Its been over 2 years

[Ebunoluwa 6,136]

A couple months ago I visited India for medical purposes since I dont have insurance here and was cheaper in India. I had a herniated disc and went through some mental issues, and I have documentation for that. Would this be a good enough reason for us not seeing each within the last two years? or what would be an acceptable reason?

No. That is definitely not a good enough reason. The "lady" you spoke to whoever she is gave you very wrong advice. Listen to the members here.

If the lady is a lawyer or an immigration officer, she is still very wrong. Go and see him and that is your only option. This is a long journey

as it is and a complicated one. Besides fulfilling this initial requirement it would be wise to then go a second time before the interview. They often won't take you serious with a long time gap of not spending time together and the relationship will not appear to be bona fide. The burden of proof is with you and your husband to convince them by spending time together and having plenty of proof to show as evidence. No loop holes, no way around it.

[Cathi 5,777]

It absolutely 100% matters

[Shiobhan 235]

Do U still wanna marry her? then prove it to yourself , her & USCIS, you have to meet face to fave within two years period, and U have to have prof of

relationship not just a few messages, your medical issue is not a good excuse.

[baron555 934]

Hi, I want to file a k1 visa. I live in the US and the last time i've seen my fiance has been june 2010, which is 2 years and 3 months ago. I know that it is required for it to be within the last 2 years and im now starting to worry as i should have filed it earlier. Would I still be able to file a petition? Does it matter? Has anyone been in a similar situation? Should i hire a lawyer? any help would be appreciated for some peace of mind thanks

No, you must re-visit and then file.

[aws&ndd 103]

I just spoke on the phone with a lady that told me its not a problem, as long as I have the intention of getting married once I bring my fiance to the US. She said all I need is records of us still keeping touch in my case messaging. is this still a problem? because i was planning on going there next summer and bringing my fiance back with me after all the paper work is finished.

Not everyone you talk to will tell you the right thing--INCLUDING lawyers!!! The point of the fact is, this is YOUR case and if you screw up on it you pay the consequences--not the lady you talked to nor any lawyer that you may try to get.

[missphilly 1]

Hi, I want to file a k1 visa. I live in the US and the last time i've seen my fiance has been june 2010, which is 2 years and 3 months ago. I know that it is required for it to be within the last 2 years and im now starting to worry as i should have filed it earlier. Would I still be able to file a petition? Does it matter? Has anyone been in a similar situation? Should i hire a lawyer? any help would be appreciated for some peace of mind thanks

I think even though your not 2 years yet you can file K1 already....

[VanessaTony 3,567]

I think even though your not 2 years yet you can file K1 already....

You think wrong. It's one of the main requirements. Please read the K1 instructions. i appreciate you were trying to help but misinformation can do damage.

[Love's JAA 100]

Yes, it must be within two years of the filing date. The other thing is, when it comes to the visa application it will look a whole lot better in proving your relationship that you were actually together recently. I mean, even if the petition got approved without another visit (which it wouldn't), when the CO sees that you haven't seen each other in over two years (pushing three years when he actually gets the file) he/she will be very skeptical I would imagine.

[-=Mai and Timmy=- 12]

how about to take a time to visit her again and make more proofs so sad that u guys didnt know or decided to filed earlier

[sn530 27]

Like everyone else has told you . Maybe you can file since it takes 5 months to process in the mean time go see her wait for them to send you a Rfe for not having met then send them proof you did meet. Make sure you take pictures with familyand friends also if you are attending school they tend to be a little leaniant with that in mind . Also if you are working makes it a little bit more difficult.But once again you would be changing getting a denial and having to refile. ..... its up to you what you want to do.... but this did work for my cousin.

[Mike and Lily 13]

Besides, isn't meeting with your fiance more fun than meeting with a lawyer? Two years is a long time for both of you I think. It's the smart thing to do.

[bigdog 376]

Or go visit get married and file as married that way she arrives with a green card and it is cheaper.

[Operator 1,927]

Like everyone else has told you . Maybe you can file since it takes 5 months to process in the mean time go see her wait for them to send you a Rfe for not having met then send them proof you did meet. Make sure you take pictures with familyand friends also if you are attending school they tend to be a little leaniant with that in mind . Also if you are working makes it a little bit more difficult.But once again you would be changing getting a denial and having to refile. ..... its up to you what you want to do.... but this did work for my cousin.

I think this is extremely risky advice.

The OP would be filing a petition that they are not qualified to file. Page 4 of the instructions for the I-129F are pretty clear as to who may file. If the OP answers no on question 18 and then provides a reason for not meeting that doesn't satisfy the requirement I would think the petition would be out right rejected thereby losing both time and money.

What were your cousin's circumstances?

[sarsorti 36]

A couple months ago I visited India for medical purposes since I dont have insurance here and was cheaper in India. I had a herniated disc and went through some mental issues, and I have documentation for that. Would this be a good enough reason for us not seeing each within the last two years? or what would be an acceptable reason?

They will say if you can travel to India then you can travel to your fiance, also your fiance can apply for a 160b visitor visa. I wouldn't volunteer too much information, especially along the lines of mental problems. Even though we are human and have issues they could use it against you somehow. Personally I don't think I could bear a 2 year separation, I would have to find a way to be together way before then. We have not seen each other in person for 4 months and we feel desperate, as we are only 2 months into the k1 process, but we have already applied for a 160b visitor visa and if they won't give him one I will be on the next flight out. Trust me when I tell you our funds are not unlimited, however where there is a will there is a way. And everyone here is right the money you spend on an attorney for something you can do yourself is the money you can use to travel. Also USCIS can and will give misinformation, whether intentionally or not I don't know but what comes easy to them can be confusing to the average layperson. Good Luck to you.

Edited September 29, 2012 by sarsorti

[aaron2020 11,651]

Like everyone else has told you . Maybe you can file since it takes 5 months to process in the mean time go see her wait for them to send you a Rfe for not having met then send them proof you did meet. Make sure you take pictures with familyand friends also if you are attending school they tend to be a little leaniant with that in mind . Also if you are working makes it a little bit more difficult.But once again you would be changing getting a denial and having to refile. ..... its up to you what you want to do.... but this did work for my cousin.

This will not work for everyone who tries it. Others have tried it and have been unsuccessful. You cannot file without meeting the 2 years meeting requirement and try to meet it later.

The petitioner MUST have met face to face within 2 years PRIOR to filing. The 2 years meeting requirement MUST be met PRIOR to filing.

Please read the instructions for Form I-129f.

Edited September 29, 2012 by aaron2020