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Filed: Timeline
Posted (edited)

Just found this on the USCIS web site, its people who have filed a K1 without meeting and response back from USCIS and people of who have filed for reopen of cases, some useful stuff

open the link and chose

D6 - Fiancees and Fiances of U.S. Citizen (K-1)

http://www.uscis.gov/uscis-ext-templating/...e/errbrowse.jsp

Edited by crash
Posted

Yes, I've been reading through these, interesting, to say the least.

One case, Feb012008_01D6101.pdf, the guy had his petition denied, and the appeal, because he didn't meet in the two year period.

He had letters from the doctor stating he basically could not walk, fly, etc..., but the USCIS denied it because they stated, and it seems they use this one alot, "Although the Act requires the petitioner and beneficiary to meet, it does not require the petitioner to travel to the beneficiary's country of residence. In the present case the record does not demonstrate that the

beneficiary, during the specified period, was unable to travel to the United States or a bordering country to meet the petitioner. The record includes a letter from the beneficiary stating that she knows of friends and a family member who have had problems obtaining visitor's visas to the United States, but that she has not attempted to apply herself. Letter from Beneficiary, dated June 7, 2007. Accordingly, the record does not support a finding that a meeting between the petitioner and beneficiary would have resulted in extreme hardship. "

So basically, if one of the two parties can "travel", then they cannot bypass this requirement.

I think in this case, if the beneficiary would of applied for the visa (visitors) and was denied, then it is quite possible they could could of been granted the appeal.

Or - she could of traveled to Mexico or Canada and met that way (no long distance travel)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Very interesting, thanks for sharing this!

There is one case (Jul282008_01D6101.pdf) where the USC is a parolee unable to leave the USA, and the beneficiary applied for and got denied on a tourist visa, and they were approved for a waiver of the meeting requirement on appeal.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

  • 3 weeks later...
Filed: AOS (apr) Country: Jamaica
Timeline
Posted
Just found this on the USCIS web site, its people who have filed a K1 without meeting and response back from USCIS and people of who have filed for reopen of cases, some useful stuff

open the link and chose

D6 - Fiancees and Fiances of U.S. Citizen (K-1)

http://www.uscis.gov/uscis-ext-templating/...e/errbrowse.jsp

Thanks for posting this link. It's quite fascinating reading these.

November 19, 2007 - Met

November 25, 2008 - Engaged

November 25, 2009 - Married

November 24, 2011 - Baby due!

Daily earning Amazon gift cards by searching the web with SwagBucks!

Posted

Very interesting! Thanks for posting.

Timeline:

K-1

07/30/08- I-129F was delivered to Vermont

08/11/08- NOA1

12/14/08- NOA2

02/11/09 Interview (Approved!)

03/07/09 POE at JFK

03/13/09 Married!

AOS

04/08/09- NOA1 for AOS and EAD (we didn't apply for AP)

04/22/09- Case Transferred to CSC

04/24/09- Biometrics Appointment

05/22/09- EAD card production ordered

05/29/09- EAD approval notice sent

06/01/09- EAD arrived in the post

06/18/09- I-485 RFE notice via email

06/25/09- I-485 RFE notice via mail

(They wanted him to redo medical exam- they must've lost it. They also wanted a copy of our marriage certificate, even though we included that in our original submission.)

07/03/09- Medical exam (second one this year grrr!)

07/06/09- I-485 RFE response mailed back to CSC via USPS

07/08/09- I-485 RFE response package delivered at CSC

07/10/09- I-485 Case Processing Resumed (CRIS email)

07/16/09- I-485 Card Production Ordered

07/21/09- I-485 Approval Notice Sent

07/24/09- Green card received in the post!

metrom.jpg

 
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