am impressed and glad I found it.

My issue is IMBRA waiver, but it is as simple as they come.  I am glad to see other waivers getting approved.

This will be petition #3 for me.  1 and 2 were both Russians who developed cold feet and backed out on me after the I-129(f) got approved and before their visa interviews.  So I need a waiver, no doubt about it.

The last approval was 2 years 4 months ago so I am clear of the 2 year rule.  And I have no conduct related problems (drugs, violence, criminal convictions, etc).  The one and only problem is this will be petition #3.

I have cancer (don't worry, I am not dying), but my energy is super low from the chemo, and the one trip I took to Phillipines to meet my wonderful fiance drained the life out of me.  Would it help to mention on the waiver application that I am aware of the K3 route, but that due to my health I just can't fly to the Phillipines again in the near future?  Or should I just keep it generic and just explain why the first two went south through no fault of mine?

I consulted with some lawyer who said I should hire him because of the waiver to make sure it is done right.  Do I really need one, or is this guy just out to sell his services for his hefty $1900 fee?

[Ray]

Welcome aboard al.
　
I have no personal experience with IMBRA waivers, but I know of others who have requested waivers on the two-petition limit and were approved without difficulty.
　
I would simply file a K-1 petition along with your waiver request and see if it is approved. I would keep the explanations for the previous incomplete visa petitions short and simple.
 
If for some reason the IMBRA waiver is denied, then you could consider the immigrant spouse visa option with an overseas wedding if you are able to travel at that time.
　
Do you need an attorney to file the K-1 petition? Probably not, but I would definitely shop around first if you do go that route. Make sure any attorney you retain is a member of AILA and ask for references.
　
Which part of the Philippines is your lady from?
　
Good luck,
　
Ray