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VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)

babytiger
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?








kitkat1
QUOTE
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.
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