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Filed: K-1 Visa Country: Sri Lanka
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Posted

Hi all,

 

My fiancé and I met online about two years ago, on a chat site that we both frequented at the time. We became very close friends and eventually romantic partners in the following months, and have remained so since. This past summer in July, he attempted the B-2 Tourist Visa so that we could finally meet and spend time together. Unfortunately, his visa request was denied under section 214(b), presumably caused by of lack of ties to country and unsteady flow of income (only 24 years old, no children, just above the poverty level at home, unable to finish his university degree because of lacking funds). We were very upset with this decision, but understood and even predicted the outcome. Upon hearing this news, we began exploring other options, and decided that this relationship was serious enough to try for the Fiancé/K-1 Visa. We knew that another attempt at a B-2 Visa was futile - the only way for acceptance would be if he could prove ties and financial stability, which would take at least a couple of years to establish, which was out of the question. We also knew that there was a two-year, in-person meeting requirement for the K-1 Visa, so our new option was this: With lots of support from my family, we were eventually able to plan a trip to Dubai, United Arab Emirates. I had never traveled out of the country before (I know!), and he was born/raised there, so we felt really comfortable choosing a place at least one of us had been to. After rushing to get my Passport, ordering the tickets, etc., we were able to meet just two weeks later! We stayed together in Dubai for nearly the entire month of August (4th - 24th), where he "officially" proposed to me. My answer was, of course, yes, and so we are now getting the rest of the documents to file shortly. It's taking us a bit longer than planned because I had to send him some documents to sign by post, and let's just say that USPS Priority mail isn't really priority ... anyway we're almost ready to file! But, naturally, I am terrified of this getting denied, and have a ton of questions. I would very much appreciate any input and/or advice from you lovely people, who are struggling right along with us.

 

I am mostly worried that it might be denied because we haven't known each other as long as other couples who have filed the I-129F. Does that matter or have an effect on the petition?

I am also 19, almost 20, and afraid this petition might not be taken as seriously because I'm quite young? Is that something to be worried about?

As stated above, we have only met in person once since actually meeting. Other couples have seemed to travel countless times through the years of their relationship to visit one another before filing this petition. We cannot do that because his B-2 Visa was denied and would probably be denied again. We have tons of photos taken during our trip, chats/messages from Skype and WhatsApp, etc., to prove that this relationship is solid and that we really want to marry one another for real and true reasons, but I cannot help but to fear that not knowing each other long enough and only meeting once will affect this petition negatively, or make it seem "not real" for some reason? Is this possible?

 

I am also a full-time university student and do not work. I rely on my family for what little support they have to offer and pretty much live on federal student aid. I do know that financial aid doesn't count as welfare per se, but I'm still worried that our petition could be denied because they'll see me as unable to provide, etc. Although my parents cannot help me much financially, my aunt is more than willing to help me with this petition (she paid for our trip to visit one another, is going to pay for the petition itself, and will help establish his permanent residency, etc. when he arrives, if approved). I understand that the I-864 should only be filed after he's here and we're married, but I will have to prepare an I-134 for his interview, so that they know he won't become a public charge once here. As stated before, I do receive federal funds for my education, my parents aren't exactly "well-off," but my aunt is supporting me financially in this area. So, I will fill out an I-134, and my aunt will fill out a separate one, from what I understand, which he will take with him to his interview. She exceeds the federal poverty level requirement, but I am really worried that they won't accept her as my co-sponsor. His interview will be held at the U.S. Embassy in Colombo, Sri Lanka, and I'm scared that for any reason they won't accept a co-sponsor. What are my chances they'll deny/accept it?

 

I know that this is a lot, so anyone who reads through and can offer anything to alleviate my worries will have my gratitude.

 

Sincerely,

Anna

 

Posted

Your petition will be adjudicated just like anyone else's regardless of your age. USCIS can't not take your petition seriously.

 

For both the I-134 and I-864, both you and your co-sponsor will need to complete a set of each form and include the relevant supporting documents.

 

Whilst you've met in person within the last two years preceding your soon-ish upcoming filing date, in my personal opinion, it might be a good idea to meet at least another time or more. Sri Lanka's B2 refusal rate for 2016 was 21.69% so that probably means his embassy is not a super easy one. When dealing with a difficult embassy, more face time is always better.

 

Also, it's probably better that you do not to file immediately after just one meeting because it might be viewed as a red flag by his local embassy. 

 

Either way, all the best! You're up to a good start for asking questions before filing so you could prepare yourselves accordingly :)

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

 
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