Problem on Q18 in I-129F

[Amai 0]

Hello everyone. I'm just new here.

I have this concern, my fiance and I haven't met in two years (He left July, 2006). He wasn't able to come back in the Philippines since then because of his naturalization process. He just had his oath taking last July 11. He just sent the k1 and k2 application today for me and our son. BTW we have a son, before he left I was 3 months pregnant of our first born.

Is that considered as extreme hardship on meeting us ( me and our son) because of his naturalization process? We've been together for eight years, since highschool.

I'm wondering if they will still approve the application. I told them to seek advises from immigration lawyers but they still filed the applicaiton.

Please give advise about this concern. It would be great. Thanks.

[hyper609 0]

Yes, it is a requirement to have met in person within 2 yrs of sending the application. Please check this link:

http://www.uscis.gov/files/article/A2.pdf However, if you can prove a hardship it will be waived. Good luck on your journey.

[Amai 0]

Yes, it is a requirement to have met in person within 2 yrs of sending the application. Please check this link:

http://www.uscis.gov/files/article/A2.pdf However, if you can prove a hardship it will be waived. Good luck on your journey.

Thank you. Do you think the naturalization process is considered a hardship for us to meet together that long? I hope it will.

[john_and_marlene 162]

Yes, it is a requirement to have met in person within 2 yrs of sending the application. Please check this link:

http://www.uscis.gov/files/article/A2.pdf However, if you can prove a hardship it will be waived. Good luck on your journey.

Thank you. Do you think the naturalization process is considered a hardship for us to meet together that long? I hope it will.

The petition will be denied for not satisfying the meeting within 2 year requirement. No, having to wait for naturalization does not constitute a hardship. You will have to arrange to see each other in person again before reapplying. If you get an RFE requiring evidence of meeting, you cannont use evidence of a meeting that occurs after the petition was sent.

[sunandmoon 450]

Yes, it is a requirement to have met in person within 2 yrs of sending the application. Please check this link:

http://www.uscis.gov/files/article/A2.pdf However, if you can prove a hardship it will be waived. Good luck on your journey.

Thank you. Do you think the naturalization process is considered a hardship for us to meet together that long? I hope it will.

I don't think so since being a US Citizen is one of the requirements for filing a I-129f Fiance petition.

[Amai 0]

Yes, it is a requirement to have met in person within 2 yrs of sending the application. Please check this link:

http://www.uscis.gov/files/article/A2.pdf However, if you can prove a hardship it will be waived. Good luck on your journey.

Thank you. Do you think the naturalization process is considered a hardship for us to meet together that long? I hope it will.

The petition will be denied for not satisfying the meeting within 2 year requirement. No, having to wait for naturalization does not constitute a hardship. You will have to arrange to see each other in person again before reapplying. If you get an RFE requiring evidence of meeting, you cannont use evidence of a meeting that occurs after the petition was sent.

can we still pull out our application? we just sent the payment for the application. writing a letter to the office to cancel the application. Is is still possible?

i was stunned when i read your reply.

[o0pink0o 3]

why not ask him to visit you again and stay with you even for a week while the process is on going? or ask him to be with you on your interview ( i think that thing will help).

just my thought.

[Amai 0]

thank you guys... i hope we can get thru with this.

[paothao 0]

Hello everyone. I'm just new here.

I have this concern, my fiance and I haven't met in two years (He left July, 2006). He wasn't able to come back in the Philippines since then because of his naturalization process. He just had his oath taking last July 11. He just sent the k1 and k2 application today for me and our son. BTW we have a son, before he left I was 3 months pregnant of our first born.

Is that considered as extreme hardship on meeting us ( me and our son) because of his naturalization process? We've been together for eight years, since highschool.

I'm wondering if they will still approve the application. I told them to seek advises from immigration lawyers but they still filed the applicaiton.

Please give advise about this concern. It would be great. Thanks.

There was a clause in this link, read section that said, "provide a detailed explanation that", http://***removed***/visas/kvisa/fiance-visa-petition.html

you'll have to give an explanation as to why you can not meet in person within 2 yrs timeframe, and since you already filed your application. I would suggest you wait and see if you get RFE, and then provide them with an explanation...

Think of a good reason, and write a letter to support it. waiting for naturalization will not be a good reason or hardship, but I'm not the one who decide it. Hope this help a bit...

Hello everyone. I'm just new here.

I have this concern, my fiance and I haven't met in two years (He left July, 2006). He wasn't able to come back in the Philippines since then because of his naturalization process. He just had his oath taking last July 11. He just sent the k1 and k2 application today for me and our son. BTW we have a son, before he left I was 3 months pregnant of our first born.

Is that considered as extreme hardship on meeting us ( me and our son) because of his naturalization process? We've been together for eight years, since highschool.

