RFE

[Gary and Alla 3,694]

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

Of course you can. Then wait a few weeks or months and be denied. Then start over after visiting each other.

Has your fiance even applied for a tourist visa? Has there been any effort to meet each other? Being inconvenient is not an excuse. You rsituation may be a reason for them to issue your fiance a tourist visa so he can come here, it is not a reason to receive a waiver from the requirement to meet.

Do what you like but if you want the fastest, cheapest easiest route, then withdraw this petition, get together with your fiance one way or another and re-file.

[Rujby 23]

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.

Greetings,

Did u request for an expedite. I see your case went fast

[az110965 252]

Greetings,

Did u request for an expedite. I see your case went fast

Nope,

No expedite for me. I did't have the basis to file for one so I just took my place in line and waited like everyone else.

[newlyweds2010 208]

May I ask one thing out of curiosity? Please don't get me wrong, I am not judgmental: how can people even think of filing a petition for a fiance they have never met in person? Aside from the immigration rules issue, but really, shouldn't it be a common sense requirement to meet at least a few times?

[cdneh 3,112]

May I ask one thing out of curiosity? Please don't get me wrong, I am not judgmental: how can people even think of filing a petition for a fiance they have never met in person? Aside from the immigration rules issue, but really, shouldn't it be a common sense requirement to meet at least a few times?

But they had met. They just hadn't met within the 2 year window. They met longer ago than 2 years. The OP states that they have a 6 year old child together.

Edited November 20, 2011 by cdneh

[VanessaTony 3,567]

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.

Why do they need to see each other again? She just got back from visiting so there's no need to visit again and can file based on that visit.

Of course you can. Then wait a few weeks or months and be denied. Then start over after visiting each other.

Has your fiance even applied for a tourist visa? Has there been any effort to meet each other? Being inconvenient is not an excuse. You rsituation may be a reason for them to issue your fiance a tourist visa so he can come here, it is not a reason to receive a waiver from the requirement to meet.

Do what you like but if you want the fastest, cheapest easiest route, then withdraw this petition, get together with your fiance one way or another and re-file.

Again, they JUST saw each other. There's no need to see each other again before refiling because it JUST happened.

May I ask one thing out of curiosity? Please don't get me wrong, I am not judgmental: how can people even think of filing a petition for a fiance they have never met in person? Aside from the immigration rules issue, but really, shouldn't it be a common sense requirement to meet at least a few times?

As said, they have a child together. They have met in person and she JUST got back from a recent visit.

[KayDeeCee 4,893]

Like so many others have said, you have a child together, and you just went to visit him. Your waiver will be denied. You can wait for the denial and delay the visa even longer, or withdrawal this petition and then file a new one based on providing proof of the visit you just had with him. You will still have to start over and add more time, but it will be faster than waiting for the denial and then filing over again.

[Jelly2011 1]

First of all I am severely disabled. I have a motor neuron disorder similar to PLS and ALS. We have an infant daughter and when I requested they expedite my petition it was granted within 24 hours. I had my NOA2 before I received word they approved my expedite and just so you know they don't give expedites in most cases. This should give you an idea how severe my disability is and the impact it has on myself and our family. I last saw my fiance in July and before that in Oct. I can't travel with our daughter there is no way. So he came to me. We haven't seen each other in 4months and he is waiting for his papers to reach the Embassy so they can mail out his visa. We are three weeks away from seeing each other and we are struggling with the four months apart. Not that we can't handle it we simply rather be together. To be able to be apart for two years well that for me just would not work. I think it raises some serious questions and your not following the rules. With a medical condition it would seem crucial to sort the documentation as soon as possible in order to have the help he can provide as a family caregiver. Disabled or not the rules are the same and you have to present and jump through those hoops the same as anyone else. You may not be able to travel but he can. I realize that South Africa is not a visa waiver country and prevents him from coming for visits. At the same token it is a high risk fraud country and the fact that your papers were not completed in two years time well it doesn't help your case. You had two years to complete the paperwork and it is very clear you must meet in person within a 2 year period. Either your really good at sabotaging what you want or your not being truthful. Excuses will not get you where you want to be and you will have to start over in order to meet the criteria everyone else is held to. I am sorry if that is not what you want to hear but I won't be doing you any favors encouraging you to hide behind a disability. There are things you could have done way before now. So begin again and this time follow the rules.

[Gary and Alla 3,694]

Why do they need to see each other again? She just got back from visiting so there's no need to visit again and can file based on that visit.

Again, they JUST saw each other. There's no need to see each other again before refiling because it JUST happened.

As said, they have a child together. They have met in person and she JUST got back from a recent visit.

OK sure, the recent visit could be used, sorry. You will still need to re-file using the recent visit as evidence you have met within two years. Yes, it also nullifies any waiver for hardship when obviously you COULD visit (I did not focus on that in other's posts)

[mammalooking43 0]

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

Hi just wanted to let you know we did get approved due to hardship waiver there is a God!!

[mammalooking43 0]

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.

Just wanted to let you know that we got approved even thou we hadnt seen each other prior to filing in the two year period, but we did see each other after and there were other reasons that we could not meet. But wanted to let y ou know God is With us.

[mammalooking43 0]

OK sure, the recent visit could be used, sorry. You will still need to re-file using the recent visit as evidence you have met within two years. Yes, it also nullifies any waiver for hardship when obviously you COULD visit (I did not focus on that in other's posts)

thank you we got approved got bless

[mammalooking43 0]

First of all I am severely disabled. I have a motor neuron disorder similar to PLS and ALS. We have an infant daughter and when I requested they expedite my petition it was granted within 24 hours. I had my NOA2 before I received word they approved my expedite and just so you know they don't give expedites in most cases. This should give you an idea how severe my disability is and the impact it has on myself and our family. I last saw my fiance in July and before that in Oct. I can't travel with our daughter there is no way. So he came to me. We haven't seen each other in 4months and he is waiting for his papers to reach the Embassy so they can mail out his visa. We are three weeks away from seeing each other and we are struggling with the four months apart. Not that we can't handle it we simply rather be together. To be able to be apart for two years well that for me just would not work. I think it raises some serious questions and your not following the rules. With a medical condition it would seem crucial to sort the documentation as soon as possible in order to have the help he can provide as a family caregiver. Disabled or not the rules are the same and you have to present and jump through those hoops the same as anyone else. You may not be able to travel but he can. I realize that South Africa is not a visa waiver country and prevents him from coming for visits. At the same token it is a high risk fraud country and the fact that your papers were not completed in two years time well it doesn't help your case. You had two years to complete the paperwork and it is very clear you must meet in person within a 2 year period. Either your really good at sabotaging what you want or your not being truthful. Excuses will not get you where you want to be and you will have to start over in order to meet the criteria everyone else is held to. I am sorry if that is not what you want to hear but I won't be doing you any favors encouraging you to hide behind a disability. There are things you could have done way before now. So begin again and this time follow the rules.

thank you sorry for late response we did get approved and thanks again for your adivise. god is with us

[mammalooking43 0]

Hi wanted to let you know God was on our side we got approved today now interview, so happy have a great holiday.

[VanessaTony 3,567]

Just wanted to let you know that we got approved even thou we hadnt seen each other prior to filing in the two year period, but we did see each other after and there were other reasons that we could not meet. But wanted to let y ou know God is With us.

Congratulations but we can't explain WHY you were approved because you won't explain what your hardship was/is. So while I'm happy for you, we can't use this as an example of people getting approved because we don't know WHY. Everything you said leaned toward you shouldn't have been approved, and instead forced to refile based on meeting after filing, so you being approved just appears to be an anomaly or mistake. Time will tell.