Do I need to file a waiver for my fiance who was deported 20 years ago? 2 Answers as of March 16, 2011

Do I need to file a waiver for forgiveness along with the I129 petition for fiancé for my boyfriend who was deported 20 years ago he has been in Mexico since then. Also we are filing for his 3 children do we need to pay 340 dollars for each child or just the petition for fiance visa?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Depending on why your boyfriend was deported he may not be eligible for a waiver as part of his K1 fiance application. Assuming he is eligible, the waiver is applied for after he is denied his K1 visa. You do not file it with the I-129 petition. You do not have to file separate I-129F petitions or pay the I-129F filing fee for the children.
Answer Applies to: California
Replied: 3/15/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
He will need to disclose it. Depending on the reason why he was deported (was she simply illegal or was some crime? you did not say), there might be a waiver (I-212 possible. You need to pay for ONE petition I-129F ($340) listing your finance. His children must also be listed on the form where appropriate. At the consulate, there will be 4 applicants (Fiance + 3 kids), so you will pay 4 times $350 for the K-1 and K-2s visas. Good luck.
Answer Applies to: California
Replied: 3/16/2011
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