I-129F Delay

[Alcheringa 39]

Wait. You are a USC, and were required to submit biometrics after receiving an RFE for failure to prove you met in the last two years? Maybe Pushbrk (or someone else) can clear this up, but isn't that particularly unusual?

Did they have you sign a release waiver before doing so? Are you a native or naturalized citizen? Do you have ties to the Middle East yourself? Religious? Family? Financial? Something caused them to drop their investigation of you down a notch.

If you don't mind me asking, what was your rebuttal to the RFE? Additional supporting evidence, or a legitimate waiver based on the war making it unduly difficult to meet? From what I understand, to substantiate that claim you also have to prove that it was equally impossible to meet elsewhere, say, in a neighboring country. Not always the easiest thing to do if you are not within close proximity to Baghdad International Airport -- the roads are still unsafe -- but Iraqi's fly abroad every day. For instance, to Amman, Jordan, which is a direct flight.

Also, are you positive she never worked for the U.S. gov't or military? Or ever was required to get an identification card with a visible chip in it? The reason I ask is because it is not uncommon, it means she is already in AFIS and BATS, and when they inevitably print her at the consulate she'll throw a flag in both systems.

So long as there is no derogatory information, that would potentially work in her favor as it would establish some sort of credible history. A good example is an Iraqi man working as an Interpreter for six years with the U.S. military, and then successfully being granted a visa to relocate. Doesn't happen all the time, but it's not unheard of.

If I sounded demeaning about the nature of your relationship, I apologize. I met my fiancée while we both worked in Iraq -- that's a story in itself -- so stranger things have happened. Nevertheless, we clearly do not need to remind you of the difficulties it poses in your situation. Even a single meeting would substantiate things considerably for you.

In any case, I unexpectedly received assistance from my Senator, so it does happen. Of course, my situation is remarkably simpler, and doesn't resemble yours one bit. Not to deflate your hopes, but I'd think there are not too many politicians that would be willing to stick their neck out on this one. With the national security aspect of the case in full-view, there may not be much they can do. It'll just have to go through the process, and let's hope they don't let it time out on you.

Is there absolutely no way you two could meet abroad?

[Nik+Heather 121]

You may find this thread interesting. The first link is to an overturn of a denial of a petition where they were in the same boat as you (Fiancee is from Iraq - no meeting in person)

http://www.visajourney.com/forums/topic/248439-here-are-some-sample-cases-of-denial-and-approval-for-k-1s/page__p__3820004__fromsearch__1entry3820004

[Audy_Rob 26]

Wait. You are a USC, and were required to submit biometrics after receiving an RFE for failure to prove you met in the last two years?

It would seem likely that the Biometrics were taken to assist in the background check which is exactly what was stated as requiring additional time. While USCIS might be considering the RFE and issue of not having met in the two years before filing the I-129F, it seems very clear based on the OP's very first posting that the USCIS is saying they have not completed an investigation of the petitioner's background and the need for Biometrics is consistent with that.

The need for Biometrics is not consistent with the requirement that you have met your fiancee in the past two years nor requesting a waiver of that on the basis of extreme hardship.

Edited April 6, 2010 by Audy_Rob

[Kathryn41 3,205]

You may find this thread interesting. The first link is to an overturn of a denial of a petition where they were in the same boat as you (Fiancee is from Iraq - no meeting in person)

http://www.visajourn...1entry3820004

Excellent information! The first case does appear to have a lot of elements in common with the OPs and provides a good path for him to follow. It seems like USCIS could actually be using the first case as a guideline as well since they have not yet denied the application but it is still undergoing background checks - which in this case sounds like a good thing as they would not be continuing background checks if it had been established that they would deny the application for failure to meet in person within two years prior to filing.

It really is important to provide a lot of evidence to establish the circumstances - something the first case did and the second case failed to do with the resultant approval for the first case and denial for the second.

Thanks for providing the link Nik + Heather.

[jgvmd1968 0]

Wait. You are a USC, and were required to submit biometrics after receiving an RFE for failure to prove you met in the last two years? Maybe Pushbrk (or someone else) can clear this up, but isn't that particularly unusual?

Did they have you sign a release waiver before doing so? Are you a native or naturalized citizen? Do you have ties to the Middle East yourself? Religious? Family? Financial? Something caused them to drop their investigation of you down a notch.

If you don't mind me asking, what was your rebuttal to the RFE? Additional supporting evidence, or a legitimate waiver based on the war making it unduly difficult to meet? From what I understand, to substantiate that claim you also have to prove that it was equally impossible to meet elsewhere, say, in a neighboring country. Not always the easiest thing to do if you are not within close proximity to Baghdad International Airport -- the roads are still unsafe -- but Iraqi's fly abroad every day. For instance, to Amman, Jordan, which is a direct flight.

Also, are you positive she never worked for the U.S. gov't or military? Or ever was required to get an identification card with a visible chip in it? The reason I ask is because it is not uncommon, it means she is already in AFIS and BATS, and when they inevitably print her at the consulate she'll throw a flag in both systems.

