New K-1 RFE Master List

[metel77 0]

Hello,

I just signed up to the forum today, hoping to find good insights and advice from people who are or were in the similiar situation.
We sent K-1 Visa application on September 15, 2021 and got NOA1 on September 20, 2021. On December 18, 2022, we received a RFE for additional evidence because apparently we fall outside the 2-years meeting requirement (technically untrue) but unforturnately we did not realize until later that what matters was the date USCIS received it, rather than the day we actually shipped the folder. We provided all the correct documents, pictures of us, plane tickets, my passport stamps, hotel accomodations, although we did not add a statement of intent to marry signed up by both, at the time we didn't think of this. We also explained that we could not have other meetings during pandemics for travel restrictions, but they consider this reason insufficient. Anyway, after initial panic, we consulted an immigration attorney who told us we should not waste too much of our time on a response because we are going to get a denial, yet we are sending it by March 30, 2023 deadline, just to prove we are in good faith. We believe, and our lawyer agrees with us, we are being extremely "scrutinized" because we are a same-sex couple with big age difference and my fiancee was married before with opposite-sex spouses.

This is so unfair. I preferred not to travel to US for all this time, for fear of being denied at entry while waiting for this whole visa process, but we haven't seen each other for friggin' two years, and sadly right now, my fiancee, who is the American citizen, is going through a serious family issue, she cannot leave her country and I would like to be by her side and be supportive, as any normal partner would wish to do.

Our attorney suggested that the best timeframe to visit her is before we receive USCIS decision, hence possible denial. 
Has any of you come to USA with K-1 Visa and RFE pending? How did it go? And what questions/proof CBP asked for specifically? Is it worth to try?
Has anyone had problems with entering USA as tourist, after getting a visa denied? 
We are considering at this point to get married directly, if we get a denial. Has anyone done the same and how?

 

Thank you an advance for your attention, this is so frustrating and it is making us very anxious. We just want to be together for good...

[Tzgeneration 39]

I did get a RFE because I had not attached any pics even if i grew up with my fiancé and studied with him preschool and elementary. Submitted June 2020, RFE May 2021, submitted letters from family members, schools, neighbors, friends in June 2021, denied November 2021. I waited for the case for a long time, decided to go be with my fiancé in September/October 2021 while waiting for the uscis decision. In November 2021, they denied my case so I decided to file fresh December 10th 2021 and still waiting for their response since I had photos, airticket etc from my visit in September/October, also ended up getting pregnant so I attached doctor’s letter, pregnancy scan etc. 

 

fyi: uscis follows meeting within 2 yr policy. Better to file again instead of wasting your money to submit more evidence. Find a way to meet with your fiancé and get evidence/photos. Good luck. 

[metel77 0]

19 hours ago, Tzgeneration said:

I did get a RFE because I had not attached any pics even if i grew up with my fiancé and studied with him preschool and elementary. Submitted June 2020, RFE May 2021, submitted letters from family members, schools, neighbors, friends in June 2021, denied November 2021. I waited for the case for a long time, decided to go be with my fiancé in September/October 2021 while waiting for the uscis decision. In November 2021, they denied my case so I decided to file fresh December 10th 2021 and still waiting for their response since I had photos, airticket etc from my visit in September/October, also ended up getting pregnant so I attached doctor’s letter, pregnancy scan etc. 

 

fyi: uscis follows meeting within 2 yr policy. Better to file again instead of wasting your money to submit more evidence. Find a way to meet with your fiancé and get evidence/photos. Good luck. 

Man, that is so frustrating, I hope it is going to go smoothly this time for you. 

May I ask you how did it go at the Customs when you visited your fiancée? Did they inquire about your RFE pending or they just didn't press much? Thank you in advance for your response.