cannot produce photo for RFE, WHAT TO DO?? PLEASE HELP! NEEDED ASAP!

[lufthgiled 6]

Anyone here? Encountered this kind of situation?

Hi we got RFE last June 20 and got the hardcopy today. It says we have to submit photos from certain year January 2010 to January 2012. But the problem is WE DON'T HAVE! My fiance went here in the Philippines for 3weeks vacation last OCT.2009 and then he flew back to US. We just chat, talk, sending emails since then.

Please advice us in a most possible and positive way to avoid denial of the petition. We are so worried to death and stress strike back again after my concern in k2.

Please help us to solve this please!?

Edited June 23, 2012 by lufthgiled

[hcfrey 6]

sis that is what i was telling you before, you have to be together within 2 years. you file 2012 and the last time he was here is 2009.

[canadian_wife 1,822]

Have you met the requirement of meeting within the last 2 years? Meaning, did he come back to PI after 2009?

If not, then you will be denied

Good luck

[LeftCoastLady 441]

Anyone here? Encountered this kind of situation?

Hi we got RFE last June 20 and got the hardcopy today. It says we have to submit photos from certain year January 2010 to January 2012. But the problem is WE DON'T HAVE! My fiance went here in the Philippines for 3weeks vacation last OCT.2009 and then he flew back to US. We just chat, talk, sending emails since then.

Please advice us in a most possible and positive way to avoid denial of the petition. We are so worried to death and stress strike back again after my concern in k2.

Please help us to solve this please!?

The key requirement for the petition is providing proof that you've met within two years of filing the petition. If the last visit was in 2009, then that's outside the timeframe. Unfortunately, because you can't produce that proof, the best option would be for your fiancé to withdraw his petition, plan on visiting you (or you visiting him), and then refiling once you have definite proof of meeting within the two year timeframe.

[Cathi 5,748]

If you have not seen him in person since 2009 the petition will be denied. One of the provisions of an 129f/ k 1 visa is that you must have seen each other in person within the last 2 years, there is no getting around it

[KayDeeCee 4,893]

Anyone here? Encountered this kind of situation?

Hi we got RFE last June 20 and got the hardcopy today. It says we have to submit photos from certain year January 2010 to January 2012. But the problem is WE DON'T HAVE! My fiance went here in the Philippines for 3weeks vacation last OCT.2009 and then he flew back to US. We just chat, talk, sending emails since then.

Please advice us in a most possible and positive way to avoid denial of the petition. We are so worried to death and stress strike back again after my concern in k2.

Please help us to solve this please!?

You must be free to marry and intend to marry within 90 days of entering the US with a K-1 visa. You must have met in person within 2 years before filing the petition. Those are the main requirements, listed very clearly on Page 1 of the I-129F instructions. Your current petition cannot be approved since you do not meet the requirements.

Withdraw the petition. Have another visit together in person. Take photos. Save boarding passes and receipts. Refile based on that visit.

[Bobbie12 0]

Uscis doesn't take into account video chatting when it comes to seeing each other. If you have not seen each other within the 2 years prior applying, you will most likely be denied unless you can provide documention proving that you REALLY couldn't meet each other because it was an extreme hardship or meeting each other would violate some customs. I actually got denied because they didn't accept the evidence I submitted to establish why I couldn't comply but I wish you good luck.

Edited June 23, 2012 by Bobbie12

[lufthgiled 6]

I am so sad

[Mogambi 96]

Why hasn't he been back for over three years?

I'm sorry that you're sad. But it's a shame that your fiance didn't read the rules. If so, he could have made a trip there, even for a week, before filing. Now maybe your only option is to withdraw the petition and start over, AFTER he comes to visit you. And make sure you document it well, boarding passes, photos, etc.

If you've already been away from him for three years, you might have to wait some more, but have faith. If it's real love, you can survive a bit longer to be together.

But no way around it, he needs to return to the Philippines.

[lufthgiled 6]

what's the best way

1. withdraw the petition

or

2. try to make a waiver

If we withdraw or if they will deny us is there a time limit when should we file again? (assuming we complete all the req docu including the 2yrs met)

[Penguin_ie 5,993]

Don't file a waiver- it is costly, takes time and you will be denied. Withdraw the petition, have him fly to meet you, file again the next day.

[lufthgiled 6]

if we withdraw it how? what do we have to submit in withdrawing the petition?

and if we refile again does the waiting period for noa2 will be 5mos again?

[LeftCoastLady 441]

if we withdraw it how? what do we have to submit in withdrawing the petition?

and if we refile again does the waiting period for noa2 will be 5mos again?

Your fiancé would need to contact USCIS with the case number (found on the NOA1 document) and ask them to withdraw the petition. He should do this via phone and following up with a formal letter.

When you refile, you're starting back at step 1, so the usual petition timeframe would apply.

[canadian_wife 1,822]

I am sorry for your situation, but this is clearly explained in the I129F instructions. You never qualified for your I129F

If you refile, you begin from step 1 again.

Have your fiance contact USCIS, or you can ignore the RFE and USCIS will deny the petition

Good luck

[lufthgiled 6]

someone told me to ask my fiance to call uscis and direct to tier2 (person inside the uscis not the csr)

and tell everything or ask and inquire what should we do if continue or to withdraw.

another question is: if we let this denied and plan to re-file again, the re-file petition will not meet problems bcoz of past k1 filing denied?

and I also read some attorney offer help for waivers does this will help?

just wanna know..