(RFE) for K-1 visa questions HELP PLEASE!

[JohnBGood 1]

Hello Everyone! I met a girl that back in October of 2015. We started communicated by phone, emails, and Skype, and both fell in love with each other over time. I decided to hired a visa service company to do my K-1 petition for a fee. The company I hired told me that is was very important that me and my fiancée meet. So in April of this year I arranged our flights and hotel stay in Costa Rica. I did tons of research before booking the flights and the hotel. She lives in the Philippines so I had to book a flight that would bypass the USA as to make matters more simple. Anyways, long story short, she was stopped by the Philippine Immigrations and was handed a white piece of paper stating that she needed more documents and was denied entry onboard the plane. We both thought that we had all the documents needed for her to board this flight. I believe that the Philippine Immigrations make it nearly impossible to leave the country! I then called and tried to cancel both flights I was really depressed and started getting chest pains and anxiety, so I called my doctor and he told me to come to his office. I then told him what was going on and that I planned on flying to Costa Rica to meet my fiancée. He then told me that because of my medical conditions it was a good thing I never boarded the plane as I have heart conditions and DVT along with chronic anxiety and depression. With these conditions he said could have been fatal. I had no idea about this until he explained it to me that day. Ok, now I told all this to the company that is doing my K-1 petition, and they told me to get my doctor to write a letter about my medical conditions regarding flying. So I did everything I was told to do and sent in the K-1 petition in to USCIS. I have been waiting now for over 2-1/2 months and I just received an RFE letter from Department of Homeland Security/USCIC for my K-1 petition. It came with 1-blue page along with 2-other white pages numbered 2 and 3. On page 2 is the Request For Evidence that says REQUIREMENT THAT PETITIONER AND BENEFICIARY HAVE MET IN PERSON and Last Personal Meeting. I'm not exactly sure why they sent this page as I was trying to get the meeting waiver approved, due to my medical condition! Now on to page 3, this is where they made an error. They are saying under the Waivers of the 2-year Personal Meeting Requirement That I submitted a correspondence from my physician that recommends without reservation that I abstain from flying. However, Service records indicate you have recently flew to Costa Rica. Moreover, your request for a waiver of the meeting requirement does not include any evidence of the petitioner and/or the beneficiary attempting to utilize other methods of travel for either individual to fulfill the requirement. The evidence submitted is insufficient to establish a favorable decision to granting the requested waiver. This is incorrect as I never flew to Costa Rica. I do have proof showing my cancellation from American Airlines as well as my passport that was never stamped. Can anyone please let me know what I should do at this point. I would be deeply grateful and much appreciation! Thank you for your time reading this mess!

Regards,

John

[Georgia16 2,858]

I have NEVER seen this been waived. You have to meet. You can drive to Mexico or Canada and she has to prove that she can't get a visitor visa to US or any of the other places.

[Boo&Mica 157]

First of all, I am sorry to hear about your ilness.

Regarding the k-1 story and USCIS RFE, send them copy of your passports so they can see you have no stamps on it + the flight cancelation.

Best of luck and try to stay positive, you got this !

[gregcrs2 1,778]

I am sorry about your situation and wish you better health. Regardless about the error in flying to Costa Rica when you actually did not, they are not going to give you a waiver.

Also, with so many health problems that you shouldn't be traveling, perhaps you should reconsider going through this process. It could make your health even worse. It's very stressful and relationships/marriage is not without stress.

[JohnBGood 1]

First of all, I am sorry to hear about your ilness.

Regarding the k-1 story and USCIS RFE, send them copy of your passports so they can see you have no stamps on it + the flight cancelation.

Best of luck and try to stay positive, you got this !

Thank you for your kind words! I will send this in as you mentioned. I just can't understand how in the world can the Department of Homeland Security/USCIS get this incorrect about me actually flying? I guess they ran a check and found out that I had purchased this plane ticket and assumed that I fly there! Do you think I should also try and call the toll free number that is shown on the blue page of RFE and explain to them about this and also ask if I need anything else that I should submit. Thanks again!

[Georgia16 2,858]

Thank you for your kind words! I will send this in as you mentioned. I just can't understand how in the world can the Department of Homeland Security/USCIS get this incorrect about me actually flying? I guess they ran a check and found out that I had purchased this plane ticket and assumed that I fly there! Do you think I should also try and call the toll free number that is shown on the blue page of RFE and explain to them about this and also ask if I need anything else that I should submit. Thanks again!

It won't help anything on your case.

[JohnBGood 1]

I have NEVER seen this been waived. You have to meet. You can drive to Mexico or Canada and she has to prove that she can't get a visitor visa to US or any of the other places.

Yes they do have a waiver that if you prove extreme hardship, they can approve it. Yes I can drive to Mexico or Canada, but how would she get there? The Philippine Immigrations are nearly impossible to let their citizens leave the country by any means of transportation!

It won't help anything on your case.

Really? And what makes you say that?

[Georgia16 2,858]

Yes they do have a waiver that if you prove extreme hardship, they can approve it. Yes I can drive to Mexico or Canada, but how would she get there? The Philippine Immigrations are nearly impossible to let their citizens leave the country by any means of transportation!

