Jump to content

2 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Canada
Timeline
Posted

We received an Request for Additional Evidence on our I-601 waiver that was filed in Montreal in July 2006, and received in Montreal on August 2.

We originally filed an I-129 (fiance visa petition) which was approved, then we were denied the K-1 and told we needed a waiver.

The RFE says:

"Submit evidence of your relationship to a United States Citizen or Lawful Permanent Resident such as a marriage certificate or birth certificate showing your name. If an immigrant visa as been approved in your behalf (I-130 or I-140) please submit a copy of the approval notice for that petition.

Submit a statement giving the facts you should believe should be considered regarding this application. You should include any evidence to support your statement. Factors that the Service considers favorable may include, but are not limited to:

Evidence of your marriage to a US citizen or lawful permanent resident

Evidence of your birth of any US children

Evidence that you have the ability of support your family

Evidence that your marriage to your United States citizen or lawful permanent resident spouse is bona fide; e. g. joint bank accounts, tax returns, insurance, mortgage, photographs, etc.

Evidence that an immigrant visa petition (I-130 or I-140) has been approved on your behalf"

I am so confused. We are not married and we never filed an I-130 so I'm not sure what they want from us. Our thoughts are to send in additional proof of our ongoing relationship (emails, photos, phone records, our engagement ring receipt, passport stamps) and a copy of the I-129 approval.

Any ideas?

I-I29F timeline

May 24, 2005 - Finally completed I-129F paperwork. Whew!

May 25, 2005 - I-129F petition sent USPS Certified w/RR to

May 31, 2005 - I-129F recieved by BCIS

June 4, 2005 - Received NOA1 in the mail

Jan 5, 2006- Approval of 1-129F by email (NOA2-Finally! after additional security checks)

Early March: Sent in packet 3

April 12: Received Packet 4 with interview date

May 12: Interview Date in Montreal!

(we held off sending in DS-230 & Checklist so that we could get a May interview date)

May 12: Denied, need to file waiver.

Filed: K-1 Visa Country: Mexico
Timeline
Posted
Our thoughts are to send in additional proof of our ongoing relationship (emails, photos, phone records, our engagement ring receipt, passport stamps) and a copy of the I-129 approval.

I would do exactly that - as an attachment to a formal letter that reiterates:

1) You have an approved I-129F for your fiance, therefore you can only submit evidence of the beneficiary's relationship as a Fiance of a United States Citizen

2) A non-immigrant waiver is available to your Diance based upon hia relationship to a US Citizen fiancé under INA §212(d)(3), which authorizes nonimmigrant waivers of the unlawful presence grounds of inadmissibility.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...