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Posted (edited)

Shauneg it's ok the very first one in the list pertains to this issue.

OP I suggest you read the first example http://www.uscis.gov/sites/default/files/err/D6%20-%20Fiancees%20and%20Fiances%20of%20U.S.%20Citizen%20(K-1)/Decisions_Issued_in_2015/JAN132015_01D6101.pdfit is in appeal that person sent evidence of having met after sending in the petition, it was denied, they then appealed with more information showing more evidence of them meeting and the appeal was denied.

Actually the above couple in the report made it worse by having what looked like a wedding at their first meeting and now the uscis are questioning if they are considered married in beneficiary country or culture.

I know the situation you have found yourself in sucks and sometimes people's advice on message boards comes across as nagging or berating but text is a really poor way of communicating emotional intent and the intent behind all the messages is to help you learn how to deal with the chaos that is U.S. immigration and help you prepare emotionally for the denial. We would not want you to get responses telling that all will be well and then you get denied without thinking a denial could be a possibility.

Edited by Illiria

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

You may get an RFE about proving that you have met. Depending on the reply by date you could have an opportunity to send in your evidence then. Whether it will be accepted or not no one can say with certainty as the petition was filed prior to meeting in person.

The worst that can happen is denial and then you reapply and pay the fee again.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

I was going to link those appeals when I got home today to show many have tried to meet after filing but before being reviewed...evidence was sent in but petition denied, appeal denied. Have to have met before getting what we call NOA1. So regardless if the evidence catches up it won't matter. Can you link those here so that all can see? I'm on my phone and at work...not optimal for me right now.

Edited... here are all the appeals decided so far this year. Not all pertain to this but they are sprinkled in there. I can't pick through them on from my phone.

http://www.uscis.gov/laws/admin-decisions?topic_id=1&newdir=D6+-+Fiancees+and+Fiances+of+U.S.+Citizen+%28K-1%29%2FDecisions_Issued_in_2015/

The last month they have Administrative Decisions for is July. Of the 8 listed, half of them are for having not met before filing. The wording is such as the following:

The RFE issued by the director specifically requested the petitioner to provide statement that they have met in person and

containing details of the date and circumstances of their meeting. The photograph submitted by the

petitioner in response to our RFE shows that they met in December 2014, after the petition was filed.

However, as the petitioner is required to establish that he and the beneficiary met in the two years

preceding the filing of the petition, this evidence in insufficient to establish eligibility for the benefit

sought. Consequently, as the record is presently constituted, the petitioner has not satisfied section

214( d)( 1) of the Act, which requires him to demonstrate that he and the beneficiary have previously

met in person within 2 years before the date of filing the petition.

Conclusion

As the petitioner has failed to establish by a preponderance of the evidence that he and the beneficiary

have met in person during the requisite period, the appeal will be dismissed. In fiance( e) visa petition

proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought.

Section 214(d) of the Act, 8 U.S.C. § 1184(d); Here, that burden has not been met. As stated at

8 C.F.R. § 214.2(k)(2), the denial of this petition is without prejudice to the filing of a new petition.

ORDER: The appeal is dismissed. The petition remains denied.

Even couples who have met before filing have a hard time, and are often denied on K1's a in Nigeria.

I can explain it to you. But I can't understand it for you.

Posted (edited)

I think a reason that people come across a little harsh is because the process imo, is fairly simple unless complications are added by the couple. We also all have experience in this process. The site lays out how to do this perfectly, most people never have to seek any other help than the guides on this site and most people do not petition until they know they have EVERYTHING covered.


We understand you don't have the money, a lot of us don't either, hell I'm a single mother with a disabled child, but that's also why we make sure to cover our bases before sending out any kind of money to anything.



Your case is going to be hard, everyone here knows this. Nigeria is a high fraud country, and like the Cdneh said, people who even have met before generally get denied. There are people who have to petition two or three times before approval for countries like this. If anything, prepare to fork out a lot more money than the initial 340$ that you just lost.

Your BEST chance at approval is most likely seeing him more than once or spending a significant period of time with him. Meeting once just to fulfill the requirements may not be good enough for what ever officer you get looking at your stuff, they might want -more-. Even if that means just you seeing him once a year then filing on the third year. They're going to scrutinize everything about your relationship a lot more than we ever could.


There are people who have been doing this process for over six years and longer. Do what ever it takes if you truly want to marry him and be a family, if that means that ya'll put this off and you keep working until you can see him more often or vice versa then that just may have to happen. The process, ESPECIALLY for Nigeria, by no means is as simple as sending a check and filing some paperwork.


Also, you say you're tight on money, will you be able to sponsor him when it comes time to do all of that paperwork before his interview, have you already looked into a cosponsor? That'll be a whole other ball of rocks you'll need to deal with.


Again though, I'm sure we all wish you the best of luck. We're all going through this process too which is why most of us take this fairly personally and are in awe when people miss things we all consider cut and dry. If you have any questions or concerns make sure you ask before filling out or sending papers, follow the guide and read EVERYTHING. EVERYTHING is important, if it's a rule, it's a rule plain and simple. Do everything you're told and don't ever assume you're exempt from anything or that you can just back up and do something later.

Sorry if it sounds harsh, but again, you're going to have to refile, and the truth of it all is you could still get denied and refile -again-.



