Please Help! Request For Evidence: Filing a waiver

[wrestling289 7]

Hey everyone, 

I hope someone here can help me. I am filing a I-129F for the second time because my fiancé and I did not have enough time to plan our wedding the first time around. She was also having some family trouble back home and she got sick for a month when she first came to America. Because of the various issues we decided it's best that she return home and we would file again when we got everything straightened out. I have booked a venue for our wedding on May 6th, 2017, and planned ahead this time.. 

..but.. Today, I received an RFE in the mail because my waiver did not include evidence. What possible evidence can I give for "we didn't have enough time to plan a proper wedding the first time around"?

Accepted forms of evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed professional, death, etc.

Here is a link to when I asked this question on October 1st: 

 

Edited January 12, 2017 by wrestling289

[javadown2 308]

If she actually came to the US why didn't you just do civil marriage? I'm honestly not sure what and how to do a waiver, can't help much there, sorry.

 

Maybe show evidence of being ill like Dr. visits, try to show evidence of the family problems, what were they and did she really have to go home to do that? It says right in the request, medical reports from a licensed professional. You aren't very specific about why she needed to go back home other then "family troubles". Honestly you should have just got a quick wedding but of course she couldn't leave unless she had the advanced parole, so since she needed to leave on the emergency that would be the most likely evidence that they want, document the "family trouble".

[aaron2020 11,651]

What is the waiver for?

 

"We didn't have time for a proper wedding the first time around" will not hold muster since you could have gotten a civil wedding.  

 

Booking a venue without a visa in hand is a bad idea.  The US Government warns about this and will not care if she misses the wedding.

[wrestling289 7]

@javadonwn2 Thanks for the suggestions. In hindsight I would not have waited to get married. She went to the doctor once or twice while here. We don't have insurance for her yet and the doctors visits and medicine were very expensive. As for her reasons for going home, she was very stressed because she suffers from chronic cystitis, her Dad fell at work and broke both his arms, and her mother was suffering from depression. And just 1 month ago her grandmother passed away. The problem is that she didn't leave on a specific emergency. I also live in Silicon Valley where rents are $2,000+, and I didn't expect it to be so difficult to survive on one income. Now that I've been through this experience, I realize that we are financially better off leaving the Bay Area. 

@aaron2020 The waiver is necessary because this is my second time filing within 2 years.



 

[USC1961 251]

This sounds way more like homesickness and depression, then a recurring bladder infection.  And her family was really laying it on thick with   dad "broke both his arms" and mom is "depressed" act.    If I was in your shoes I would really think twice about the practicality of the relationship.  Because you can bet the future in-laws will do it again.

 

But to answer your question, USCIS is looking for proof that you didn't marry the 1st time around.  And proof of your fiance actually going back home and is no longer in the USA.   Write a simple letter explaining that you didn't marry and that your fiance returned home.  Provide copies of plane tickets and itineraries.  Keep it short simple and sweet.  Here is another thread that gives some letter examples: