Please help RFE problem...doesn't have the 2 year meeting requirement for a K! visa

[Mike B. 231]

It will be too late even if I go and visit her, the immigration said we must have met in person between March 23, 2007 to March 23, 2009.

I've made a mistake in assuming that the immigration officer that will handle my petition can see the merits of my case regarding the 2 year requirement rather than just following the requirement verbatim. We already had more than 20 years of relationship which was blessed with a son - a much more solid proof than a photo taken 2 years ago.

I believe that the 2 year requirement was put there to prevent marriage for convenience that was prevalent during the 1980's. I guess I really need an immigration lawyer, so he can cite previous cases like mine that were approved without the 2 year meeting requirement.

Thanks guys for all your response...any suggestions on a good immigration lawyer here in Northern California?...

The problem is that there are not merits of your case regarding the two year requirement. To file the petition uou are legally required to have had seen her within the past two years, and you did not fulfill that legal obligation, so you don't qualify for the K-1. No amount of lawyering is going to get around that fact. I'd imagine that a lawyer would just tell you to go meet your fiance and apply again. The difference between this place and a lawyer is that this place doesn't charge you a $100 consultation fee to tell you exactly what it says on the I-129F instructions.

You obviously love this woman. Get yourself plane tickets and go visit her.

[Voltz 0]

The requirement for the K1 as everyone has mentioned is that you have met in the past 2 years. It is highly unlikely you will get a hardship wavier. Your situation is not a hardship, just unlucky.

I would suggest taking the money you have for her flight and going asap to see your fiancee, and then come back and send the RFE in before the 25th. There is still plenty of time and you can get flights to the Phillipines right now out for 700 bucks. The fact is waiting for NOA2 and then embassy interview, there will be time to save more money, for her trip to come over when she does finally get the Visa.

Also you have the expense of 1010 when she gets here to file AOS.

Spend the money now, and save for the expenses later otherwise, you have just wasted 455, by not reading the requirements.

If you will carefully re-read my post, on paragraph 2, sentence 4, I think I did acknowledged that I am aware of the requirement even before I filed the petition. I have erred in assuming that I have a strong case and I that it will be exempted from the requirement. I've also made an incorrect assumption that the officer that will handle my case will treat it differently from other cases.

As I have mentioned from my earlier post, I believe that my more than 20 years relationship with my girlfriend and the fact that we have a son are much more solid proofs than 2 year old pictures. Unfortunately, the officer thinks otherwise and just blindly followed the requirement to the letter.

The series of unfortunate events that happened leading to our non-compliance to the requirement is only part of the problem. I guess I was part of the problem too for trusting people' that they can see different shades of color other than black and white, that there are lots of shades in between - obviously, I was wrong .

[D&R 0]

Hi there all...hope someone can help me

here's my case….

My girlfriend and I started dating since 1986 and started living together in 1994. We can't get married that time as she can't get an annulment on her first marriage because she can't locate her ex-husband - they were already separated for 3 years when we started dating. She gave birth to our son last 1996.

Year 2002, my US Immigrant visa application was approved and since we're not married, I can only take my son with me and she was left all alone. Two years ago, she finally located her ex-husband and she filed for an annulment which was granted early this year. I immediately applied for a K-1 visa and saw that one of the requirements was to have met one’s fiancee at least two years from the date of the K-1 visa application. I know that we didn't meet the requirement as the last time my son and I went to see her was 2006, which was out of the 2 year window requirement but the documents I've submitted were I think more than enough to prove that we really have an honest and a genuine relationship.

We were about to visit her last 2007, but her annulment was in the process that time and she needed the money which was about $8,000. So, I don't have a choice but to give her the money and postpone our visit. We planned again to visit her last year but unfortunately her mom passed away before we can even schedule our visit. I have lots of debt of gratitude to her mom (mostly financial), so again instead of visiting her, I decided to give her the money to help her for all the funeral expenses.

