Rfe received for not meeting in 2 years

[geowrian 22,338]

10 minutes ago, AshMarty said:

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

True....not to mention a financial hardship will not qualify for a waiver anyway.

[AshMarty 360]

1 minute ago, geowrian said:

True....not to mention a financial hardship will not qualify for a waiver anyway.

When we started the process 2 years ago before I knew anything about immigration. I googled the cost of an immigration lawyer and saw quotes from $4,000 to $10,000. So I found this forum and decided to learn the immigration process myself. Haha. 

 

You can easily plan a quick meetup (to meet requirements) for the thousands it would cost for a lawyer on the case. 

[kris&me 572]

8 hours ago, jakejon said:

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 ☘️

 

 

Trouble with extreme hardship is people try to say financially it is hard and then CO looks for reason to deny for financial issues (i saw ne CO say you will not be able to afford the AOS after marriage,  get joint sponsor and reapply)

 

And i am still confused about the meeting as USCIS site says need to meet within 2 years of filing petition and other embassies  say "need to meet within 2 year also of interview" Of course i made several tripsps and had no problem but which case is correct?   any one with proper info?

Edited February 27, 2018 by kris&me

[AshMarty 360]

10 minutes ago, kris&me said:

Trouble with extreme hardship is people try to say financially it is hard and then CO looks for reason to deny for financial issues (i saw ne CO say you will not be able to afford the AOS after marriage,  get joint sponsor and reapply)

 

And i am still confused about the meeting as USCIS site says need to meet within 2 years of filing petition and other embassies  say "need to meet within 2 year also of interview" Of course i made several tripsps and had no problem but which case is correct?   any one with proper info?

Very True.

 

If you can't afford to visit each other it will give reason to believe you won't be able to reasonably sponsor the immigrant once in the US, which is another requirement for K1 then again for AOS. 

[geowrian 22,338]

14 minutes ago, kris&me said:

Trouble with extreme hardship is people try to say financially it is hard and then CO looks for reason to deny for financial issues (i saw ne CO say you will not be able to afford the AOS after marriage,  get joint sponsor and reapply)

 

And i am still confused about the meeting as USCIS site says need to meet within 2 years of filing petition and other embassies  say "need to meet within 2 year also of interview" Of course i made several tripsps and had no problem but which case is correct?   any one with proper info?

The requirement to meet within 2 years is an IMBRA requirement fore the I-129F petition. The petition is adjudicated by an IO. That said, having previously claimed a recent financial hardship for not meeting - and not much to show in terms of income/assets now - may cause a public charge concern for the CO. They look at the totality of the circumstances to determine the public charge risk, not just minimum income/asset levels. For a K-1, the I-134 is only a tool to help them assess the risk.

 

Some embassies use their own rules as well. The I-129F requirement is clear that you only need to meet within 2 years of filing the petition. But if COs at an embassy want to see you meet within 2 years of the interview as well, then they'll make you do so...there's really not much you can do there IMO.

[Franco007 27]

My opinion from all these multiple ideas and experiences balls down to two options...... 

 

1.. Those who are of the opinion for you to try financial hardship option which may not work for you.

2.. Those who are of the opinion for you to just make the trip and visit, which on the other hand may seem to show the immigration officer/interviewer that this might be fraud because you only traveled now due to it was requested. 

 

My take is just submit what you have and if denied, you can do like a family friend of mine who had same issue and got denied. She knew that was the person she truly wanted to marry, so she went to his country married him and filed CR1 instead.

He got approved for the CR1 and they have been living in the U.S happily ever after 

 

Good Luck!!!!

[Hypnos 6,578]

Withdraw and re-file after meeting again. 

 

Your current I-129F stands zero chance of being approved. 

[vocaledge 3,340]

10 hours ago, ChuAni said:

That's a 2 year window. 

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

Did you submit them when your Fiancé filed?

Its absolutely not within a two year window. This petition will be denied.  Waivers are almost impossible to get.

I would withdraw, visit and then refile.

[kris&me 572]

when they little or no chance as not within the 2 year window means the VJ community thinks CO is right and if the case will be returned to the US and allowed to die as no appeal for K1

so,  go and marry and reapply since you would have to return anyway to file a new K1

take blank application and instructions with you and do it together 

Edited February 27, 2018 by kris&me

[implife 318]

meet and refile

[Crazy Cat 42,625]

24 July 2015 to 24 July 2017 is 731 days....Believe it or not, that could be interpreted as 1 day outside the 2 year window.  I would plan a trip to meet asap, then refile. 

[TNJ17 1,329]

Yeah you’re gonna have to plan a meet up. There’s no way around it. You’re pushing the 2 year window. Just because you filed a month before the 2 year window doesn’t mean it was received and started processing. 

[geowrian 22,338]

Eek...I just noticed the dates were June and July. I misread it as both being in July. Yeah, you're definitely outside the 2 year window and will need to refile. Don't bother with a waiver....it's a waste of time here.

 

21 minutes ago, missileman said:

24 July 2015 to 24 July 2017 is 731 days....Believe it or not, that could be interpreted as 1 day outside the 2 year window.  I would plan a trip to meet asap, then refile. 

I misread it the same way. The dates are from June 24th, 2015 to July 24, 2017. That's an extra month.

Edited February 27, 2018 by geowrian

[Crazy Cat 42,625]

3 minutes ago, geowrian said:

Eek...I just noticed the dates were June and July. I misread it as both being in July. Yeah, you're definitely outside the 2 year window and will need to refile. Don't bother with a waiver....it's a waste of time here.

 

I misread it the same way. The dates are from June 24th, 2015 to July 24, 2017. That's an extra month.

LOL.......yea, I just caught that myself......lol!!!

[Ben&Zian 4,398]

3 hours ago, bad4tatt said:

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

 

The bolded part is actually not true. The Philippines is actually one of the easiest embassies to go through when it comes to immigration. 

 

They are tough on people trying to get tourist visas, that is a fact though.