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Posted (edited)

This is helpful, thank you.

So essentially I need to show proof of in person, same town relationship from February 2013 through Feb 2015 (even though we began dating September 2012-- I don't include this? because I did include on the statement on I129f) June 2015 through November 2015 was by skype and daily emails. His visit here December 2015, we traveled together for my visit there December 2015 and April 2016.

Your suggestions really help because there isn't much on this type of situation in the guides.

We both realize now that what he should have done during the work visa and that usa employement for 8 years was to do the process of citizenship.

I hope this won't be a problem in the k1 visa though no rules broken, just not the best way to have done it. Maria&Seve it is a similar situation with the working abroad Au Pair and having met there that way.

Yes. Question 34(a) of the petition is a bit confusing. It is worded very much like "tell us your love story" but it is really meant to prove the "have met in person in the past two years" requirement. But then the crazy thing is that some people realize this, and answer the "past two years" but then get an RFE for "no how did you meet-meet" (although uncommon). For what it's worth, the guide (Step 4) does tell you to submit a "declaration of how you met in person in the last two years. This should be a single typed page attachment regarding question '34.a' of the I-129F. Make sure to sign and date it."

Take another look at the instructions, particularly Part 7(c ) and it makes it clear that they want evidence that you've been in each other's presence within the past two years. The "evidence" can be just a written statement (which is why the guide tells you to submit one) and in your case they'd probably take just that. But just to be safe after this RFE, I'd pick a date from between Feb 2013 and Feb 2015 that I can provide some solid supplemental evidence (your ticket to Vermont could actually "count", if you explain the driving border crossing. They're not unreasonable), even credit card statements that show you spending money in his city etc. You'll be fine.

None of this, or his previous work visa etc will be a problem for K1. Yes, you could have married and adjusted while he was here on his work visa and that would have been fine as well, but it sounds like maybe it wasn't the right timing for your relationship or any other bunch of reasons, so this process is what you've got. Don't worry, it's going fast these days, he'll be here before you know it :)

Edited by CatherineA

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

Filed: Citizen (apr) Country: Sweden
Timeline
Posted

From the post that was made, it looks like the RFE clearly mentioned the 2 year thing. It's hard to say without the exact wording from the RFE, though.

My statement was the following: "We met on the internet on xx/xx/2014 and then in person on xx/xx/2014." No RFE. Fit right in the lines provided on the I-129F.

Glad that worked out for you. Many people get RFE with that little information and have to prove IMBRA.

It's also better to front load your application as many embassies won't really look at the evidence you bring to the interview but rather what you sent in with your I-129F.

Yes, she needs to clarify the 2 year "thing" which is included in writing the statement about how they met including proof that they met within 2 years. So whatever they wrote clearly was not enough.

The letter says

written statement that we met, this all has to be preceding the two years before the petition was filed

copies of airline tickets and stubs (don't have these)

copies of passport pages with stamps (have one the other was a land crossing)

military orders (n/a)

evidence of meeting in last 2 years (already sent, will resend more I suppose)

photos of you together is secondary evidence (again I already did this but will do it again)





Filed: Citizen (apr) Country: Sweden
Timeline
Posted

This is helpful, thank you.

So essentially I need to show proof of in person, same town relationship from February 2013 through Feb 2015 (even though we began dating September 2012-- I don't include this? because I did include on the statement on I129f) June 2015 through November 2015 was by skype and daily emails. His visit here December 2015, we traveled together for my visit there December 2015 and April 2016.

Your suggestions really help because there isn't much on this type of situation in the guides.

We both realize now that what he should have done during the work visa and that usa employement for 8 years was to do the process of citizenship.

I hope this won't be a problem in the k1 visa though no rules broken, just not the best way to have done it. Maria&Seve it is a similar situation with the working abroad Au Pair and having met there that way.

Tell them the story of you and your partner. A lot of us "seniors" here call it "writing a love letter" make it personal, show them there's a real couple behind the application. Tell them about how you started dating in 2012, the visits, you guys living in the same city etc. People will tell you "you only need to write what's fits on the paper. Sure, and many of them get an RFE and some get away with it.





  • 2 weeks later...
Filed: K-1 Visa Country: Canada
Timeline
Posted

M&S I took your advice and also included a love letter (2 single spaced typed pages with timeline) with a ton of TN stamps (his), letter from employer (his), 12 photos of us together throughout the two year period, proof of travel from airline indicating "Flown" (mine), my passport stamps, his boarding passes, hotel receipts from hotel as well as cc statements, bank statements of $ spent in his country.

It's a convoluted story to follow, but my timeline is supported by evidence.

I really hope all is ok and approved now.

Thank you so much.

 
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