Going back to the evidence I've submitted, many of the pictures in the package have dates inside the photos - like a banner on the background saying “Welcome, Christmas Party 1986”, a poster of a stage play we watched and was luckily included in the background that clearly states the time, the month, the day and the year or like the 1994 election banner that was also included in the background and a lot more that will prove that we really have a relationship for the past 20 years now. I've also included the birth certificate of our son clearly stating the she was the mother. I've also included some of my bank account statement showing I'm sending her money every month.

But still they were asking for a proof that we have met personally 2 years prior to the petition . She was my girlfriend for more than 20 years now and we have been living before for 10 years prior to my immigration here in the U.S. plus the fact that she was the mother of my son and I have been sending her money every month up to now (I can back it all up with my bank account statements). The pictures I have sent to them dates back when we first started dating since 1986 up to the time we left last 2003 and the last time we visited her last 2006, I even included a video of the visit.

The only thing that I can afford right now is her plane ticket and a small amount to spend for our wedding once she gets her. Other than that, I am totally out of money – reason why I’m asking for help and suggestions because I don’t have money to pay for an immigration lawyer.

If you guys were in the same situation before, as I am now and you did pull it through without a lawyer’s help, then please reply immediately as I only have few days left to respond to the immigration. And if you think there’s no way I can pull this through without the help of a lawyer, can you suggest one that is good but won’t totally drain my savings? (preferably in the Northern California area)

BTW, I only have until August 25th to reply or they will deny my petition. I still haven’t told my fiancee about the bad news as I know she will die from misery.

Sorry for the long letter guys, I really have to vent my frustration.

Thank you all in advance…

I can totally totally understand your case, and if I was reviewing your case, I think I'd give you the benefit of the doubt as it sound like you have enough evidence to prove a 'real/proper' relationship... But, what I don't understand is why when you read "you have to have met in person in the last two years" you thought to yourself, this doesn't apply to me? If you'd stuck to the requirements from day 1, then there wouldn't have been a problem (as far as I can see).

Not sure I've really helped, but use this as a lesson to not just READ the requirements/instructions carefully, but to ADHERE to them too. Hopefully your situation will help others before they do the same thing... a small consolation though, sorry (

[adventure509 0]

Your relationship has lasted the test of time allready. Is sad that this last attempt to be together apears to have failed because of a requirement put in place to protect the petitioner. Employing a lawyer with an unsure outcome seems to me to be a grasp at a straw that could just end up a waste of funds better use to travel there to marry her. Then apply for the Cr1 or K3 visa as one of the earlier post suggested. Your lady will understand am sure. I know after waiting this long and hen getting excited about the aproval has added to the wish to follow through with more action. But to me it seems your best course of action is to except that this is not a failure but just another test of your strong relationship and start working on your final test. I wish you the best of luck.

[Gary and Alla 3,694]

For a K-1 you have to have met in person in the last two years. You can take a trip back and visit or get married when there and file for K-3 or CR-1. (better CR-1) You will have to refile as you did not meet within the last two years and no refunds. Bummer. Better use the money you saved for YOUR plane ticket to visit and save some more for hers when the K-1 gets approved 6-8 months down the road.

Yes, but doesn't the K1 petition state that the 2 year requirement can be waived if you can prove hardship? Maybe he can respond to RFE with documentation proving the mother's death?

Sounds like he is running out of time and at the end of the rope. I agree with you - Bummer!

It is difficult to prove "hardship" for a visa that requires you provide evidence of support for your family, including the child. "I have no money to visit in the last three years but I have enough to support a family of three" He is not running out of time. How, exactly does one "run out of time"?

He needs to get on a plane and go to visit or get married.

[Gary and Alla 3,694]

Hi there all...hope someone can help me

here's my case….

My girlfriend and I started dating since 1986 and started living together in 1994. We can't get married that time as she can't get an annulment on her first marriage because she can't locate her ex-husband - they were already separated for 3 years when we started dating. She gave birth to our son last 1996.

Year 2002, my US Immigrant visa application was approved and since we're not married, I can only take my son with me and she was left all alone. Two years ago, she finally located her ex-husband and she filed for an annulment which was granted early this year. I immediately applied for a K-1 visa and saw that one of the requirements was to have met one’s fiancee at least two years from the date of the K-1 visa application. I know that we didn't meet the requirement as the last time my son and I went to see her was 2006, which was out of the 2 year window requirement but the documents I've submitted were I think more than enough to prove that we really have an honest and a genuine relationship.

