RFE: Met my fiancee within the required 2 year period?

[Dana and Divine 61]

If you have stamps in your passport between the years of 2009 and 2012, by all means...copy your passport from front cover to back cover...every single page and send it to the USICS address immediately. Don't forget to add the orig. letter they forward to you for the addition RFE. That should solve your issue immediately. (Do one better...make it a complete color copy!) God bless your journey!

[hcfrey 6]

:thumbs:

If you have stamps in your passport between the years of 2009 and 2012, by all means...copy your passport from front cover to back cover...every single page and send it to the USICS address immediately. Don't forget to add the orig. letter they forward to you for the addition RFE. That should solve your issue immediately. (Do one better...make it a complete color copy!) God bless your journey!

i hope and pray he have stamps on his passport

[Kazulie 132]

if that so then why uscis ask for evidence from 2010 to 2012? he didn't say he visited then 3 to 4 times a year after 2009 right?

They asked for evidence from January 2010 to January 2012 because he filed in January 2012. And as per the rules, he had to prove they have seen each other in the previous 2 years leading up to his filing. Which would have been January 2010- 2012.

The OP was confused by this. He thought that he needed to prove that they have been together for at least 2 years. So he showed proof from very early on in his relationship instead of the most current.

[ffp 2]

They just need to see that you saw your feance in 2010 and/or in 2011. Those visits are too old. They need to see that you saw you fiance no more then 2 years ago. Your other visits are more then 2 years ago. That why you got RFE

[hcfrey 6]

They asked for evidence from January 2010 to January 2012 because he filed in January 2012. And as per the rules, he had to prove they have seen each other in the previous 2 years leading up to his filing. Which would have been January 2010- 2012.

The OP was confused by this. He thought that he needed to prove that they have been together for at least 2 years. So he showed proof from very early on in his relationship instead of the most current.

exactly my point, they can't answer the rfe because they can't turn back the time, they have 3 options if they really didn't met within 2 years. just let the petition get denied and meet then refile, withdraw the petition then meet then refile make sure to keep all the evidence or withdraw the petition meet get married and file for cr1.

[djricky4 67]

Just need you guys opinion:

According to the USCIS examiner: Your children's birth certificates and photo prove that you and your fiancee have met,. however they do not provide evidence that you have met in person within the required 2 year period from date of filing the petition. Therefore more evidence are needed

From USCIS: Submit evidence that you and your fiancee have met each other in person at some time during the two year period from 1/10/2010 until 1/10/2012, the filing date of your petition.

This is what I don't understand, does it have to be exact two year (from date of petition filing) so we can qualify?

Isn't it the reason why USCIS requires the two year period is because they want to weed out fake relationship and sham marriage.

I met my fiancee way back 2004. We have a child on 2005 then another on 2009 so all in all we have 2 kids. I periodically fly to manila maybe 3-4 times/year to be with them.

I would think our case would weigh more because we are more than two years and we have kids!

Please enlighten me

one of the criteria of the k1 visa is that you MUST provide evidence that you have met physically in the last 2 years prior to filing the petition. if you havent done that, there is no exception............except a very difficult waiver to obtain. In order to prove that you met, enclose in your petitions, passport stamps, boarding passes and photos taken within the last 2 years. if you all never met, withdraw the petition and satisfy the requirement and refile

[Harpa Timsah 13,258]

exactly my point, they can't answer the rfe because they can't turn back the time, they have 3 options if they really didn't met within 2 years. just let the petition get denied and meet then refile, withdraw the petition then meet then refile make sure to keep all the evidence or withdraw the petition meet get married and file for cr1.

I think it's better to wait a bit and just let the OP respond to the question (did you see each other within the last 2 years or not) before repeatedly giving all the what-ifs, don't you think?

