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K-1 Fiance Visa VISA INELIGIBILITY/WAIVER


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#1 dwgcooks

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Posted 27 February 2010 - 11:57 PM

I have a friend who was denied the K1 visa and was told to send in this waiver. On the form it ask about the hardship that not having the visa is causing.

They ask specifically about legal responsibilities like des she have a kid in the U.S., economic hardship they also want him to demonstrate on why he couldn't move to the Philippines to be with her.

He didn't fill this out since they are just fiancÚs and have no legal responsibilities towards her. He does send money to her on a monthly basis. The USCIS told them to fill that part out.

How should he answer this question on the form?


#2 rbacon

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Posted 28 February 2010 - 02:29 AM


I don't think your friend is giving you the whole story, and/or he has received an inappropriate waiver request form.

The k1 visa procedure requires "requests for waivers" from petitioners for a variety of reasons, usually associated with past criminal activity (multiple alcohol, drug, spousal abuse, sexual abuse, etc.), or multiple K1 petitions in given timeframes (2 in two years, 3 in a lifetime), or to overcome the "meeting in person" requirement.

I have never heard of a USCIS standard "waiver request" form to be used in overcoming the K1 waiver requirements. He may be getting his waiver request information form a third party in the form of recommendations for requsting waiver, etc.

You might wish to clarify from where he received the form he has described to you, or whether it was just printed advice on how to apply for a waiver, and from where the advice came.

I am expressing these doubts about his source becuase I have seen the RFE waiver requirements for a handful of K1 petitioners, and none of them received a form as you described, just a description of the type of evidence needed to overcome their particular waiver-required issues.

Perhaps you can get your friend to tell you the particular issue for which he is supposed to request a waiver, and we can give you more specific information. Or if he really did receive a form, as you describe, the number and name of the form.

--Ray B



QUOTE (dwgcooks @ Feb 27 2010, 06:57 PM) <{POST_SNAPBACK}>
I have a friend who was denied the K1 visa and was told to send in this waiver. On the form it ask about the hardship that not having the visa is causing.

They ask specifically about legal responsibilities like des she have a kid in the U.S., economic hardship they also want him to demonstrate on why he couldn't move to the Philippines to be with her.

He didn't fill this out since they are just fiancÚs and have no legal responsibilities towards her. He does send money to her on a monthly basis. The USCIS told them to fill that part out.

How should he answer this question on the form?



#3 dwgcooks

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Posted 28 February 2010 - 05:23 PM

My friend lives near you in San Jose. I'll get him on this site so he can get this thing straighten out.

#4 rbacon

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Posted 28 February 2010 - 05:38 PM


Have him contact me by email at: raybacon1@gmail.com and I can arrange to talk with him by phone. I'll be glad to share some of my experience with these waiver requests that I've done, which might be of some assistance to him.

You can tell him that I'm close to his location, in Half Moon Bay, for most of today.

--Ray B

QUOTE (dwgcooks @ Feb 28 2010, 12:23 PM) <{POST_SNAPBACK}>
My friend lives near you in San Jose. I'll get him on this site so he can get this thing straighten out.



#5 MrkGrismer

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Posted 01 March 2010 - 03:47 PM

Not having sufficient information I would bet that there is a 90% chance that he did not submit evidence of having met her within the 2-years prior to filing the I-129F. The request for waiver 'form' is probably a notice of intent to deny or an RFE asking for either evidence of having met within the 2-years prior to filing or a waiver of the meeting in person requirement due to cultural reason or extreme hardship.

If your friend has not met his fiance within the past two-years then he needs to do so before filing an I-129F. If he has met her already then he needs to submit proper 'proof' of doing so. Normally that 'proof' consists of photographs of the couple together along with copies of his passport showing entry and exit dates along with a copy of his airline boarding passes.

If your friend is unable to meet his fiance he must submit evidence of why this would result in extreme hardship for him (such as medical reasons) and why she cannot meet him (evidence is often the denial of a tourist visa) and why they could not meet in a third country.

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http://www.uscis.gov...0004718190aRCRD
 

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#6 rbacon

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Posted 01 March 2010 - 10:26 PM

Mark, DWG,

As with many queries from "friends of friends" that we see, both the poster and we are at a disadvantage and cannot really assess the problem and make suggestions for fixing the problem.

So far we have been told by DWG that there is a "Waiver form' involved, but that may just be an assumption from when the original discussion took place between friends.

We don't have so much as a hint of what the problem requirng a waiver might be.

Until we have more specific info, any discussion relating to this thread is fairly speculative.

--Ray B


QUOTE (MrkGrismer @ Mar 1 2010, 10:47 AM) <{POST_SNAPBACK}>
Not having sufficient information I would bet that there is a 90% chance that he did not submit evidence of having met her within the 2-years prior to filing the I-129F. The request for waiver 'form' is probably a notice of intent to deny or an RFE asking for either evidence of having met within the 2-years prior to filing or a waiver of the meeting in person requirement due to cultural reason or extreme hardship.

If your friend has not met his fiance within the past two-years then he needs to do so before filing an I-129F. If he has met her already then he needs to submit proper 'proof' of doing so. Normally that 'proof' consists of photographs of the couple together along with copies of his passport showing entry and exit dates along with a copy of his airline boarding passes.

If your friend is unable to meet his fiance he must submit evidence of why this would result in extreme hardship for him (such as medical reasons) and why she cannot meet him (evidence is often the denial of a tourist visa) and why they could not meet in a third country.






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