I129f denied:(

[GaryBig 6]

Thank you all for your support!

As for RFE , they asked about prove that we met each other during past 2 years.

When filing, I sent them copy of my work contract in her home country , train tickets from her home country for both of us, photos of us together and that's all.

In RFE they asked about passport stamps, boarding passes, itineraries to prove that I actually been there.

The problem is - when I entered her country I never kept any boarding passes, simply because I didn't know I would fall in love with someone and file for K1:)

So I sent them some itineraries that I had.

As for passport stamp- there was another problem.

I was born in her home country and still have their passport along with American one.

So when entering her home country, I used not an American passport.

So there was no passport and visa stamps.

Of course I sent copy of both passports, explaining the stamps in both, but I guess they just didn't get it.

Also we sent more pictures, letter from my father and boarding passes from our trip to Europe (but unfortunately it happened after we filed the petition).

So now I am choosing between marrying her right now and here and aos , and marrying her and file for cr1......

[GaryBig 6]

By the way, she's been here for almost 4 months already.

[NicholasNissel 2]

Can you also write why you got denied?The USCIS letter description of denial?So that everybody would see and know how to advice you in your situation.Thanks.

[GaryBig 6]

Can you also write why you got denied?The USCIS letter description of denial?So that everybody would see and know how to advice you in your situation.Thanks.

We haven't received the hard copy yet, yesterday got the email and site message.

[NicholasNissel 2]

I see okay.In my point of view and also from all the data I found about your case.It is possible to have more trouble if you marry her in the USA before applying another visa application because she entered in the USA using the tourist visa while you are waiting for the result.So I think just to be safe and avoid more time delays it's best to Marry her in her country and then apply for a Cr-1..I hope everything goes well with your next attempt.

Have a nice day:)

[GaryBig 6]

I see okay.In my point of view and also from all the data I found about your case.It is possible to have more trouble if you marry her in the USA before applying another visa application because she entered in the USA using the tourist visa while you are waiting for the result.So I think just to be safe and avoid more time delays it's best to Marry her in her country and then apply for a Cr-1..I hope everything goes well with your next attempt.

Have a nice day:)

Thank you!

You too have a nice day!

By the way, do you know- if I marry her now and file for aos , but lets say they deny it.

Can she still go back to her home country and can we file for cr1 visa after that ?

[evelyn1140 18]

Thank you!

She was planning to leave , but then we received an RFE, and she decided to stay a bit longer, and wait for our approval after RFE together.

And then... Denial.

Don't do it, it is better for her to go back to her country and then you marry her. They will denied the CR1. Also I hope she does stay longer here because they will ban her.

Yes you can marry her and then file for the CR1 but in her country

Edited July 10, 2013 by evelyn1140

[sus 70]

There is no reason you can't marry while she is here - You can marry and file for a spousal visa - just make sure she goes back to her country under the tourist visa within the applicable time and does not get an overstay. You don't have to wait until you can travel to her country to marry. Where it might look suspicious is if you file an adjustment of status and have her stay until its processed - But no need to delay any longer - if you want to get married, get married -

I think the first steps would be to call your senator and have them make some inquiries on your behalf - What did you send as proof of having seen each other in person?

[scienceworks 64]

Thank you all for your support!

As for RFE , they asked about prove that we met each other during past 2 years.

When filing, I sent them copy of my work contract in her home country , train tickets from her home country for both of us, photos of us together and that's all.

In RFE they asked about passport stamps, boarding passes, itineraries to prove that I actually been there.

The problem is - when I entered her country I never kept any boarding passes, simply because I didn't know I would fall in love with someone and file for K1:)

So I sent them some itineraries that I had.

As for passport stamp- there was another problem.

I was born in her home country and still have their passport along with American one.

So when entering her home country, I used not an American passport.

So there was no passport and visa stamps.

Of course I sent copy of both passports, explaining the stamps in both, but I guess they just didn't get it.

Also we sent more pictures, letter from my father and boarding passes from our trip to Europe (but unfortunately it happened after we filed the petition).

So now I am choosing between marrying her right now and here and aos , and marrying her and file for cr1......

On a (un)related note: holding a valid foreign passport along with US one might not be kosher for US authorities as well as your native country.

[islandgal 74]

Doesn't sound like she intented to stay upon entry, unless you planned for her to be around right around the time you responded to the RFE and planned on AOS being plan B..... You can marry her and she returns home to await the I130 approval process OR marry her and file AOS.

[DirtyHarry 5]

What country is your fiancee from>?

[VanessaTony 3,567]

On a (un)related note: holding a valid foreign passport along with US one might not be kosher for US authorities as well as your native country.

No it's not a problem for the US "authorities". While the US doesn't recognise dual/multi nationality (as in to them you are a USC and nothing else) they do not forbid it, nor is it illegal.

If all goes according to plan, I hope to naturalise in August (interview is next week). I will be a tri-national: British Australian American. Neither Australia, the UK or the US makes me give up my other citizenships.

You are correct though that people should check their other countries before naturalising.

[stevie b 141]

Don't do it, it is better for her to go back to her country and then you marry her. They will denied the CR1. Also I hope she does stay longer here because they will ban her.

Yes you can marry her and then file for the CR1 but in her country

it is absolutely not a guaranteed denial

it is more the opposite.. better chances for approval than denial

[christeen 966]

I say marry and file for AOS... The "loophole" in the law fits this case perfectly... As i understand it, She entered on a visa (not VWP) with full intent on returning to her country to finish the k1 process... While here, you received the denial.... Hence, you have spontaneously decided to get married because the k1 process has proven to be untenable... There is nothing illegal about it and there is no fraud since she entered With no intent to stay but circumstances changed and thus, your plans have changed. Perfectly acceptable IMHO ...

If given the same set of circumstances, I would probably do the same thing without fear... Those that tell you that it is fraud... Well I would say that in this case (versus most others seen here on VJ when they are asking about AOS) it is appropriate and you Shou,d be fine.

Plus, since she is here on B2 NOT VWP there is right to appeal. Don't let everyone scare you... Do what works best for you, but in this situation you have the truth on your side...

[Bugs 455]

Wow, I guess passport stamps and boarding passes really are the golden standards to proving meet ups. If you don't have either, good luck lol.