Edited July 2, 2012 by Harpa Timsah

[hcfrey 6]

I think it's better to wait a bit and just let the OP respond to the question (did you see each other within the last 2 years or not) before repeatedly giving all the what-ifs, don't you think?

yes that is why i said "if they really didn't meet", but just reading what uscis message to OP gave the idea they didn't meet again after 2009, if it is true that he sent evidence then why he didn't include the evidence if he went here within 2 years right? i know he was confused of 2 years relationship with meeting within 2 years. i just hope they do because it is not easy to deal with USEM here in Manila, if uscis allow them USEM will not, if he have passport stamps from 2010 to 2012 that will make everything ok

[Tahoma 2,291]

I periodically fly to manila maybe 3-4 times/year to be with them.

Actually I did include the tickets, photo and stuff its just not within the specified 2 years. I would think the "2 years" was the minimum requirements to show that the relationship is bonafide. So I thought sending earlier evidences would be more preferred. I guess I was wrong. Anyway will be sending as they required.

Yes, just send them what they require.

I don't know why people are having a hard time understanding your situation. You see your family three or four times per year, and you thought the USCIS would appreciate the fact that you have had a long-term relationship with your fiancée and you have two kids with her. The only thing you didn't do is to send any evidence from the two-year period immediately preceding your filing, but you do have that evidence and you will be sending it in.

[dm559 34]

Mine is a side question that kinda relates to this topic. For someone who is married to a USC at what point would USCIS send a RFE if they are going to do so at all?

[Caryh 5,206]

Yes, just send them what they require.

I don't know why people are having a hard time understanding your situation. You see your family three or four times per year, and you thought the USCIS would appreciate the fact that you have had a long-term relationship with your fiancée and you have two kids with her. The only thing you didn't do is to send any evidence from the two-year period immediately preceding your filing, but you do have that evidence and you will be sending it in.

I'm a bit confused how they keep assuming the comment "I periodically fly to manila maybe 3-4 times/year to be with them.", means he suddenly stopped doing that in 2009. This totally sounds to me like what he has always been doing over the long years of their relationship, and currently still does. He just didn't understand one of the steps towards approval is proving the in person meeting in the two years previous to filing. Although the front loading of the petition should make it easier on his fiancée at interview time.

[Andie 147]

Yes, just send them what they require.

I don't know why people are having a hard time understanding your situation. You see your family three or four times per year, and you thought the USCIS would appreciate the fact that you have had a long-term relationship with your fiancée and you have two kids with her. The only thing you didn't do is to send any evidence from the two-year period immediately preceding your filing, but you do have that evidence and you will be sending it in.

that's how I read it.. so lets hope so

[Tahoma 2,291]

I'm a bit confused how they keep assuming the comment "I periodically fly to manila maybe 3-4 times/year to be with them.", means he suddenly stopped doing that in 2009. This totally sounds to me like what he has always been doing over the long years of their relationship, and currently still does. He just didn't understand one of the steps towards approval is proving the in person meeting in the two years previous to filing. Although the front loading of the petition should make it easier on his fiancée at interview time.

:thumbs:

that's how I read it.. so lets hope so

:thumbs:

[dwheels76 5,466]

Mine is a side question that kinda relates to this topic. For someone who is married to a USC at what point would USCIS send a RFE if they are going to do so at all?

Man thats the million dollar question. You get an RFE when your case gets adjudicated. So really within that 5 month window. If no RFE that would have been an approval. Thats whats so frustrating that you could have got approved now a delay.

[dm559 34]

Just so that I'm clear on this: (pardon my not knowing) but are all cases adjudicated? I mean, is that part of the normal process or are petitions just selected at random? And when you say that 5 month window are you talking about when an I-130 is first sent in? For my spouse and I we got the notice inviting us to apply for an immigration visa (I-130 and I-485 approved) if we were going to get a RFE would it have happened already?

Man thats the million dollar question. You get an RFE when your case gets adjudicated. So really within that 5 month window. If no RFE that would have been an approval. Thats whats so frustrating that you could have got approved now a delay.