babytiger

Ron,

I do hope that this doesn't happen to you but I read a while back of another couple with an I-129F based K1 that was denied a waiver for the same reason and were in the same boat. This is so frustrating.

Aussie, the waiver was for an old CMIT

Lona, I am not sure if getting married is the answer. Who knows. I suppose if that if we got married, then filed an I-130 and then another waiver. Thats another 2-3 years of work and waiting, but I guess if we have no other choice, our hands are tied. We thought we were doing things the right way in the right order. Guess not.

The back story:

We originally filed an I-129 in June 2005 (fiance visa petition) which was approved, then we were denied the K-1 at the meeting and told we needed an I-601 waiver.

We filed the waiver in July 06.

We received an Request for Additional Evidence on our I-601 waiver in April 07

The RFE said:

"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.

We were so confused. We are not married and we never filed an I-130 so we sent 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, along with a statement that a non-immigrant waiver is available to me based upon my relationship to a US Citizen fiancé under INA §212(d)(3), which authorizes nonimmigrant waivers of the unlawful presence grounds of inadmissibility.

A notice mailed August 20, said that we were denied because in summary 1)My fiance has failed to establish that he has a qualifiying US relative and 2) the I-601 waiver is only for immigrant visas.

#######???? We are just at a loss for words, confused, angry, etc. etc.

Why would we be told to file the i-601 if it is not the correct waiver?

If anyone can make heads or tails of this, please comment. They say we can appeal this decision within 30 days of the date and that is fast approaching.

Thanks

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?

Hey everyone,

So...I just got the call from my fiance who just had his interview this morning in Montreal. He said the interview went well, but because of a 7 year old minor criminal record, we have to file a waiver with it. We sort of knew this going into it but its still kind of sad to think about waiting longer. one thing: I didnt know that we could have had the waiver ready to file and could have brought it to the interview. DOH!

Other than that, the interview was a success, everything else within the paperwork was approved (financials, evidence of relationship, medical, etc.). I was worried about it because we needed to get a co-sponsor and also have been apart a long time waiting for this process. The interviewer was very kind and hopeful. He told my fiance that he was pretty sure that the waiver would be approved and to file it right away! He said it takes 3-12 months but that the 3 months was more likely.

I guess the only thing I can say to those waiting for the interview is, the interview is nothing to be nervous about. From what my fiance said, it was relaxed and had he not had a record, the interview would have been nice and easy.

So while sad, we are still hopeful.

Good luck to you all

He had a past minor criminal record, so he had to get a particular RCMP police certificate which takes around 120 days, according to their approximation.

We still have our May 12 date. Just called and they said keep the interview date and later send in the correct police certificate. Fine by me!

We sent our Packet 3 in the second week of March.

Got our Packet 4 on April 12 when we were in Mexico together.

And our Interview Date is May 12, which sadly we are calling today to see if we can postpone it.

We found out after we sent Packet 3 that we have the wrong kind of police certificate and its not going to be in by May 12.

Hey everyone,

I posted this in the general K1 topic and it was moved to the general Consulate topic, and I still havent gotten any responses so I thought I'd try my luck here since the interview is with the US consulate in Montreal.

My situation:

I am the USC and a full time grad student with no income other than my student loans and am therefore below the poverty limits.

My sister who is married with one child is co-sponsoring my fiance.

My Questions:

1. I realize I also have to fill out the I-134 form, but do I also have to send supporting documents, and if so, what are they looking for? I'm assuming just a letter from the bank?

2. Im reading and re-reading the instructions and I see nothing about submitting tax information unless you are self employed. I didnt file taxes but my sister the cosponsor does. Where does it mention submitting tax returns?

3. My plan was to submit my I-134 form, (notarized), her I-134 form (notarized), a letter from her bank, and a letter from her employer. Am I missing something?

Perhaps Im short some brain cells but Im confused.

Thanks in advance for the help.

mariav, there was no text in your reply, just repostings of my original post.

I don't know why this was moved to this forum.

No one can help me with these questions?

Ok So I've been reading the forums for a while now and our interview date is fast approaching.

My situation:

I am the USC and a full time grad student with no income other than my student loans and am therefore below the poverty limits.

My sister who is married with one child is co-sponsoring my fiance.

My Questions:

1. I realize I also have to fill out the I-134 form, but do I also have to send supporting documents, and if so, what are they looking for? I'm assuming just a letter from the bank?

2. Im reading and re-reading the instructions and I see nothing about submitting tax information unless you are self employed. I didnt file taxes but my sister the cosponsor does. Where does it mention submitting tax returns?

3. My plan was to submit my I-134 form, (notarized), her I-134 form (notarized), a letter from her bank, and a letter from her employer. Am I missing something?

Perhaps Im short some brain cells but Im confused.

Thanks in advance for the help.

OK so my foreign fiance has a minor criminal record, and after reading this thread we made a few phone calls. This is after he was talked in person with the RCMP a few months of ago and them telling us that what he needed would ony take a few days. So of course now we are livid.

They informed him he needs the fingerprint police clearance, and that it would take about 90 days (or possibly sooner if we included a letter explaining the urgency). Our approval notice expires in May, so we will be including that information, and praying that they take that into consideration.

I think a lot of us are in the same boat. I keep thinking, how am I going to plan a wedding in 90 day? He just now received packet 3. We don't even have a tentative wedding date. Heck we don't have an interview date yet! If we do a quickie wedding, will the "real one" be as special? With everything up in the air, it is getting very frustrating! Part of me wants to shop for a wedding dress, but I dont' want get my hopes up just yet.