So long as there is no derogatory information, that would potentially work in her favor as it would establish some sort of credible history. A good example is an Iraqi man working as an Interpreter for six years with the U.S. military, and then successfully being granted a visa to relocate. Doesn't happen all the time, but it's not unheard of.

If I sounded demeaning about the nature of your relationship, I apologize. I met my fiancée while we both worked in Iraq -- that's a story in itself -- so stranger things have happened. Nevertheless, we clearly do not need to remind you of the difficulties it poses in your situation. Even a single meeting would substantiate things considerably for you.

In any case, I unexpectedly received assistance from my Senator, so it does happen. Of course, my situation is remarkably simpler, and doesn't resemble yours one bit. Not to deflate your hopes, but I'd think there are not too many politicians that would be willing to stick their neck out on this one. With the national security aspect of the case in full-view, there may not be much they can do. It'll just have to go through the process, and let's hope they don't let it time out on you.

Is there absolutely no way you two could meet abroad?

Yes, I am a native USC. They sent me an appointment for biometrics several months after I sent in the RFE having to prove why we cannot have a face to face meeting. I don't recall signing any waivers when I went to the biometrics appointment. I have no ties to the middle east nor have I ever been there. The RFE was a letter I wrote submitted with documentation that was almost identical to the post with the link to the appeal that was approved for the USC who also was never able to meet his iraqi fiancee. My fiancee has never worked directly with the US Gov't or military. You did not sound demeaning about the nature of our relationship. In fact, I cannot express enough appreciation for all of the comments, thoughts, questions and ideas you have communicated. I am reassured now with the USCIS decision that was reversed on appeal. Not sure if you had a chance to read it. The good thing is that it sets a precedent that I can use to fall back upon in the worst case scenario of a denial. Then there is a course the DoS to deal with. They deny visas after petitions are approved even when the people have met fact to face. So go figure. Actually I am thinking of a way to be in Baghad when and if she ever has her interview. As dangerous as that might be, I am willing to risk it. And I would never be seen with her. If you have been in Iraq, you must know how dangerous that is. You might want to give me some pointers if you choose to do so in a private message on how I can safely get into Baghdad. I am also curious as to learning more about how you met your fiancee. Is this something you share with others?

[Audy_Rob 26]

Excellent information! The first case does appear to have a lot of elements in common with the OPs and provides a good path for him to follow. It seems like USCIS could actually be using the first case as a guideline as well since they have not yet denied the application but it is still undergoing background checks - which in this case sounds like a good thing as they would not be continuing background checks if it had been established that they would deny the application for failure to meet in person within two years prior to filing.

It really is important to provide a lot of evidence to establish the circumstances - something the first case did and the second case failed to do with the resultant approval for the first case and denial for the second.

Thanks for providing the link Nik + Heather.

It seems irrelevant as you allude to. The RFE was a long time ago and they have since requested Biometrics. From the very first posting he has stated USCIS wrote that they are continuing a Background investigation which really seems like it is unrelated to the issue of whether they have previously met in person.

[Alcheringa 39]

Yes, I am a native USC. They sent me an appointment for biometrics several months after I sent in the RFE having to prove why we cannot have a face to face meeting. I don't recall signing any waivers when I went to the biometrics appointment. I have no ties to the middle east nor have I ever been there. The RFE was a letter I wrote submitted with documentation that was almost identical to the post with the link to the appeal that was approved for the USC who also was never able to meet his iraqi fiancee. My fiancee has never worked directly with the US Gov't or military. You did not sound demeaning about the nature of our relationship. In fact, I cannot express enough appreciation for all of the comments, thoughts, questions and ideas you have communicated. I am reassured now with the USCIS decision that was reversed on appeal. Not sure if you had a chance to read it. The good thing is that it sets a precedent that I can use to fall back upon in the worst case scenario of a denial. Then there is a course the DoS to deal with. They deny visas after petitions are approved even when the people have met fact to face. So go figure. Actually I am thinking of a way to be in Baghad when and if she ever has her interview. As dangerous as that might be, I am willing to risk it. And I would never be seen with her. If you have been in Iraq, you must know how dangerous that is. You might want to give me some pointers if you choose to do so in a private message on how I can safely get into Baghdad. I am also curious as to learning more about how you met your fiancee. Is this something you share with others?

Going private.

[bridget and alen 0]

We had this same issue with our noa 2. But i contacted senators and congressmen.They sent on formal inquirys and within 48 hrs ours was sent off to the embassy where we now have been since nov. Had interview on Dec.14th and was placed in ap.4 months later here we sit.My fiancee was living in sweden.We lived together for 8 months there in sweden.The embassey had him go back to Iraq,where he now wait for them to finish our ap in sweden before they will even transfer our case to baghdad.Where we might be subject to another interview and more ap for all i know.I know it has alot to do with where Alen is from. I have learned to take it day by day.Some days i need him to cheer me up because all i do is cry.Other days i have to cheer him up.Good luck on your journey and i hope it goes fast for you.Women arent ussually in ap as long as men.Why not fly over to Turkey or some country close and have her get a visa to come over and visit you while you wait?Good Luck