Rfe received for not meeting in 2 years

[Kevin Molina 0]

Hello everyone, i need your help.

I just received our RFE in the mail.

And one of the evidence needed is 

That me and my fiance must have met

Within 2 years. I filed our petition on

July 24, 2017. But the last time we met

was on June 24, 2015. What is the best

Thing to do? 

Edited February 27, 2018 by Penguin_ie

[ChuAni 1,191]

6 minutes ago, Kevin Molina said:

Hello everyone, i need your help.

I just received our RFE in the mail.

And one of the evidence needed is 

That me and my fiance must have met

Within 2 years. I filed our petition on

July 24, 2017. But the last time we met

was on June 24, 2015. What is the best

Thing to do? 

That's a 2 year window. 

What about your Flight Itinerary, Passport Stamps, Hotel Receipts?

Did you submit them when your Fiancé filed?

[Kevin Molina 0]

I have flight itenerary and passport stamps. I havent submitted them yet. Im scared that i might get denied knowing its more than 2 years.

[BVGApeach 288]

10 minutes ago, Kevin Molina said:

I have flight itenerary and passport stamps. I havent submitted them yet. Im scared that i might get denied knowing its more than 2 years.

Well, if you don't submit them, you will definitely be denied. 

 

If that's the proof you have, you need to send it.

[jakejon 1,197]

Hi there,

 

I have put thought into your question and I could be wrong in my response, so anyone please correct me! 

 

For the K1 process (regardless of years you have been together before or haven’t) a couple must demonstrate that they have met within the two years immediately prior to filing your K1 visa application. I believe this is rigidly enforced and would assume part of the reason of why some people are denied or put into AP. There are waivers available (but very difficult to get approved) showing an inability/hardship to meet within the 2 years. 

 

Obviously passport stamps, flight tickets, hotel reservations, itineraries would verify you’ve met. 

 

I can see that you haven’t met your fiancé or seen them since you filed your petition? So has it been 25 months without seeing them? So there’s no evidence between July 24 2015 and July 24 2017??

 

Huh, in my mind, this is a tough one and I don’t know what to suggest as you’ve marginally failed to meet that requirement. Maybe others can provide a solution for you. I’m on the mindset that the requirements for the K1 are black and white (1) show me you two have met WITHIN two years prior to your filing and (2) show me that you are completely bona fide.  

 

Im sorry I can’t help any. But I wish you every success. Good luck ☘️

 

 

Edited February 27, 2018 by jakejon

[Adrii 208]

9 minutes ago, Kevin Molina said:

I have flight itenerary and passport stamps. I havent submitted them yet. Im scared that i might get denied knowing its more than 2 years.

 

10 minutes ago, Kevin Molina said:

I have flight itenerary and passport stamps. I havent submitted them yet. Im scared that i might get denied knowing its more than 2 years.

I did a quick google for you and don't quote me on this one but I think you can only get an exception to not having met within the last two years if meeting would cause the petitioner extreme hardship.

The in-person requirement may be waived where there is extreme hardship to the petitioner or the requirement would violate the strict and long established customs of the beneficiarys culture or social practice. Financial hardship to you alone is not sufficient grounds

 

Try using the search bar in this forum to see if anyone has posted similar threads (I'm sure you're not alone) and there might be people that have stories of how they got around the rule / or had to then meet in person. I'm not sure of your exact situation but there is information on the USCIS website about waivers.

 

Good luck! I wish you and your fiancé all best!

[Pinkrlion 2,724]

You will need to plan a trip to revisit and then refile.  It is an automatic denial for not meeting within the past two years.  There is no way around this requirement to file K-1.  

[Pinkrlion 2,724]

44 minutes ago, Adrii said:

 

I did a quick google for you and don't quote me on this one but I think you can only get an exception to not having met within the last two years if meeting would cause the petitioner extreme hardship.

The in-person requirement may be waived where there is extreme hardship to the petitioner or the requirement would violate the strict and long established customs of the beneficiarys culture or social practice. Financial hardship to you alone is not sufficient grounds

 

Try using the search bar in this forum to see if anyone has posted similar threads (I'm sure you're not alone) and there might be people that have stories of how they got around the rule / or had to then meet in person. I'm not sure of your exact situation but there is information on the USCIS website about waivers.

 

Good luck! I wish you and your fiancé all best!

If they had never met then they could argue this point, but they have met in person.

[Adrii 208]

Just now, Pinkrlion said:

If they had never met then they could argue this point, but they have met in person.

True that! 

[Naes 12,205]

Even if they didn't meet, this requirement is so strict even religious reasons etc doesn't cover it.

 

one of the most seen reasons for denial at this stage.

Edited February 27, 2018 by Naes

[nightingalejules 678]

You may be in trouble here. The 2yr meeting requirement is non-negotiable, it seems. Almost impossible to get a waiver.

 

Probably your best bet is to visit ASAP and prepare to reapply.

 

Please correct me if I’m wrong on this, VJ friends!

Edited February 27, 2018 by nightingalejules

[Franco007 27]

You are right @nightingalejules  you cannot prove that you are in a relationship or married without seeing your partner for more than 2yrs.....

These only happens with the U.S military families occasionally, except you are one and you have been on deployment?

If that is not the case then you may need a very good immigration lawyer to help prove that you had a financial hardship within the last 2yrs caused your inability to travel.

Wish you best of luck!!!

Edited February 27, 2018 by Franco007

[geowrian 22,338]

7 hours ago, jakejon said:

For the K1 process (regardless of years you have been together before or haven’t) a couple must demonstrate that they have met within the two years immediately prior to filing your K1 visa application. I believe this is rigidly enforced and would assume part of the reason of why some people are denied or put into AP. There are waivers available (but very difficult to get approved) showing an inability/hardship to meet within the 2 years. 

This is very rigidly enforced as it is an IMBRA requirement. Failure to meet this requirement is cause for denial of the petition.

It is not cause for AP in itself (although all K-1 cases go through some AP anyway)...the CO makes the determination on the relationship validity based upon all the evidence available to them. Not being with them in person for an extended gap will not bode well there, but can possibly be explained.

The waiver for this requirement is extremely rarely approved. It's a majorly uphill battle, and having met once in the past before makes this even more difficult.

 

The exact timeline is potentially the saving grace here as the OP filed exactly 2 years after last seeing their fiance. Those edge dates can be tricky. That said, meeting and then refiling sounds like it will be the way to go.

[AshMarty 360]

6 hours ago, Franco007 said:

You are right @nightingalejules  you cannot prove that you are in a relationship or married without seeing your partner for more than 2yrs.....

These only happens with the U.S military families occasionally, except you are one and you have been on deployment?

If that is not the case then you may need a very good immigration lawyer to help prove that you had a financial hardship within the last 2yrs caused your inability to travel.

Wish you best of luck!!!

It is probably just cheaper to plan another trip to meet up than hire a lawyer 

Edited February 27, 2018 by AshMarty

[bad4tatt 168]

8 hours ago, Kevin Molina said:

Hello everyone, i need your help.

I just received our RFE in the mail.

And one of the evidence needed is 

That me and my fiance must have met

Within 2 years. I filed our petition on

July 24, 2017. But the last time we met

was on June 24, 2015. What is the best

Thing to do? 

You need to plan a visit and refile. You already come from a high fraud country so they will scrutinize your case.