I-129F RFE for Proof of Evidence; 2-year time limit

[krschweit 0]

My case was received Dec 23, 2015 and I got my first NOA no problem.

I was a little concerned I would receive an RFE due to one reason... and said reason has in fact happened.
My now-fiance and I met in person in November of 2013; the last time I saw him in person was Nov 30, 2013. My attorney said that if I got the paperwork in by December of 2015, they should waive the fact that I missed that technical 2-year deadline by a month. Well, they didn't waive it.

I AM going to visit him in March; I even submitted my upcoming itinerary with my original petition. The deadline for RFE materials gives me just enough time to get back from seeing him, get evidence from the trip copied (I'll be holding onto every last shred of what I collect there like its gold... and pictures, which oddly they don't really seem to care about so much), and mailed.

My question is.... is the fact that I'm going to see him now good enough to count as evidence of meeting in person? Or do they want proof of us having met in person between 2013 - 2015, since that is technically the timeframe they're looking for? Also, is one trip even enough? Or do they want to see evidence of repeated instances where we've spent time together? (Why are they so frustratingly vague in their requests?!)

I've probably thought about this too much. Any help would be appreciated. Thanks!

Edited February 6, 2016 by krschweit

[aleful 1,905]

hi

having met in person is before you filed the k1 visa, they want proof of having met in the last 2 years,

you should have never listened to your attorney, you visit first, then file the K1

[krschweit 0]

hi

having met in person is before you filed the k1 visa, they want proof of having met in the last 2 years,

you should have never listened to your attorney, you visit first, then file the K1

so.... am I screwed with this petition? Do I need to go visit, gather evidence, and then refile an entirely new petition?

[SunflowerSweet 1,321]

I'm interested in what your attorney had to say about the RFE as he is the one who gave you false info in the first place. Unless of course you are no longer employing his services, which is probably a good call.

Worse case scenario is you file a new petion once you meet again soon. As for the number of visits, more is always better, of course, but there are plenty of people who have been accepted with just one. (My fiancé and I for example!) the level of importance for the number of meetings is going to depend on the beneficiary's country most likely. With higher fraud countries it's a good idea to provide more evidence than not. I would look into "front loading" your petition with evidence beyond just the minimum one meeting in the last 2 years if you do happen to put together another packet.

[lacolinab13 86]

My understanding is that the meeting requirement MUST be within the 2 years before you file, and that yes, it's now too late for you to fulfill that requirement and you will have to file a new petition. A friend of mine made this mistake (she filed more than two years after their last meeting) and had to re-file.

Fire your lawyer!

[krschweit 0]

Thanks all! I think I know what my next step is.

[Jaime & Aisha 46]

Sounds like you got your answer. Based on my research, and interviews of previous K-1 applicants from Ethiopia most certainly you will need a strong package. Stronger than those from other countries. Not sure why. If there is a question in your mind, then it will be questioned; either at USCIS, or in the interview. So best to do it right.