gardener

Item 2 of the I-129F instructions states: "If you have filed two or more K-1 Visa petitions at any time......you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver."

What does "documentation" refer to?

For the earlier K-1, I know the date and place of filing, and I have the original Receipt (Form I-797C). In this case, we both agreed to terminate the process before she arrived in the US.

For the more recent K-1, I know the date and place of filing, and I know the Receipt Number and Case Number, but I cannot locate the originals of these documents. In this case, she did come to the US, but she returned within the alloted 90 days.

Do I need the originals of the Receipt Number and Case Numbers? If so, can you suggest how to get them? Are there any other documents that may be required that I did not mention?

thank you,
Gardener

ian-mstm

It seems pretty self-explanatory to me. If you want a waiver, submit the I-129F, submit a request for the waiver, and include documentation (information) as to why you believe you need the waiver. In other words, they want proof that you meet the criteria to request a waiver (ie. because you have filed 2 or more K-1 petitions).

You will need to submit copies of everything you have along with names, dates, A#s, etc.

Ian

gardener

Can someone please tell me exactly what types of documentation are required? If these include paperwork the government sent regarding my second K-1, but which I cannot locate, what is the process to get copies of those?

thanks,
Gardener

Noorah101

Hi Gardener,

Here's how to get a duplicate of the approval notice:

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Best Wishes,
Rene

Rete

I believe over the last ten years, you are the only one to post that they have made more than 2 applicants for K-1 petitions. I know of several that have had 2 but never 3.

Assume that they would want documentation that the previous 2 K-1s were not consummated (for lack of a better word) and that you never married and that the women involved returned to their own country and are not here in the US illegally.

Remember they have this rule in place to discourage US Citizen's from using the K-1 visa as a means to bring people into the US, marry them, adjust status and then divorce or just get them into the country, not marry them and the alien becomes an stat on the illegal numbers chart.

Also is the issue that you have had two K-1's involving foreign fiancees and they might question that in regards to whether you are purposely looking for a foreign wife to marry without the emotional involvement, i.e. love, commitment, etc.

jeffreyhy

G,

I disagree a bit with Ian. You need to request a waiver explaining why you should be allowed to submit yet another petition for a fiance(e) or spouse having already petitioned for 2 or more others. What happened with those previous people that you need another?

What you need to document is your explanation for what happened those other times, and the explanation had best be a legitimate one. To determine what might be a legitimate reason for deserving a waiver understand why the requirement for a waiver was instituted - understand the types of situations that led to the creation of IMBRA and that the Act is intended to prevent. Rete pointed out some reasons in her post. A person would not likely be granted a waiver if their explanation of the previous situations shows them to be situations that IMBRA is intended to prevent. Repeat offenders will not be allowed to continue their offenses.

As for what type of documentation to provide, that depends on what happened. Provide whatever documentation you have that shows that your woman #1 never came to the USA and that woman #2 left the USA (without marrying you?). And that those relationships ended benignly not, for example, because you're trying to bring women to the USA under false and undesireable pretenses.

Regards, JEff

gardener

Rene, Rete and Jeff,

Thanks for the insight. Of the two K-1 applications, only the latter one ended in the woman coming to the US. The other was terminated early on and she never got to the interview stage, so as far as there being a pattern of deceit to bring women to the US for whatever reason other than marriage, I would hardly think so, since I brought only one woman to the US via the K-1 route, and that occurred almost 8 years ago.

I cannot prove with any paperwork that the woman who came to the US on that K-1 application went back to China, although I would solemnly swear in court that I saw her off on the airplane back to China, and I did meet her on a later trip to China just to see how she was doing.

thanks,
Gardener

Noorah101

If you're still in touch with her, and still friends with her, maybe she can email you or fax you copies of her passport which show her leaving the USA? Or her travel itinerary or plane ticket stubs. I know it was a long time ago, but you never know what people keep around. Worth asking her for it, if you're still in touch.

Rene

gardener

Rene,

Unfortunately, as I implied, I cannot locate her records. That is very sad, because for some reason I have the first K-1 application, but not hers. I also no longer have her e-mail address or old e-mails so that I could find a way to communicate with her. I'll mail in the K-1 documents and hope for the best. If we get turned down, the only alternative is a K-3 I would think, right?

thanks,
Gardener

Noorah101

From China, probably a K-3, yes. Otherwise the Immigrant Visa (IV) is a better overall visa, but from China a K-3 might be faster.

Just write a detailed statement giving names and dates and everything as best you can remember. If USCIS wants more, they'll ask you for something specific, and then you can try to get what they want.

Best Wishes,
Rene

Rete

You can only use the K-3 (which btw is fairly useless these days in terms of timeline) if you are married. So that would mean you would have to return to China to marry her and then return to the US, file the I-130 and when you get the Notice of Action you file the I-129F which is the first step to obtaining the K-3.

Will this work for you? Your track record with two previous K-1's shows that you have chosen women who have not found compatibility with and no married was entered into which is what the K-1 is for. Are you willing to take the chance of marrying someone who might follow the pathes of the other two women you in life?

I'm not being cruel, but honest, in my view of your situation.

Noorah101

I just realized I am assuming your current fiancee is also from China. Apologies if that's incorrect.

Rene

meauxna

Doesn't the IMBRA waiver also apply to the I-129f for K-3?

Noorah101

You're right, it does. http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

I guess the only way around needing a waiver is for him to marry her and go the Immigrant Visa route (I-130 only, no I-129F for K-3 involved).

Rene

meauxna

Just a note for the OP--the previous petitions still need to be declared on the I-130.. right?