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I want to have my girlfriend come into the US. We are getting more serious now after two years about marriage. Over a year ago i sponsored her for a tourist visa which worked fine for three trips to the US. However, last time on the fourth entry, the officer sent her to secondary and told us that he detected a pattern of "intending to immigrate". He threatened to send her back on the spot but then relented with a warning. He told us that in our situtation the best thing to do would be to immigrate with an I-29. "Get Married", he said, it would be the right way to do this. It is apparently frowned upon to travel back and forth with your partner, and such a couple is encouraged to fully immigrate. I guess you can't have a "just" a partner travelling with you. Fortunately this is okay as we are engaged now anyway.
My problem is that I actually have two divorces, both of them with foreign women that I later divorced due to our inability to work out a legitimate relationship. In both cases they obtained temporary immigrant status. One of them became permanent and the other one moved to Canada.
My first marriage was in 1990. My second was in 1998. I have all the documentation but apparently I need to request a "waiver".
My question is how to request the waiver exactly? Just a nice formal letter? And are they likely to deny us because of my past history?
In the instructions for the I29 under:
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4. Filing Limitations on K Nonimmigrant Petitioners.
If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.
If you have committed a violent offense against a person or persons, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. For details regarding those circumstances, see item 9.B. of these instructions.
**** **** **** ***
The last bit seems to suggest that a waiver might not be that hard to get if I have a clean criminal record....
Any ideas?
My problem is that I actually have two divorces, both of them with foreign women that I later divorced due to our inability to work out a legitimate relationship. In both cases they obtained temporary immigrant status. One of them became permanent and the other one moved to Canada.
My first marriage was in 1990. My second was in 1998. I have all the documentation but apparently I need to request a "waiver".
My question is how to request the waiver exactly? Just a nice formal letter? And are they likely to deny us because of my past history?
In the instructions for the I29 under:
**** **** **** **** *
4. Filing Limitations on K Nonimmigrant Petitioners.
If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.
If you have committed a violent offense against a person or persons, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. For details regarding those circumstances, see item 9.B. of these instructions.
**** **** **** ***
The last bit seems to suggest that a waiver might not be that hard to get if I have a clean criminal record....
Any ideas?
