K-1 Process using waiver 2 for the eligibility

[Alaska101 2]

yeah, iam in same boat. i just got an RFE to provide proof to meet each other within 2 years. i submitted my application late by a month and half even with all the document that we last met in June 12, 2009. my case opened on August 1, 2011. i guess that is a big denial no matter what i try to explain. Should i event try to write a letter to convince them? i already bought ticket to go to Viet Nam and will be spend a month and half with her there (within the next 2 months). Should i wait for the official denial and then reapply for K-1 or just go and get marry there? I am only trying to save money for the wedding and tryting to pay off my student loans before the marriage (only 4.5 years done with school). that is the reason did not travel back last year. i guess sometime being financially responsible is a wrong choice. hahaha. any advices VJmembers? Thanks.

[JimVaPhuong 4,863]

yeah, iam in same boat. i just got an RFE to provide proof to meet each other within 2 years. i submitted my application late by a month and half even with all the document that we last met in June 12, 2009. my case opened on August 1, 2011. i guess that is a big denial no matter what i try to explain. Should i event try to write a letter to convince them? i already bought ticket to go to Viet Nam and will be spend a month and half with her there (within the next 2 months). Should i wait for the official denial and then reapply for K-1 or just go and get marry there? I am only trying to save money for the wedding and tryting to pay off my student loans before the marriage (only 4.5 years done with school). that is the reason did not travel back last year. i guess sometime being financially responsible is a wrong choice. hahaha. any advices VJmembers? Thanks.

I say go ahead and take your trip to Vietnam. Have a good time. When you come back there will probably be an RFE waiting for you to submit proof of having met within the two years prior to filing the petition. Respond to the RFE with a request to withdraw your petition. Immediately file a new petition with your new evidence.

Whether or not you get married is your own choice. There are some advantages to a fiancee visa when dealing with a beneficiary in Vietnam, though.

First, marriage between a VN national and foreigner is a bureaucratic mess. You'll have to undergo a psych exam. If you don't speak Vietnamese then they could subject her to an interview to determine how well she speaks English. It could take a month or more to get all of the documents you'll need to make the marriage official. It's not like in the US where you can go to the courthouse or county clerk's office and walk out 20 minutes later a married couple.

Second, the consular officer is going to scrutinize your wedding pictures to see if meets their definition of a "real" Vietnamese wedding, which means hundreds of guests at your party. While a big wedding in Vietnam is cheap compared to a big wedding in the US, you're still looking at thousands of dollars you have to spend. If you're lucky you'll get a chunk of that back in wedding gifts.

Third, and probably the most important, if you fail to get a fiancee visa on the first try then you can get married and file a spousal visa petition without having to wait for a decision on the returned fiancee visa petition. On the other hand, if you marry first and file a spousal visa petition and end up being denied at the consulate then you have no choice other than to wait for USCIS to readjudicate the returned petition.

[Alaska101 2]

thanks JimVaPhuong for your advice. well, will there be a red flag from USCIS or NVC if i withdraw my current petition and resubmit a new one immediately?

i did some reasearch on VJ and found out that is a mess trying to get marriage certificate in viet nam. I am vietnamese american so i can speak, write and read vietnamese very well. i do not think that is an issue for me. one big benefit of I-130 petition is that my wife will get her green card (10 years) right away and we do not have to through all the AOS and so on. i will be leaving for Viet Nam soon so i will have to make a decision quick. i have 2 months in the US until then.

[NY_BX 397]

Hello all VJ members,

My fiancee is a U.S citizen, we met online about 19 months ago although we started dating a month after. We have constantly kept in touch everyday since we started dating through skype calls/chats for several hours, gtalk chats, nimbuzz chat, phone calls and sms. We can present these evidence when needed and some other additional ones which might be needed. She has always had plans to come visit me where i live but due to some difficult conditions it hasn't worked and so we haven't met in person. After reading through the USCIS website (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD) about the requirement for eligibility for a K-1 visa some few days back, she has decided she wants to apply in accordance to exception number 2 and the last on the eligibility requirements which can be used as a waiver for the requirement of having met in person within the last two years. My question is; is there anyone out there that has used this exception as a waiver and was successful? Or what do you all think about this decision? do you think she will be successful using that exception as a waiver as long as she has proof to back it up? I'm curious because we really need each other side by side.

Any response will be highly appreciated. Thanks.

Your petition will be denied and you'll lose a lot of time and money. Start packing your bags

Good luck.

[Harpa Timsah 13,258]

thanks JimVaPhuong for your advice. well, will there be a red flag from USCIS or NVC if i withdraw my current petition and resubmit a new one immediately?

i did some reasearch on VJ and found out that is a mess trying to get marriage certificate in viet nam. I am vietnamese american so i can speak, write and read vietnamese very well. i do not think that is an issue for me. one big benefit of I-130 petition is that my wife will get her green card (10 years) right away and we do not have to through all the AOS and so on. i will be leaving for Viet Nam soon so i will have to make a decision quick. i have 2 months in the US until then.

Your wife will not get a 10 years greencard if you marry now. She will get a 2 year greencard because you will be married less than two years. You are right, you will not have to AOS, but you will have to file ROC in 2 years.

[Alaska101 2]

thanks Harpa, yeah, i reread the requirement. she will only receive the 2 years GC. that is ok as long as we will be together. it is just very sad for us. I was hoping to come back with her on this upcoming trip. It is very painful to tell her that we will have to wait a little longer.