Denied on RFF for not having to met in person for I-129F

[Mr&Mrs Chowdhury 3]

Hi,

 

I got denied for for not having to met in person for I-129F on RFF. Now, can anyone tell me what is the best route to go about. I am going to meet my fiancé in August 15th,2018. But I have thirty days to appeal or motion.

As a result of Appeal or motion, I know I have to pay the FEE of $675. Note I am willing to pay as long as it does not delays more than what it took already. I know it does not matter to them whether I have to wait or not.

I was thinking, I can write them a letter and explain that I am going to meet her in couple of months and can provide them proof once I am back from my fiancé's place. What is the best option and did anyone went through the same situation.

Please advise

Thank you

Chowdhury

[EandH0904 1,184]

As you can't provide proof in 30 days that you have already met, I would think that you would have to wait until after you do meet and then either file a K1 again, or if you decide to get married in Pakistan, to do so at that time and then do a CR1. (Although I suggest you do not marry first time you meet someone) 

 

I don't think they will put a "hold" on your K1 application for months on end. If that was the way it could be done, more people would apply everytime they start talking to one to avoid the long processing times until they meet. 

[Mr&Mrs Chowdhury 3]

3 minutes ago, EandH0904 said:

As you can't provide proof in 30 days that you have already met, I would think that you would have to wait until after you do meet and then either file a K1 again, or if you decide to get married in Pakistan, to do so at that time and then do a CR1. (Although I suggest you do not marry first time you meet someone) 

 

I don't think they will put a "hold" on your K1 application for months on end. If that was the way it could be done, more people would apply everytime they start talking to one to avoid the long processing times until they meet. 

Thank you.

[Mr&Mrs Chowdhury 3]

5 minutes ago, EandH0904 said:

As you can't provide proof in 30 days that you have already met, I would think that you would have to wait until after you do meet and then either file a K1 again, or if you decide to get married in Pakistan, to do so at that time and then do a CR1. (Although I suggest you do not marry first time you meet someone) 

 

I don't think they will put a "hold" on your K1 application for months on end. If that was the way it could be done, more people would apply everytime they start talking to one to avoid the long processing times until they meet. 

 "to do so at that time and then do a CR1"

 

How long does it take for CR1, any idea?

[Ben&Zian 4,398]

Like above... main option is to go meet then come back and refile the petition, or just marry and then file for CR-1 visa. K-1 is looking like 7-9 months, CR-1 is like 12-14 months about. All options are open to you. Shame you wasted the money when the requirements of the K-1 are "free and able to marry" and "met within last two years"....

 

[Roel 7,193]

You will have to start from the scratch. 

Shame, wasted money and time.  

 

Why didn't you read about the most important requirement of k1 visa? 

[Jojo92122 1,924]

One of the major requirements for the I-129F is that the couple MUST have met within the 2 years BEFORE filing.  You do not meet that requirement, so the denial was proper.  Appealing a proper denial is a waste of money and time since you must prove that USCIS made a mistake in denying your I-129F in order to win the appeal.  You can not prove that USCIS made a mistake because the mistake was yours in filing without meeting the requirement to have met within the 2 years before filing the I-129F.

File a new I-129F AFTER you meet her.  You will have to pay the filing fee again. 

Or you can marry when you meet her and file for a spousal visa afterwards.

Edited May 22, 2018 by Jojo92122

[Andrea&Henry 311]

5 minutes ago, Chowdhury+Zaib said:

 "to do so at that time and then do a CR1"

 

How long does it take for CR1, any idea?

cr1 is taking 12-18 months...is a long route for your future spouse can enter the country and received a green card short after her/his arrival.

 

I strongly suggest you to read and fully understand ANY immigration process before attempting to start. I don't think you can appeal on decision like this because you were rightfully denied as MEETING IN PERSON WITHIN 2 YEARS is one of the MOST CRITICAL requirements to file a k1 visa:

 

1. meet in person within 2 years
2. 18 years old or older
3. the petitioner must be a USC

You basically throw away your money and your time. 

[EandH0904 1,184]

4 minutes ago, Roel said:

Why didn't you read about the most important requirement of k1 visa? 

It looks like he was trying to submit a religious exemption initially to get over the not meeting previously. @Chowdhury+Zaib I'm glad you decided to meet first. It's really important. As I said before, you can meet in a halal way (we did) according to Islam and still be able to spend time together. I'm sure you will be happy that you chose to. 

[Mr&Mrs Chowdhury 3]

13 minutes ago, Ben&Zian said:

Like above... main option is to go meet then come back and refile the petition, or just marry and then file for CR-1 visa. K-1 is looking like 7-9 months, CR-1 is like 12-14 months about. All options are open to you. Shame you wasted the money when the requirements of the K-1 are "free and able to marry" and "met within last two years"....

 

Thank you for your time.

[Mr&Mrs Chowdhury 3]

Just now, EandH0904 said:

It looks like he was trying to submit a religious exemption initially to get over the not meeting previously. @Chowdhury+Zaib I'm glad you decided to meet first. It's really important. As I said before, you can meet in a halal way (we did) according to Islam and still be able to spend time together. I'm sure you will be happy that you chose to. 

 

1 minute ago, EandH0904 said:

It looks like he was trying to submit a religious exemption initially to get over the not meeting previously. @Chowdhury+Zaib I'm glad you decided to meet first. It's really important. As I said before, you can meet in a halal way (we did) according to Islam and still be able to spend time together. I'm sure you will be happy that you chose to. 

Thank you.

[geowrian 22,338]

A promise to meet in the future, or meeting at any point after filing cannot address the issue with the current petition. You either have to meet and file a new I-129F, OR (preferably) marry and then start the process for a CR-1 via filing an I-130.

[Mr&Mrs Chowdhury 3]

13 minutes ago, geowrian said:

A promise to meet in the future, or meeting at any point after filing cannot address the issue with the current petition. You either have to meet and file a new I-129F, OR (preferably) marry and then start the process for a CR-1 via filing an I-130.

Thank you, I am going to file I-130 after the marriage. Do not want to go through any other problems

 

[EandH0904 1,184]

13 minutes ago, Chowdhury+Zaib said:

Thank you, I am going to file I-130 after the marriage. Do not want to go through any other problems

 

Just remember that sometimes, getting married on a first visit can cause issues too. It's hard to prove a bonafide marriage with someone whom you have not spent a huge amount of time with. 

[Jojo92122 1,924]

21 minutes ago, Chowdhury+Zaib said:

Thank you, I am going to file I-130 after the marriage. Do not want to go through any other problems

 

If you don't want any problems, then make sure that you do things the normal way as much as possible.  By asking for an exemption from the rules, you are sticking out like a sore thumb and will not likely to be successful.  If you want to be successful with a CR-1, then do what many others have done to be successful.  Learn from what people have done to be successful, and follow their examples.  There are no short cuts (because if there were, we who are knowledgeable would have taken advantage already and try to avoid meeting the requirements like you tried).  Asking for special treatment or thinking your case is unique is not the way to go.  Do what other successful people have done.