We were about to visit her last 2007, but her annulment was in the process that time and she needed the money which was about $8,000. So, I don't have a choice but to give her the money and postpone our visit. We planned again to visit her last year but unfortunately her mom passed away before we can even schedule our visit. I have lots of debt of gratitude to her mom (mostly financial), so again instead of visiting her, I decided to give her the money to help her for all the funeral expenses.

Going back to the evidence I've submitted, many of the pictures in the package have dates inside the photos - like a banner on the background saying “Welcome, Christmas Party 1986”, a poster of a stage play we watched and was luckily included in the background that clearly states the time, the month, the day and the year or like the 1994 election banner that was also included in the background and a lot more that will prove that we really have a relationship for the past 20 years now. I've also included the birth certificate of our son clearly stating the she was the mother. I've also included some of my bank account statement showing I'm sending her money every month.

But still they were asking for a proof that we have met personally 2 years prior to the petition . She was my girlfriend for more than 20 years now and we have been living before for 10 years prior to my immigration here in the U.S. plus the fact that she was the mother of my son and I have been sending her money every month up to now (I can back it all up with my bank account statements). The pictures I have sent to them dates back when we first started dating since 1986 up to the time we left last 2003 and the last time we visited her last 2006, I even included a video of the visit.

The only thing that I can afford right now is her plane ticket and a small amount to spend for our wedding once she gets her. Other than that, I am totally out of money – reason why I’m asking for help and suggestions because I don’t have money to pay for an immigration lawyer.

If you guys were in the same situation before, as I am now and you did pull it through without a lawyer’s help, then please reply immediately as I only have few days left to respond to the immigration. And if you think there’s no way I can pull this through without the help of a lawyer, can you suggest one that is good but won’t totally drain my savings? (preferably in the Northern California area)

BTW, I only have until August 25th to reply or they will deny my petition. I still haven’t told my fiancee about the bad news as I know she will die from misery.

Sorry for the long letter guys, I really have to vent my frustration.

Thank you all in advance…

I can totally totally understand your case, and if I was reviewing your case, I think I'd give you the benefit of the doubt as it sound like you have enough evidence to prove a 'real/proper' relationship... But, what I don't understand is why when you read "you have to have met in person in the last two years" you thought to yourself, this doesn't apply to me? If you'd stuck to the requirements from day 1, then there wouldn't have been a problem (as far as I can see).

Not sure I've really helped, but use this as a lesson to not just READ the requirements/instructions carefully, but to ADHERE to them too. Hopefully your situation will help others before they do the same thing... a small consolation though, sorry (

Good points.

If I was reviewing his case I would toss it out. He does not meet the qualifications, there is no "doubt" to give benefit to. If someone meets and has a relationship and then, for whatever reason that relationship is not continuing in a way which qualifies, there is no choice but to "renew" things. If they let a 3 year period pass, why not a 10 year? That is the rule, it is clearly stated and the OP wasted $455. It happens. Yes, it is a bummer. I have no doubt he has plenty of "proof of relationship" which will be real handy for the interview. For the petition, he needs "proof of meeting in person" within the last two years. It is senseless to file a petition if you do not have it.

[Gary and Alla 3,694]

Thanks guys for the response...when you say extreme hardship, will that include extreme financial hardship?... as I have given her money which would have been for me and our son's plane ticket that I have saved for years. I can provide proof of my bank account's transaction of all the money I have sent her and I can provide the death certificate of my fiancee's death. What do you guy's think?

I think it is only slightly less daft than filing a peitition without proof of meeting within two years. You are going to say you cannot afford a plane ticket but you CAN afford to support a family of three? Claiming financial hardship for a K-1 visa is ...well, shooting yourself in the OTHER foot! Now put that gun down before you start aiming higher!

You have no evidence that they need. If you want to be with this woman in the USA...