I'm wondering if they will still approve the application. I told them to seek advises from immigration lawyers but they still filed the applicaiton.

Please give advise about this concern. It would be great. Thanks.

There was a clause in this link, read section that said, "provide a detailed explanation that", http://***removed***/visas/kvisa/fiance-visa-petition.html

you'll have to give an explanation as to why you can not meet in person within 2 yrs timeframe, and since you already filed your application. I would suggest you wait and see if you get RFE, and then provide them with an explanation...

Think of a good reason, and write a letter to support it. waiting for naturalization will not be a good reason or hardship, but I'm not the one who decide it. Hope this help a bit...

[john_and_marlene 162]

Yes, it is a requirement to have met in person within 2 yrs of sending the application. Please check this link:

http://www.uscis.gov/files/article/A2.pdf However, if you can prove a hardship it will be waived. Good luck on your journey.

Thank you. Do you think the naturalization process is considered a hardship for us to meet together that long? I hope it will.

The petition will be denied for not satisfying the meeting within 2 year requirement. No, having to wait for naturalization does not constitute a hardship. You will have to arrange to see each other in person again before reapplying. If you get an RFE requiring evidence of meeting, you cannont use evidence of a meeting that occurs after the petition was sent.

can we still pull out our application? we just sent the payment for the application. writing a letter to the office to cancel the application. Is is still possible?

i was stunned when i read your reply.

The payment was a filing fee. You have filed and the fee will not be refunded. There is no way to track down your petition until it has been assigned a case number. You won't be able to take any action regarding the petition until it has been assigned a case number. As soon as you get a receipt with the case number, you can take steps to cancel the petition and refile a new petition after satisfying the meeting requirement.

[Amai 0]

Maybe the best thing we can for now is think of other possible reasons for not seeing each other for 2 years.

Thanks guys.

[john_and_marlene 162]

Maybe the best thing we can for now is think of other possible reasons for not seeing each other for 2 years.

Thanks guys.

You would be best served to direct your energy into meeting the requirement on your next petition. You do not even remotely qualify for a waiver of the requirement.

The best thing you can do for now is start planning a trip to satisfy the meeting within 2 years requirement.

[Amai 0]

can we reapply immediately if ever we are denied? it'll be the same process or it will take longer that the usual processing time?

[Minya's wife 25]

Why exactly are you trying to re-apply 'immediately' after you're denied? As john&malrene pointed out you must have met the pre-requisite of having physically met within the two years of filing the petition, otherwise you cannot file. And since this petition (I-129F) can only be filed by a US citizen, waiting for naturalization is not a hardship, you cannot claim a waiver because of that.

So he must make a trip to wherever you are, you two must meet....and he must then provide evidence of that meeting with his petition. Otherwise, there is no chance.

As far as your current application goes...you just wasted your $455. You must wait until your petition a case # assigned to you by USCIS, then you must withdraw it. (You cannot do so before you have a #, because USCIS has no way to physically track your petition until they've looked at it and assigned this #. Until then your petition sits in a room somewhere, with all others.) Once you have your evidence of meeting in person, you can re-file, pay the $455 again, and start-over. I wouldn't wait for them to deny this petition...or do anything with it....just withdraw it as soon as its issued a case#.

I would suggest you read the guides available here on this site...along with perusing the Forums, particularly the K-1 forum so that you're best informed.

Good luck,

-P

Edited July 23, 2008 by Minya's wife

[Amai 0]

Why exactly are you trying to re-apply 'immediately' after you're denied? As john&malrene pointed out you must have met the pre-requisite of having physically met within the two years of filing the petition, otherwise you cannot file. And since this petition (I-129F) can only be filed by a US citizen, waiting for naturalization is not a hardship, you cannot claim a waiver because of that.

So he must make a trip to wherever you are, you two must meet....and he must then provide evidence of that meeting with his petition. Otherwise, there is no chance.

As far as your current application goes...you just wasted your $455. You must wait until your petition a case # assigned to you by USCIS, then you must withdraw it. (You cannot do so before you have a #, because USCIS has no way to physically track your petition until they've looked at it and assigned this #. Until then your petition sits in a room somewhere, with all others.) Once you have your evidence of meeting in person, you can re-file, pay the $455 again, and start-over. I wouldn't wait for them to deny this petition...or do anything with it....just withdraw it as soon as its issued a case#.

I would suggest you read the guides available here on this site...along with perusing the Forums, particularly the K-1 forum so that you're best informed.

Good luck,

-P

Thank you! After we sent the letter that we're withdrawing our application do we have to wait for their reply before we can file another application again? Is there any letter format in withdrawing the application or just simply writing the USCIS informing of its withdrawal?