You don't get what we say.

We know it's there and MANY have tried it but really no one gets it approved.

I have seen medical, lack of money, religion and so on and they are all denied. the meeting within two years is something USCIS takes very seriously.

Maybe but she still has to try and get visas to all of those places, she has to prove she can't go.

Try and do a search in here on this topic.

[JohnBGood 1]

I do understand what you are saying and thanks for your advice! But at this point, I am not going to just not respond and let my petition get denied without a fight! It is not my fault that they made this presumption and error. I can prove that we both tried to meet to fulfill the meeting requirements. And it wasn't until afterwards that I learned from my doctor that I shouldn't fly! So basically what you are saying is for my fiancée to apply for a visa for all the countries I could drive to and once denied of every country, then reapply for the K-1????

[Boo&Mica 157]

Thank you for your kind words! I will send this in as you mentioned. I just can't understand how in the world can the Department of Homeland Security/USCIS get this incorrect about me actually flying? I guess they ran a check and found out that I had purchased this plane ticket and assumed that I fly there! Do you think I should also try and call the toll free number that is shown on the blue page of RFE and explain to them about this and also ask if I need anything else that I should submit. Thanks again!

It won't hurt. Don't let negative peoples interfere with your fight ! Each case is different so no one knows exactly what can be waived or not.

[gregcrs2 1,778]

It's not only about the presumption and error. Did you provide any evidence that either of you tried to meet in any other way?

[JohnBGood 1]

It's not only about the presumption and error. Did you provide any evidence that either of you tried to meet in any other way?

I will provide evidence that we both tried to meet along with more evidence to satisfy what they are asking for. Perhaps when they know the real truth about my situation, they will consider approving my waiver, hopefully. I know that they have a lot of people on this forum that believe that the waiver is nearly impossible to get. But I don't really believe it is that way. All cases vary and I know that they have guidelines to go by when considering making a decision for approving or denying an extreme hardship waiver. Thanks again for all your replies.

[caliliving 606]

I will provide evidence that we both tried to meet along with more evidence to satisfy what they are asking for. Perhaps when they know the real truth about my situation, they will consider approving my waiver, hopefully. I know that they have a lot of people on this forum that believe that the waiver is nearly impossible to get. But I don't really believe it is that way. All cases vary and I know that they have guidelines to go by when considering making a decision for approving or denying an extreme hardship waiver. Thanks again for all your replies.

why dont you hire a skilled waiver lawyer then? someone who actually had this approved. if you are hearing from people here it is hardly approved, i dont think you will get approved from filling it out on your own. they have a 2 year requirement for a reason and i think you really are wasting your time trying to do the waiver on your own.

either find someone who has skillfully done the waiver and got it approved

or go visit her in phillipines - it is quite simple!

[JohnBGood 1]

why dont you hire a skilled waiver lawyer then? someone who actually had this approved. if you are hearing from people here it is hardly approved, i dont think you will get approved from filling it out on your own. they have a 2 year requirement for a reason and i think you really are wasting your time trying to do the waiver on your own.

either find someone who has skillfully done the waiver and got it approved

or go visit her in phillipines - it is quite simple!

Thanks for your advice! I did hire a company online to help me with the K-1 Petition. I am getting advice from them and will also talk with a skilled attorney about this as well as you mentioned. I feel that the USCIS officer that is doing my case could have simply denied my petition due to the wrong information they assumed without knowing the real facts of what really took place. I did not fly to Costa Rica as they are assuming, and I also submitted a document from my doctor stating I should not fly with my medical conditions. So the conflict they are seeing is that I sent a letter stating not to fly, but yet they assume I already did. So at least I wasn't denied, so I will try my best with legal help to show the error they made and also prove that me and my fiancée did attempt to meet, but now it would be impossible!

[caliliving 606]

Thanks for your advice! I did hire a company online to help me with the K-1 Petition. I am getting advice from them and will also talk with a skilled attorney about this as well as you mentioned. I feel that the USCIS officer that is doing my case could have simply denied my petition due to the wrong information they assumed without knowing the real facts of what really took place. I did not fly to Costa Rica as they are assuming, and I also submitted a document from my doctor stating I should not fly with my medical conditions. So the conflict they are seeing is that I sent a letter stating not to fly, but yet they assume I already did. So at least I wasn't denied, so I will try my best with legal help to show the error they made and also prove that me and my fiancée did attempt to meet, but now it would be impossible!

He didnt deny it bc he wants to make sure you did not in fact visit each other in the 2 years. honestly, that isnt normal! and you need to visit in the 2 years. however, after you have no proof of meeting and clear up that 'i booked a plane ticket to CR but never actually went there' he will outright deny your petition.

you hired a K1 firm they filled an application out! they are NOT A SKILLED WAIVER LAWYER! good names of good waiver lawyers. call one who has delt with this! any company can file a K1. I can file a K1! its not difficult! Search on this forum and see if people who could not fly and petitioned for their fiances got a visa. if they did, then research how they got it. if they didnt, then you probably know your answer. like someone else said, fly her to mexico and drive down. or just date in america. i really dont think USCIS is going to approve this petition and i think all the $$ and hasel you will go through is very easily solveable.