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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Just need you guys opinion:

According to the USCIS examiner: Your children's birth certificates and photo prove that you and your fiancee have met,. however they do not provide evidence that you have met in person within the required 2 year period from date of filing the petition. Therefore more evidence are needed

From USCIS: Submit evidence that you and your fiancee have met each other in person at some time during the two year period from 1/10/2010 until 1/10/2012, the filing date of your petition.

This is what I don't understand, does it have to be exact two year (from date of petition filing) so we can qualify?

Isn't it the reason why USCIS requires the two year period is because they want to weed out fake relationship and sham marriage.

I met my fiancee way back 2004. We have a child on 2005 then another on 2009 so all in all we have 2 kids. I periodically fly to manila maybe 3-4 times/year to be with them.

I would think our case would weigh more because we are more than two years and we have kids!

Please enlighten me :wacko:

Filed: Citizen (pnd) Country: Wales
Timeline
Posted

Do you have passport stamps from the visits you've made? I encluded all my passport stamps when I submitted my petition.

View my K1 -> ROC Timeline

*Filed I-129F - 21st October 2011* *Applied for SSN - 8th June 2012* *Filed I-751 (arrived) - 26th March 2015

*NOA1 - 28th October 2011* *Filed for AOS, EAD & AP - 26th June 2012* * Check cashed - 30th March 2015
*NOA2 (no RFE) - 26th January 2012* *AOS, EAD, & AP arrive at Chicago Lockbox - 28th June 2012* NOA1 - 26th March 2015 (arrived 3/4/15)

*Packet 3 sent - 27th February 2012* *Email notification of receipt - 3rd July 2012* *No biometrics letter - Service Request submitted 5/4/15
*Medical - February 28th 2012* *Check cashed - 7th July 2012* *Still no biometrics letter - 2nd Service Request submitted - 8/6/15
*Packet 4 received - 17th March 2012* *NOA1 for AOS, EAD & AP - 9th July 2012* *Biometrics in Aurora, CO - 8th July 2015*
*Interview in London - 5th April 2012. APPROVED!!!* *Biometrics in Philadelphia (Drummond Road)- 7th August 2012*
*POE Newark, NJ - 16th May 2012 *Biometrics walk in at Philadelphia (Drummond Rd) - 25th July 2012*
*K1 process took 160 days* *Case Transfered to California Service Centre - 26th July 2012*
*SSN DENIED! - 17th August. 10 weeks after I applied!!*

*EAD/AP Approved - 28th August 2012* 59 days
*Married! - 1st June 2012* *EAD/AP card in hand - 1st September 2012*
*EAD/AP card in hand - 1st September 2012*
* Re-applied for SSN - 14th September 2012*
*Put in service request at 8mo/3days wait - 19th March 2013*

* AOS Approved!!! - 1st May 2013* Exactly 10 months after applying.

*Green card in hand - 6th May 2013


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Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

You are required to prove that you have seen your fiancee, IN PERSON, sometime in the last 2 years. You said you go 3-4 times a year so I would assume you have a lot of ticket stubs and passport stamps and photos together proving that you've seen here at any stage in the 2 years prior to filing the petition. it doesn't mean you've been together for 2 years, just that you met, in person, at some time in the last 2 years before filing.

Edited by Vanessa&Tony
Filed: K-1 Visa Country: Philippines
Timeline
Posted

Actually I did include the tickets, photo and stuff its just not within the specified 2 years. I would think the "2 years" was the minimum requirements to show that the relationship is bonafide. So I thought sending earlier evidences would be more preferred. I guess I was wrong. Anyway will be sending as they required.

Let's put it this way: They need evidence (passport stamps, boarding passes, dated pictures) that u and ur fiance/e have met recently.

How did you request expedite processing?

Can you send RFE online?

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

it means you have to provide a proof that you and your fiance met within 2 years, so the last time you were together was 2009 right? and you filed this year so it means you went over 2 years. i am sorry to say this but the petition will be denied. uscis requires that the beneficiary and the petitioner must meet within 2 years before filing, maybe you both were thinking that relationship must be 2 years old but that's not it, even your relationship is just 3 months but you already met in person it is ok to file, but even your relationship is 10 years but the last time you saw him/her in person was over 2 years ago and you file it will only be denied.

Edited by hcdt
Filed: K-1 Visa Country: New Zealand
Timeline
Posted

Actually I did include the tickets, photo and stuff its just not within the specified 2 years. I would think the "2 years" was the minimum requirements to show that the relationship is bonafide. So I thought sending earlier evidences would be more preferred. I guess I was wrong. Anyway will be sending as they required.

How did you request expedite processing?

Can you send RFE online?

I think you may have misinterpreted what they are asking for... They need evidence that you have been together/met/visited within the 2 years prior to your petitioning. I think what you are saying is that you have sent evidence older than 2 years, thinking that it shows your relationship has been for much longer than that 2 years (and therefore more solid), and not sent anything from within the 2 years prior to petitioning. What in fact they need is evidence of having been together within the past 2 years. Since you visit them 3 or 4 times a year, I'm sure you have evidence of those meetings with boarding passes, passport stamps, etc.

If you reply to the RFE by sending this information (proof of seeing each other within the past 2 years)... it is often only a matter of a few weeks before they are able to approve your petition. Best idea is to send that information as soon as you can and it need not delay the approval too long.

