RFE

[mammalooking43 0]

I have a few questions I have filed for my fiance and recieved my noa and now our 5 months is up and now they are requesting evidence due to when i filed me and my fiance had not seen each other for over two years and now they want to know why well i have good reason , however i just came back from visiting him but it was after i filed.

I have medical reasons and am getting proof from all my doctors can anyone give me any advice on what i can do and if they deny us how do i appeal the action or will i have to refile again and i also would like to add we have a daughter together who will be 6 years old this coming year. I am at my wits end and very confused.

I would like to also add i am on disability but have a sponsor i am working as an independent avon rep and some hours at a macys store but that is hard on me and i would like to leave the position but scared if i do that will they count that against me. I really need advice any and all will help

Thank YOu

[VanessaTony 3,567]

You have to re-file. You are not eligible if you haven't seen each other 2 years prior to filing. You have just seen him which proves you're able to visit him, so appealing 2 year rule isn't remotely possible.

Re-file based on your present visit being in the last 2 years. You'll start the waiting all over again though. Sorry!

[Penguin_ie 5,993]

You have to re-file. You are not eligible if you haven't seen each other 2 years prior to filing.

[mammalooking43 0]

You have to re-file. You are not eligible if you haven't seen each other 2 years prior to filing. You have just seen him which proves you're able to visit him, so appealing 2 year rule isn't remotely possible.

Re-file based on your present visit being in the last 2 years. You'll start the waiting all over again though. Sorry!

Ok but what about the hardehsip waiver they said i could send proof of hardship

[EminTX 131]

What does the official website say? What are you told when you call?

I have my RFE at home (that I rcvd this week) and can double check what it says about people who haven't seen each other in that time period, if you'd like.

[az110965 252]

Ok but what about the hardehsip waiver they said i could send proof of hardship

Hardship does not appply here due to the fact that you indeed DID go to see him. Even if you had not gone to see him, hardship is extremely difficult to prove as USCIS would want you both to meet in a neutral country closer to you.

Simply put - the fact that you were physically able to travel will prove to USCIS that there is not a hardship.

[VanessaTony 3,567]

Ok but what about the hardehsip waiver they said i could send proof of hardship

As Az said, you DID visit him so there's no hardship. The only way you can ever get the hardship waiver for the 2 year requirement would be extreme circumstance. I don't think I've ever seen one approved. There's usually a way around any hardship, how else is the immigrant going to immigrate? There is another member that replied to the RFE hoping to get it waived but he won't divulge his reasons for asking for the waiver (just keeps talking in circles) and he hasn't been approved as yet so only time will tell.

[az110965 252]

As Az said, you DID visit him so there's no hardship. The only way you can ever get the hardship waiver for the 2 year requirement would be extreme circumstance. I don't think I've ever seen one approved. There's usually a way around any hardship, how else is the immigrant going to immigrate? There is another member that replied to the RFE hoping to get it waived but he won't divulge his reasons for asking for the waiver (just keeps talking in circles) and he hasn't been approved as yet so only time will tell.

Exactly. There was a poster here some time ago who was confined to a wheelchair, physically could not tolerate air travel to see his woman (she was in the Philippines). He said his reason for hardship was that he needed her here to care for him. He filed for waiver and was denied and was basically told by USCIS that he needed to figure out the logistics of visiting her. Waiver denied.

[Touch of Treble 39]

I have a few questions I have filed for my fiance and recieved my noa and now our 5 months is up and now they are requesting evidence due to when i filed me and my fiance had not seen each other for over two years and now they want to know why well i have good reason , however i just came back from visiting him but it was after i filed.

I have medical reasons and am getting proof from all my doctors can anyone give me any advice on what i can do and if they deny us how do i appeal the action or will i have to refile again and i also would like to add we have a daughter together who will be 6 years old this coming year. I am at my wits end and very confused.

I would like to also add i am on disability but have a sponsor i am working as an independent avon rep and some hours at a macys store but that is hard on me and i would like to leave the position but scared if i do that will they count that against me. I really need advice any and all will help

Thank YOu

OP, if I read you correctly...ARE YOU MARRIED? Your subheading says 'haven't seen husband...' If you are married you need a different visa, not the K1!

[VanessaTony 3,567]

OP, if I read you correctly...ARE YOU MARRIED? Your subheading says 'haven't seen husband...' If you are married you need a different visa, not the K1!

Ahh.. no.. there's no mention of a husband in the OP's post... anywhere...

[kokylolo 7]

I have a few questions I have filed for my fiance and recieved my noa and now our 5 months is up and now they are requesting evidence due to when i filed me and my fiance had not seen each other for over two years and now they want to know why well i have good reason , however i just came back from visiting him but it was after i filed.

I have medical reasons and am getting proof from all my doctors can anyone give me any advice on what i can do and if they deny us how do i appeal the action or will i have to refile again and i also would like to add we have a daughter together who will be 6 years old this coming year. I am at my wits end and very confused.

I would like to also add i am on disability but have a sponsor i am working as an independent avon rep and some hours at a macys store but that is hard on me and i would like to leave the position but scared if i do that will they count that against me. I really need advice any and all will help

Thank YOu

I would follow your own intuition on the situation. Fill out the hardship showing your medical reason and send in your recent itinerary. There are loopholes in every rule. Don't be discouraged. Just do it and do it quickly.

[BobGee 5]

Ahh.. no.. there's no mention of a husband in the OP's post... anywhere...

While I was reading this, I am ... Maybe you overlooked at, but the subtitle is saying "havent seen husband..."?

[VanessaTony 3,567]

While I was reading this, I am ... Maybe you overlooked at, but the subtitle is saying "havent seen husband..."?

Lol yes I missed the subtitle. The OP itself says fiance a couple of times. I assume husband was a typo - kinda dangerous in immigration matters

[BobGee 5]

Lol yes I missed the subtitle. The OP itself says fiance a couple of times. I assume husband was a typo - kinda dangerous in immigration matters

LOL! Nobody is perfect...

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OP - I hope you get the right answer on how and what to do to overcome this situation. I wish you Goodluck!

[Gary and Alla 3,694]

I have a few questions I have filed for my fiance and recieved my noa and now our 5 months is up and now they are requesting evidence due to when i filed me and my fiance had not seen each other for over two years and now they want to know why well i have good reason , however i just came back from visiting him but it was after i filed.

I have medical reasons and am getting proof from all my doctors can anyone give me any advice on what i can do and if they deny us how do i appeal the action or will i have to refile again and i also would like to add we have a daughter together who will be 6 years old this coming year. I am at my wits end and very confused.

I would like to also add i am on disability but have a sponsor i am working as an independent avon rep and some hours at a macys store but that is hard on me and i would like to leave the position but scared if i do that will they count that against me. I really need advice any and all will help

Thank YOu

You will be denied. You will have to visit him and re-file. Appealling will take longer and cost more.

You do not have to visit HIM he can visit YOU, it does not matter where you meet but you MUST meet.

Since you cannot meet the RFE you have two choices...go with that you have, wait several more weeks and then be denied OR as a repsonse to the RFE withdraw this petition, make plans to meet each other as soon as possible and start a new petition.