Looking for love in all the wrong places! Looking for love!
For some US citizens, it might feel like the immigration system is built to work against them. For starters, the I129F has a bar on approving a fiancé’s petition if the US citizen has gotten engaged and petitioned for someone else within the past two years, or has had two or more previous fiancés receive the K-1 visa.
The bar is not permanent, rather it instigates a line of questioning, a screening process that forces an immigration officer to ask about the US citizen’s story and to figure out what happened. The name of this process is a waiver, more specifically the I-129f multiple filing waiver. The waiver can also be called a “General” waiver, “Extraordinary Circumstance” waiver, or “Mandatory” waiver.
Being a multiple filer is not inherently a bad thing, everyone has a story, USCIS just wants to hear what that story is.
To request the waiver for multiple filings, USCIS should receive (1) any criminal records from the US Citizen (to include Police, Court, DA, and Prison Records) and (2) a letter signed by the US citizen petitioner. The letter should clearly and briefly summarize the past. For past fiancés, it is extremely beneficial to include:
- Full name, and any other versions of that name, for instance, maiden names and married names
- Date of birth
- Prior I129F receipt numbers (if you have the notices, that is also extremely beneficial to provide to the USCIS Officer)
- The date when the relationship began, how you initially met or started talking, and how the relationship grew from dating to engagement and plans of marriage
- What caused the relationship to end, or how did plans change after receiving the I129f approval or the K-1 visa
- Pictures say 1000 words, if you can provide a profile photo of the Ex or maybe a prior photo of the couple together, that could help the officer visualize things better
In addition to the above points of information, it is also extremely beneficial for the US citizen to state their full name in writing, any previous versions of the name, date of birth, current address, current phone number, and current email. Although it is unlikely for an officer to contact you outside of a mailed notice, they can use basic information to do a public record search to see what comes up in the system. This information can have the effect of streamlining an officer’s review or investigation.
The focus of the waiver is to prove that there is love, and as the start of this post stated, you were just looking for love in the wrong places. The US government is not going to hold a bad love life against you, their main focus is to establish that love currently exists and that the prior relationships were not fraudulent, or fake, or for the sole purpose of providing an immigration benefit to a foreign national.
What if I have previous I-129F petitions that were denied for suspicion of fraud?
Unfortunately, if fraud occurred in the past, that could permanently bar future fiancé petitions. There are a few caveats that are worth mentioning.
First, if you are doing a subsequent filing with the same fiancé, but now providing significantly more information and evidence, that might be sufficient to overturn a prior fraud finding.
Second, if you married your fiancé, that could be significant to prove that the relationship is real.
Third, The prior relationship bore children, which is a lifelong commitment if both the US citizen and for national art knowledge down the birth certificates and both parents are trying to be cordial with one another in the care and upbringing of the children. No one likes a deadbeat parent! This could potentially prove the relationship as genuine, overturning a prior fraud finding.
What if our relationship ended during the I129f process, and it was approved in the end?
Technically, when a relationship ends and you have an immigration filing based on that relationship still pending at the US government, the US citizen is supposed to notify USCIS. If the engagement is called off, the engagement visa, the fiancée visa, is no longer required.
This situation is extremely common, since the relationship is usually long-distance, and long-distance relationships are extremely hard to carry on, especially when the immigration process takes many months or well over a year.
This situation is a part of the story that generally needs to be explained in a multi filing waiver.
What if I married my past fiancés, but we divorced shortly thereafter?
Divorce, statistically, is extremely high in the United States. When someone has to relocate to the United States, a land of a different culture, different language, different standards, and isolation from close friends and family, divorce could be even higher. I think about it this way if you leave everything behind to be with your significant other, but you are not happy, you are not for filled, you feel lonely, all of those emotions could translate into problems. Marital problems can lead to divorce.
For purposes of a waiver, the fact that you got married is important. Similarly, the fact of how long you were married to someone is also important. Life happens, Your story goes on, and the waiver is required to weed out real relationships from fraudulent ones.
If he would like to speak to an immigration attorney that is extremely familiar with the fiancée visa process, our office invites you to schedule a consultation with our immigration attorney.
Related Blog Posts
Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.