1. Answer the RFE with the truth.

2. Withdraw the petition, write off the $455 to education. It is what it cost you to learn they mean what they say in the instructions

3. Use the money you saved to buy a plane ticket to the PI

4. Make photos of you and her together

5. Re-file the petition

Anything else is wasting more time and more money.

[Gary and Alla 3,694]

It will be too late even if I go and visit her, the immigration said we must have met in person between March 23, 2007 to March 23, 2009.

I've made a mistake in assuming that the immigration officer that will handle my petition can see the merits of my case regarding the 2 year requirement rather than just following the requirement verbatim. We already had more than 20 years of relationship which was blessed with a son - a much more solid proof than a photo taken 2 years ago.

I believe that the 2 year requirement was put there to prevent marriage for convenience that was prevalent during the 1980's. I guess I really need an immigration lawyer, so he can cite previous cases like mine that were approved without the 2 year meeting requirement.

Thanks guys for all your response...any suggestions on a good immigration lawyer here in Northern California?...

WHAT???????????????????????????

You cannot buy a plane ticket? You want to prove hardship? And now you are going to hire an attorney for THOUSANDS OF DOLLARS to prove you cannot afford to buy a plane ticket??? Really, put that gun down! Now you are aiming for your KNEES!!!!!!

Get on a plane, go to the PI and refile the peititon. You can do it for LESS than hiring an attorney and probably FASTER than getting an appointment at an attorney's office! Then after you pay for the attorney (they will GLADLY take your money knowing you have as much chance as a snowball in hell) you willwait for months and months for an answer. STOP the hemmoraging NOW. Just do what you need to do and be done with it.

[ZorValachan 0]

While I do have empathy for your case, I have none for how you are handling it now.

You have a problem and come to the forums and ask suggestions. Everyone tells you that you did not adhere to the rules and are not going to get any type of waiver/pity acceptance/etc. from the adjudicator for your case; That you have to fly back to PI and meet again and then try K-1, or marry over there and do CR-1.

Just because you think it is unfair, it doesn't mean it will change. Please, do NOT wait around this thread waiting for someone to tell you, "Go ahead and try it". You asked our opinions and we gave them. Hoping/wishing for someone to come and tell you differently, is not going to change reality.

Everyone is entitled to their own opinion. But all opinions are not equal. One based on facts, evidence, and adhering to plainly stated rules is superior to an opinion based on hopes, wishes, dreams. Waiting around for someone with your views to post here is just going to cost you time and money and the pain of being away from your loved one even longer.

[jom 4]

Buy a ticket , visit her in the Philippines and refile your petition. Dont waste your time and money on a lawyer.

Goodluck

[D&R 0]

The requirement for the K1 as everyone has mentioned is that you have met in the past 2 years. It is highly unlikely you will get a hardship wavier. Your situation is not a hardship, just unlucky.

I would suggest taking the money you have for her flight and going asap to see your fiancee, and then come back and send the RFE in before the 25th. There is still plenty of time and you can get flights to the Phillipines right now out for 700 bucks. The fact is waiting for NOA2 and then embassy interview, there will be time to save more money, for her trip to come over when she does finally get the Visa.

Also you have the expense of 1010 when she gets here to file AOS.

Spend the money now, and save for the expenses later otherwise, you have just wasted 455, by not reading the requirements.

If you will carefully re-read my post, on paragraph 2, sentence 4, I think I did acknowledged that I am aware of the requirement even before I filed the petition. I have erred in assuming that I have a strong case and I that it will be exempted from the requirement. I've also made an incorrect assumption that the officer that will handle my case will treat it differently from other cases.

As I have mentioned from my earlier post, I believe that my more than 20 years relationship with my girlfriend and the fact that we have a son are much more solid proofs than 2 year old pictures. Unfortunately, the officer thinks otherwise and just blindly followed the requirement to the letter.

The series of unfortunate events that happened leading to our non-compliance to the requirement is only part of the problem. I guess I was part of the problem too for trusting people' that they can see different shades of color other than black and white, that there are lots of shades in between - obviously, I was wrong .