From all the posts you've posted, it just looks like you're trying to get him here asap even though you haven't met him. Your topics have been the times between K1 and K3 and how you think you should just go to his country and marry him (even though you've never met him). How to change your service center because TSC is slow. Most people will respond to this with a "PLEASE MEET HIM FIRST! PLEASE!". We see so many people here bring others over or come over themselves to a person that ends up being terrible because they only spent a whole week with them before getting hitched. Do not make that mistake.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

I guess a lot of us don't understand why you did not follow the USCIS instructions for filing a K1 visa petition. Instructions can often be a little confusing, yes, but this is pretty obvious:

The petition requires a meeting BEFORE starting the visa process

The petition requires photos and other evidence of meeting BEFORE starting the process.

Deciding to marry someone you have never met is...impractical.

2/14/2015 Sent I-129f package to TX lockbox. Happy Valentine's Day!

2/26/2015 NOA1 received, dated 2/19/2015

3/24/15 NOA2 received, dated 3/19/15

early April(approximate): at NVC ..delay?

4/08/15 Case created. Got case #,

5/16/15 NVC status: 'In Transit'

5/18/15 visa status: 'Ready' for interview

7/3/15 setup medical and visa interview appointments for

7/22/15 and 7/27/15 via Kyiv's 'call center'

7/27/15 visas approved!! ...but pending medical tests for 6 year-old

9/21/15 visa package received, and medical resolved!

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

I think a reason that people come across a little harsh is because the process imo, is fairly simple unless complications are added by the couple. We also all have experience in this process. The site lays out how to do this perfectly, most people never have to seek any other help than the guides on this site and most people do not petition until they know they have EVERYTHING covered.

We understand you don't have the money, a lot of us don't either, hell I'm a single mother with a disabled child, but that's also why we make sure to cover our bases before sending out any kind of money to anything.

Your case is going to be hard, everyone here knows this. Nigeria is a high fraud country, and like the Cdneh said, people who even have met before generally get denied. There are people who have to petition two or three times before approval for countries like this. If anything, prepare to fork out a lot more money than the initial 340$ that you just lost.

Your BEST chance at approval is most likely seeing him more than once or spending a significant period of time with him. Meeting once just to fulfill the requirements may not be good enough for what ever officer you get looking at your stuff, they might want -more-. Even if that means just you seeing him once a year then filing on the third year. They're going to scrutinize everything about your relationship a lot more than we ever could.

There are people who have been doing this process for over six years and longer. Do what ever it takes if you truly want to marry him and be a family, if that means that ya'll put this off and you keep working until you can see him more often or vice versa then that just may have to happen. The process, ESPECIALLY for Nigeria, by no means is as simple as sending a check and filing some paperwork.

Also, you say you're tight on money, will you be able to sponsor him when it comes time to do all of that paperwork before his interview, have you already looked into a cosponsor? That'll be a whole other ball of rocks you'll need to deal with.

Again though, I'm sure we all wish you the best of luck. We're all going through this process too which is why most of us take this fairly personally and are in awe when people miss things we all consider cut and dry. If you have any questions or concerns make sure you ask before filling out or sending papers, follow the guide and read EVERYTHING. EVERYTHING is important, if it's a rule, it's a rule plain and simple. Do everything you're told and don't ever assume you're exempt from anything or that you can just back up and do something later.

Sorry if it sounds harsh, but again, you're going to have to refile, and the truth of it all is you could still get denied and refile -again-.

From all the posts you've posted, it just looks like you're trying to get him here asap even though you haven't met him. Your topics have been the times between K1 and K3 and how you think you should just go to his country and marry him (even though you've never met him). How to change your service center because TSC is slow. Most people will respond to this with a "PLEASE MEET HIM FIRST! PLEASE!". We see so many people here bring others over or come over themselves to a person that ends up being terrible because they only spent a whole week with them before getting hitched. Do not make that mistake.

Well said :thumbs:

I think the OP is frustrated that she can't circumvent the requirements and thinks that somehow there must be a way, which just

reflects inexperience with immigration. When realizing that there is no way around OP projects her anger and disappointment on to the posters who

mean well and want her to succeed but she perceives them to be rude.

OP, it took us 5 years to get through the mess of immigration, my husband is Nigerian. I am here to help you down the road but I really

am getting tired of hearing how rude you think everyone is to you in every single thread. You are indeed misunderstanding factual advice

as rudeness because you don't want to hear the answers. When you realize the advice is right then you tell everyone that you get it and to not

say this or that. That is not how forums are run. Please stop perceiving advice as insults, it is simply not. I don't know how else we can express

ourselves here that we try very hard to guide everyone through a successful visa journey and that includes you !

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

  • 4 weeks later...
Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

People here are just trying to help you. Try to understand that all of us are in this very stressful situation. My husband and I have been on this journey for some time now. We tried the K1 and got denied. Many of them are. I would suggest, especially if money is tight, that you get married when you get to Nigeria. Then don't get in a big hurry to get him here, just take the time to prove your relationship is real. When we filed for the K3 it has been so much less stress for us.

Time consuming... but a relationship of our nature is built on trust and time right? It isn't easy by any means, but we all grow and learn so much about each other in the process. Take your time and all will be worth it in the end.

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

And, actually, they are right... don't marry him when you get to Nigeria. Get to know him in person. Spend some time... maybe go back again before you do anything else with the visa. You are young and have time. God will guide you through this. My husband and I have been together 6 years, married only 3 years. I went to Lagos 3 times before we married. We talked about everything nearly every day for that 6 years. It has been really really hard. Family didn't understand how I could marry someone they had never met. I love him, I love Lagos, and I really wouldn't change anything. But 7000 miles is a very long distance. You must be prepared for all of it.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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