Babytiger
09-05-2007, 08:07 PM
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 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