Need to request Waiver - two K-1 visa petitions at any time in the past?

Question

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.
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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?

Answer 1

Since they don't mention a specific form to use, just write a formal letter explaining what happened in both relationships, how and after what amount of time they ended, and attaching any copies you have of pertinent documents to back up your story.

What they are looking for is a pattern of bringing women to the US with no apparent intention of entering into a bona fide marriage. That would open the door to an investigation into possible visa fraud. If you were simply naive and fully expected these marriages to last, feel free to say so.

Answer 2

As his visa already expired, he has to return to his nation. It isn't precise that a few states will permit marriage whilst others would possibly not, it is a federal legislation, no longer a state legislation so here's what you 2 can do: Your boyfriend has to go back to his nation of beginning then you definitely ask for a K-a million visa (USCIS is the proper authority at which you'll need to put up your declare, you and no longer your boyfriend!). Obtaining a K-visa takes a couple of months (however more commonly lower than a yr). When he will get his visa, he can return to the States to marry you inside ninety days (that is an main requirement considering that if it does no longer occur in that time frame, he breaks the legislation). He will have to NOT observe for a further scholar visa and he isn't allowed to besides. So the one solution to get him again is to use for a K-visa. He has to go away the nation and wait in his nation till his case is processed. If this doesn't occur the best way defined and your boyfriend remains within the U.S. illegally, there shall be no solution to make his repute authorized. He has to go away for a interval of time regardless of in which or how the wedding takes position. If you get married in a further nation, he would possibly not desire a K visa however he'll nonetheless need to look ahead to his inexperienced card in his nation. He is already unlawful, do not wait to begin the proper method. It isn't precise what the opposite character stated above me, it concerns what variety of visa he can receive and he isn't allowed to get a further scholar visa. Of path, it's convenient to receive one first but if that expires, the character isn't allowed to use for a further one for awhile. That is why it takes lengthy and be instructed that a scholar visa is a non-immigrant visa so that's no longer well for him if he desires to reside within the U.S. completely.