Re: Waivers on I 129F K1 Visa Form

[Martha Angelica 0]

Question for you: 

It so happened that in 2003 my now fiancee had a tourist visa then, but he was working helping out a relative in his bodega (under the table, sort of speak).... and somehow got caught infragranti for a labor law violation while carrying a tourist visa which was canceled even though it had not expired. USCIS canceled his visa and sent him to the Dominican Republic, and was told to reapply after 10 years. What would be the best course of action in this case concerning the multiple file waiver section on the I129F form? and also does he qualify for a waiver in this case? I would not want him to be turned away because of this. Please advise. 

 

[TheSkywalkers 143]

On 8/18/2017 at 0:05 AM, Martha Angelica said:

Question for you: 

It so happened that in 2003 my now fiancee had a tourist visa then, but he was working helping out a relative in his bodega (under the table, sort of speak).... and somehow got caught infragranti for a labor law violation while carrying a tourist visa which was canceled even though it had not expired. USCIS canceled his visa and sent him to the Dominican Republic, and was told to reapply after 10 years. What would be the best course of action in this case concerning the multiple file waiver section on the I129F form? and also does he qualify for a waiver in this case? I would not want him to be turned away because of this. Please advise. 

 

If I understand it correctly, that waiver only applies if the visa filed before was in the same category as the one currently being filed. 

Also, he was told to reapply after 10 years. 2013 was the 10th year from the year of the incident. It has already been 14 yrs. He could be asked about it, sure, since he might be regarded as having a tendency to violate the law BUT if he went through the due process and followed the orders of the Immigration after he got caught, I guess he should be fine.

 

I hope this helps. Let's wait for others to answer your query.

 

Best of luck!

[Villanelle 4,121]

Did you read the instructions for the form?

 

Multiple waiver does not apply unless youve filed 2 or more 129Fs in the past or your last 129f was approved less then 2 years ago. Have you had previous 129Fs?

[Martha Angelica 0]

Thanks Damara
I may have been a little overwhelmed by the whole process...I am not a multiple filer, this is my first time doing this. Thanks for asking.

[Martha Angelica 0]

I guess from my end as far as me is concerned it did not apply. But digging more into what happened to my fiance, I noticed on his passport that he signed an I-275 form that day, which if I am not mistaken, it means that he surrendered the visa he had at the time and was cancelled. I am still asking USCIS by email for a FOIA record on my fiance to see if there is anything else there on their system, so we do not get caught off guard when the interview day comes....