k-1 waivers

[BillNoo 0]

My fiancee came over from Thailand this past x-mas- 2008 and had to return to Thailand because of a family matter. We are wanting to

re-apply for another K-1 visa for her to return again so we can get married. I was reading about needing a waiver since it would be the second

k-1 visa in less than two years. Can anyone help me regarding the waiver? I can not find anywhere what they mean by a waiver, is it a form I fill

out or just a letter I write? Any answers would be appreciated.

[johndecka 0]

My fiancee came over from Thailand this past x-mas- 2008 and had to return to Thailand because of a family matter. We are wanting to

re-apply for another K-1 visa for her to return again so we can get married. I was reading about needing a waiver since it would be the second

k-1 visa in less than two years. Can anyone help me regarding the waiver? I can not find anywhere what they mean by a waiver, is it a form I fill

out or just a letter I write? Any answers would be appreciated.

U n her should have got married after she got here.

here's what i found abt waiver.

Waivers

Program participants who are subject to the two-year home-country physical presence requirement, as established by Section 212(e) of the Immigration and Nationality Act, must apply for a waiver of that requirement if they seek to remain in the United States beyond the end date of their programs or if they seek to submit an application to the Immigration and Naturalization Service for a change in visa status. A waiver may be requested for five statutory bases:

1) a claim of Exceptional Hardship to a U.S. citizen or legal permanent resident spouse or child of an exchange visitor if the exchange visitor is required to return to the country of residence;

2) a claim that the participant will be persecuted due to race, religion, or political opinions if he/she returns to the country of residence;

3) a request from an interested US Government Agency on the participant's behalf;

4) a No Objection Statement from your government; and

5) a request by a designated State Health Department or its equivalent.

Participants must file an application to receive a recommendation for a waiver with the Department of State. Please refer to the regulations for details. [22 CFR 41.63]

Information about waivers may also be obtained from the Department of State's Visa Office. The public inquiry line for waivers is

(202) 663-1225 ; fax (202) 663-3899.

[rin and john 71]

My fiancee came over from Thailand this past x-mas- 2008 and had to return to Thailand because of a family matter. We are wanting to

re-apply for another K-1 visa for her to return again so we can get married. I was reading about needing a waiver since it would be the second

k-1 visa in less than two years. Can anyone help me regarding the waiver? I can not find anywhere what they mean by a waiver, is it a form I fill

out or just a letter I write? Any answers would be appreciated.

U n her should have got married after she got here.

here's what i found abt waiver.

Waivers

Program participants who are subject to the two-year home-country physical presence requirement, as established by Section 212(e) of the Immigration and Nationality Act, must apply for a waiver of that requirement if they seek to remain in the United States beyond the end date of their programs or if they seek to submit an application to the Immigration and Naturalization Service for a change in visa status. A waiver may be requested for five statutory bases:

1) a claim of Exceptional Hardship to a U.S. citizen or legal permanent resident spouse or child of an exchange visitor if the exchange visitor is required to return to the country of residence;

2) a claim that the participant will be persecuted due to race, religion, or political opinions if he/she returns to the country of residence;

3) a request from an interested US Government Agency on the participant's behalf;

4) a No Objection Statement from your government; and

5) a request by a designated State Health Department or its equivalent.

Participants must file an application to receive a recommendation for a waiver with the Department of State. Please refer to the regulations for details. [22 CFR 41.63]

Information about waivers may also be obtained from the Department of State's Visa Office. The public inquiry line for waivers is

(202) 663-1225 ; fax (202) 663-3899.

Your info is on educational waivers, not K-1 related.

The OP wants to read up on IMBRA:

http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

"The adjudicator may, in his or her discretion, waive the applicable time and/or numerical limitations if justification exists for such a waiver, except where the petitioner has a history of violent criminal offenses against a person or persons. The petitioner may request a waiver by attaching a signed and dated letter, requesting the waiver and explaining why a waiver would be appropriate in his or her circumstances, together with any evidence in support of the waiver request.

Factors the adjudicator should consider include, but are not limited to:

• Whether unusual circumstances exist (e.g. death or incapacity of prior beneficiary(ies));

• Whether the petitioner appears to have a history of domestic violence;

• Whether it appears the petitioner has a pattern of filing multiple petitions for different beneficiaries at the same time, of filing and withdrawing petitions, or obtaining approvals of petitions every few years.

Examples of acceptable evidence to support a waiver request include, but are not limited to: a death certificate, police reports, news articles describing an accident which resulted in the beneficiary’s death or incapacity, or medical reports from a licensed medical professional regarding the death or incapacity of an alien approved for a prior K visa. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the adjudicator.

Some examples of possible scenarios are:

• A petitioner who has no criminal history with regard to one of the specified crimes requests a waiver of the filing limitations. The petitioner has one prior approved Form I-129F for the same fiancé(e), and files a report from a physician detailing the illness of the beneficiary that rendered her unable to enter the United States within 90 days. Absent any other adverse factors, the waiver may be granted. "