RECEIVED RFE NEED HELP!

[JimVaPhuong 4,863]

Hi well the long wait ended up with an RFE from Vermont Service Center. The RFE stated that my fiancee and I need more evidence proving our relationship between the period of August 20, 2009 and August 20, 2011. The RFE asks for things like copies of passport stamps, travel itineraries, affidavits from friends and family and also photos. Seeing that we both live on the US-Canadian Boarder here in Buffalo, New York our passports do not get stamped when we drive across the boarder to see each other nor would we need air travel to spend time together. I have put together 4 signed affidavits from friends and neighbors saying that they have seen us together and that they know that we both travel back and forth across the boarder. (About five days or so a week we see each other). I also have a few photos (About 5) of us during that timeframe. We as well went on a cruise to the Bahamas the first week in November of this year and I have plane tickets and photos from this. Is this enough for the RFE? Am I worrying too much? Any help would really be appreciated!

It's not proof of your relationship they're asking for. USCIS doesn't really care about your relationship. What they want is proof that you've physically met each other sometime during the two year window before you sent the petition. This is a fundamental requirement for the I-129F petition. You must be able to prove you met this requirement at the time the petition was submitted. Evidence from your cruise is worthless because the cruise happened after you sent the petition.

People misunderstand this requirement all the time. Some people think it means they must have known each other for at least two years. Other people think it means they must have physically met for the first time during that two year period. Neither of these is correct. The requirement is simple - you must have been physically in each other's presence sometime during the two year period immediately before the petition was submitted, and you must submit proof that you met this requirement. The purpose is to prevent someone from submitting a petition for someone they haven't physically seen for a long time, or someone whom they've never physically met. The proof usually must consist of primary and secondary evidence. Primary evidence comes from a credible third party who has no personal interest in whether or not your petition is approved - boarding passes, passport stamps, hotel or credit card receipts - some sort of physical evidence that you were in the same place at the same time. Secondary evidence supports the primary evidence by showing that you were together when you were in the same place - photographs, affidavits from friends and family, etc.

What you included with the petition is not sufficient. Photos are secondary evidence. Printouts of Facebook pages do not prove that you were together. Personal statements show your intent to marry, which is another requirement, but they don't prove you were together. You didn't submit any primary evidence, so you need to find some and submit it.

Again, it won't do any good to collect new evidence now to respond to the RFE. You have to prove you met the requirement when the petition was submitted. You and your fiancee need to put your heads together and see what sort of records you've got.

[Moomin 292]

Thats the thing we have been together since April of 2011 and stated this in the original filing so I am not sure why they said a two year period.

If the petition was received in, lets say august 2011, USCIS will ask for proof of having met between august 2009 and august 2011. See the pattern? It's a standard thing, a 2 year timeframe since the petitioner and beneficiary has to have met once(or more) within the last two years.

ATM receipts. If you have thrown them out, then a credit card/bank transcript showing where your card was used, whether it's the USC in canada or the Canadian in US, it doesn't matter, as long as it shows name of card holder date AND year.

How did you go on that cruise, did you have a cabin or something with your names on it? How did you pay? Did you happen to put gas on the car across the boarder using a credit card? Those small things may come in handy.

Sworn statements from family and friends may support the primary evidence. Same with pictures. If you have pictures from your cousin's wedding, why not have her write a statement saying you both attended her wedding - hand date the pictures from the wedding if the date isn't on there yet. Just a few suggestions, you don't have to use them if you already have enough.

Good luck

[Tim/Mav 305]

My first thought when I seen the post was the 2 year rule. If you let that Pass-by. You need to refile again and meet that requirement

[TeapotGirl 66]

Anything that would prove that you were on her side of the border?

Restaurants if you went out to eat.

you can also send bank statements showing that both were in the same city/same dates.

Hopefully you saved any receipts from the any N.Y. hotel, restaurant, shopping etc. If you alternately used your credit cards then, credit card statement/statement of account that would be a good evidence.

Edited December 23, 2011 by TeapotGirl

[Mark + Melissa 49]

Hi well the long wait ended up with an RFE from Vermont Service Center. The RFE stated that my fiancee and I need more evidence proving our relationship between the period of August 20, 2009 and August 20, 2011. The RFE asks for things like copies of passport stamps, travel itineraries, affidavits from friends and family and also photos. Seeing that we both live on the US-Canadian Boarder here in Buffalo, New York our passports do not get stamped when we drive across the boarder to see each other nor would we need air travel to spend time together. I have put together 4 signed affidavits from friends and neighbors saying that they have seen us together and that they know that we both travel back and forth across the boarder. (About five days or so a week we see each other). I also have a few photos (About 5) of us during that timeframe. We as well went on a cruise to the Bahamas the first week in November of this year and I have plane tickets and photos from this. Is this enough for the RFE? Am I worrying too much? Any help would really be appreciated!

You know.. if you cross the border that much, maybe there's a border guard that knows you and would be willing to sign an affidavit. That would be really strong proof When i traveled for work weekloy, the rental car company employees knew me by first name and always had "my" car ready....Bet the border guards are the same

[CentaursLady 4]

I had a RFE as well, and even with a letter of "our story" we had to submit evidence of the meetings "face to face." They want to know the times in each others presence. Even though we had sent pictures of us together, we ended up sending more, and also bank statements of purchases in each others cities. Even gas in the car "since we drove to see each other" We submitted restaurant statements as well. Any proof of us being around each other.

We got approved 10 days later with those items.

With those, I dont think you will have a problem. Good luck

[jac_chappin 24]

Op -Could it be that you miss understood what they want. Maybe they want proof of you meeting within 2 years not 2 years of evidenc.

It doesn't make sense that they want evidence for 2 years if you stated your relationship is recent.

[Matt.M 4]

Well the RFE is sent in crossing fingers and hoping for the best. Thank you everyone for they're help. I ended up sending my bank statements/credit card statements as well as hers with the foreign transactions highlighted. About ten more photos with descriptions written on the back including the invite from my cousins wedding and photos from that. 4 signed and witnessed affidavits from friends. And just for something extra some photos of the cruise we went on in november for that extra proof of an ongoing relationship.

[baron555 934]

Hi well the long wait ended up with an RFE from Vermont Service Center. The RFE stated that my fiancee and I need more evidence proving our relationship between the period of August 20, 2009 and August 20, 2011. The RFE asks for things like copies of passport stamps, travel itineraries, affidavits from friends and family and also photos. Seeing that we both live on the US-Canadian Boarder here in Buffalo, New York our passports do not get stamped when we drive across the boarder to see each other nor would we need air travel to spend time together. I have put together 4 signed affidavits from friends and neighbors saying that they have seen us together and that they know that we both travel back and forth across the boarder. (About five days or so a week we see each other). I also have a few photos (About 5) of us during that timeframe. We as well went on a cruise to the Bahamas the first week in November of this year and I have plane tickets and photos from this. Is this enough for the RFE? Am I worrying too much? Any help would really be appreciated!

Yes, seems like you have enough.