OP : "I guess I was part of the problem too for trusting people"

You weren't 'PART' of the problem.... you 'WERE' the problem. I think it's TOTALLY unfair to blame anyone else in Visa application process. I'm sure they have their faults, but in this case, YOU'RE the one that choice to ignore the rules even after reading and understanding them. It's not even like it was a grey area, and they'd stated you must have met your fiance 'recently'. It's stated a time limit that you KNEW you didn't meet. Sad to say it's all your own fault. At least you're not banned or anything like that. Learn from YOUR mistake, get a flight booked, then re-apply!

[dutchmatt 1]

The rules are there for a reason and unfortunately you didn't meet the requirements. When you are dealing with the government you can't expect them to give you a break or bend the rules for certain individuals. The process is black and white - but you were grey. Everyone's situation is unique but the path we go down is the same. Dont waste your money on a lawyer - get on a plane and visit your girl and reapply.

Edited August 7, 2009 by dutchmatt

[Bobby+Umit 161]

For a K-1 you have to have met in person in the last two years. You can take a trip back and visit or get married when there and file for K-3 or CR-1. (better CR-1) You will have to refile as you did not meet within the last two years and no refunds. Bummer. Better use the money you saved for YOUR plane ticket to visit and save some more for hers when the K-1 gets approved 6-8 months down the road.

Yes, but doesn't the K1 petition state that the 2 year requirement can be waived if you can prove hardship? Maybe he can respond to RFE with documentation proving the mother's death?

Sounds like he is running out of time and at the end of the rope. I agree with you - Bummer!

It does state that - however, two things:

1. I have not seen any waivers granted in all my searching on the USCIS site (they list all the decisions like this) - they may very well have some - but it's not common to be sure.

2. He didn't meet the initial requirements of the K-1 petition, "meeting in previous 2 years", so that petition is "void". He could attempt to apply for a waiver, but he will probably not get it.

Even if he goes to visit now, he would not be able to use that with the initial petition, if you go by the wording of the form. He would have to forgo this one, and file a new one, having met the requirements.

[amykathleen2005 441]

If you will carefully re-read my post, on paragraph 2, sentence 4, I think I did acknowledged that I am aware of the requirement even before I filed the petition. I have erred in assuming that I have a strong case and I that it will be exempted from the requirement. I've also made an incorrect assumption that the officer that will handle my case will treat it differently from other cases.

As I have mentioned from my earlier post, I believe that my more than 20 years relationship with my girlfriend and the fact that we have a son are much more solid proofs than 2 year old pictures. Unfortunately, the officer thinks otherwise and just blindly followed the requirement to the letter.

The series of unfortunate events that happened leading to our non-compliance to the requirement is only part of the problem. I guess I was part of the problem too for trusting people' that they can see different shades of color other than black and white, that there are lots of shades in between - obviously, I was wrong .

Well the requirement is to meet within two years. So you don't have a strong case at all in that regard. I'll admit, you have a hugely strong case in terms of the relationship but that is not what is in question at that point.

I am confused why you want a government agency to see in "different shades of color" there are rules for reason, to make as much as possible that everyone is treated fairly (which I know doesn't always happen), if they didn't adhere to the rules there would be no point in the petition at all....they would just welcome you at the POE with open arms after hearing your admittedly sad story.

My suggestion is to either go and get married to her and do the K-3 petition or go live with her.

[MikenKyhen 0]

While I do have empathy for your case, I have none for how you are handling it now.

You have a problem and come to the forums and ask suggestions. Everyone tells you that you did not adhere to the rules and are not going to get any type of waiver/pity acceptance/etc. from the adjudicator for your case; That you have to fly back to PI and meet again and then try K-1, or marry over there and do CR-1.

Just because you think it is unfair, it doesn't mean it will change. Please, do NOT wait around this thread waiting for someone to tell you, "Go ahead and try it". You asked our opinions and we gave them. Hoping/wishing for someone to come and tell you differently, is not going to change reality.

Everyone is entitled to their own opinion. But all opinions are not equal. One based on facts, evidence, and adhering to plainly stated rules is superior to an opinion based on hopes, wishes, dreams. Waiting around for someone with your views to post here is just going to cost you time and money and the pain of being away from your loved one even longer.

Well said..It won't get any clearer than this.