Mar 2011 - After 5mths denied for lost docs - Attempts to follow up failed. Mar 18 2012 - I-129F sent - No sign of NOA1 but they have banked the check...Jul 24 - Update - USCIS has located our file
Infopass Apt - they sorted through everything - our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting) Dec- Infopass Appt- expecting to get a case # in about a week ..Still no Case number

Mar 2013 Infopass - advised file was in a box somewhere,and it would be quicker for us to refile. Life gets in the way... New petition submitted July 2014 .
I-129F Sent : Jul 28 2014
TSC received: Aug 04 2014
I-129F NOA1 : Aug 06 2014
I-129F NOA2 : Feb 25 2015 (NOA2 copy rcd: Mar 02)

Sent to NVC: Mar 09 / Left NVC Apr 1 / Arr Embassy Apr 7 / Pkt 3 Rcd Apr 15 / Medical Apr 17 / Pkt 3 sent May 1 / Interview May 12

Left NZ May 15

Married Aug 10

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

it means you have to provide a proof that you and your fiance met within 2 years, so the last time you were together was 2009 right? and you filed this year so it means you went over 2 years. i am sorry to say this but the petition will be denied. uscis requires that the beneficiary and the petitioner must meet within 2 years before filing, maybe you both were thinking that relationship must be 2 years old but that's not it, even your relationship is just 3 months but you already met in person it is ok to file, but even your relationship is 10 years but the last time you saw him/her in person was over 2 years ago and you file it will only be denied.

the OP said they had a child in 2009, not that they haven't seen each other since then. Please don't scare the OP into thinking they will be denied. They merely just need to send evidence that they have met after january of 2010 which they have and will send to USCIS.


Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Well on a good note you at least have the evidence. So please do as advised and get those stamped Visa's and boarding passes heck everything for the last 2 years into USCIS quickly.

How did you request expedite processing? You will need to call USCIS and request an expedite. They will more than likely ask you to send in evidence to back your claim for an expedite. That you can Fax to them. They will send you an email of what they decide and you do as the email requests. <br style="color: rgb(28, 40, 55); font-size: 13px; line-height: 19px; background-color: rgb(250, 251, 253); "><br style="color: rgb(28, 40, 55); font-size: 13px; line-height: 19px; background-color: rgb(250, 251, 253); ">Can you send RFE online? Nope. You have to mail ASAP. I think you have 30 days from notice.

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Filed: K-1 Visa Country: Philippines
Timeline
Posted

the OP said they had a child in 2009, not that they haven't seen each other since then. Please don't scare the OP into thinking they will be denied. They merely just need to send evidence that they have met after january of 2010 which they have and will send to USCIS.

yes i read it i am not scaring the OP all i am saying is the truth, did you also read that the last time they were together was 2009? and and they filed k1 just this year? i can see it on her timeline their they filed January this year, so if he was here last 2009 then filed this year so it is almost 3 years right? read this thread it is almost at what the OP's problem http://www.visajourney.com/forums/topic/374384-cannot-produce-photo-for-rfe-what-to-do-please-help-needed-asap/page__p__5475471__fromsearch__1#entry5475471

Filed: K-1 Visa Country: Philippines
Timeline
Posted

OP when did you last see your fiance IN PERSON?

I-129F Sent : 2012 Feb 29

I-129F NOA1 : 2012 Mar 06

I-129F NOA2 : 2012 July 09

NVC case number: 2012 July 24

NVC notice received: 2012 July 30

Medical Exam : 2012 Aug 13-14.. PASSED :)

INTERVIEW : 2012 Sept 13.. PASSED!!!! THANK YOU SO MUCH, LORD!

VISA DELIVERED: 2012 Sept 19

AOS

sent - dec 7,2012

noa1 - dec10,2012

bio - jan 7,2013

ead approved - feb 1, 2013

ead on hand -

*** TO GOD BE THE GLORY ***

Posted

yes i read it i am not scaring the OP all i am saying is the truth, did you also read that the last time they were together was 2009? and and they filed k1 just this year? i can see it on her timeline their they filed January this year, so if he was here last 2009 then filed this year so it is almost 3 years right? read this thread it is almost at what the OP's problem http://www.visajourney.com/forums/topic/374384-cannot-produce-photo-for-rfe-what-to-do-please-help-needed-asap/page__p__5475471__fromsearch__1#entry5475471

The OP said they had a child in 2009 and visits 2-3 times per year. Where does it say the OP hasn't been with their fiancee since 2009?

In everyone's life, at some time, our inner fire goes out. It is then burst into flame by an encounter with another human being. We should all be thankful for those people who rekindle the inner spirit.
~~Albert Schweitzer

8lrSm4.png
Meg and Alan

Initially filed for K1 visa - Feb 23 2012

Due to circumstances beyond our control, we've abandoned this application

We married on Aug 24, 2013 in a small ceremony in MA

We'll be applying for a CR1 / IR1 visa as soon as we are able

Watch this space for updates!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

The OP said they had a child in 2009 and visits 2-3 times per year. Where does it say the OP hasn't been with their fiancee since 2009?

if that so then why uscis ask for evidence from 2010 to 2012? he didn't say he visited then 3 to 4 times a year after 2009 right?

Filed: K-1 Visa Country: Philippines
Timeline
Posted

The OP said they had a child in 2009 and visits 2-3 times per year. Where does it say the OP hasn't been with their fiancee since 2009?

I met my fiancee way back 2004. We have a child on 2005 then another on 2009 so all in all we have 2 kids. I periodically fly to manila maybe 3-4 times/year to be with them.

I would think our case would weigh more because we are more than two years and we have kids!

there he didn't say he visited them 3 to 4 times a year after , what we want to know here is when was the last time he visited here if he visited last 2009 and nothing more then i will stand with my previous answer, but if he visited them in 2010 till 2012 then that's another story.

 
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