RFE for meeting in last 2 years: does this mean our lawyer messed up?

[bellsbells 3]

After waiting over 4 months since the first NOA for our K-1, I received an RFE asking for proof of meeting in last two years. I'm pretty surprised that this happened, because we hired an immigration lawyer to submit the application for us, and it seems to me that he should have included everything necessary so we could have avoided this kind of delay. He never asked us for anything but the dates of our last meetings and photos of us together. Does the RFE mean that he didn't do his job properly, or is this standard practice? Thanks.

[Ben&Zian 4,398]

3 minutes ago, bellsbells said:

After waiting over 4 months since the first NOA for our K-1, I received an RFE asking for proof of meeting in last two years. I'm pretty surprised that this happened, because we hired an immigration lawyer to submit the application for us, and it seems to me that he should have included everything necessary so we could have avoided this kind of delay. He never asked us for anything but the dates of our last meetings and photos of us together. Does the RFE mean that he didn't do his job properly, or is this standard practice? Thanks.

 

Lawyers tend to just complicate things. Proof of meeting together is things like passport copies showing entry/exit dates, hotel receipts, boarding passes for planes, receipts of purchases while there or credit card statements.

 

Photos are merely secondary evidence. And just telling them dates doesn't prove anything.

 

So seems your lawyer clearly doesn't have any idea what was to be submitted initially.

[SalishSea 17,836]

Not surprising at all.  Photos are considered secondary evidence because in most cases, it is not possible to "prove" the date they were taken.  They show you have indeed met and been together in person, but not WHEN.

 

Lawyers often cause delays and RFEs. You've paid them, and they don't have any personal stake in the outcome or timeline. I totally recommend completing your process as DIY by reading and studying as much as you can here as well as on the USCIS website.

 

Best primary evidence of meeting within two years of filing is passport stamps and boarding passes.  

[Ben&Zian 4,398]

~self delete~

Edited May 6, 2019 by Ben&Zian

[Limey 551]

You generally need much more evidence than just dates and photos. He should have asked you for these. Typically most people here will submit

 

plane tickets, boarding passes, passport stamps, receipts for hotels, restaurants. Any dated photograph is helpful too - eg if its of you both at a sporting event that occurred on a particular day that is useful, I also submitted a photo of us at an attraction where they print the attractions branding and the date on the picture. The more varied evidence you provide, the better.

 

You'd be amazed how much better many of us do here than a lawyer will. Many lawyers don't have experience of the process and don't have the time to read and learn, and they don't have the same urgency that we have to make sure its correct first time.

Edited May 6, 2019 by Limey

[SalishSea 17,836]

Btw, your timeline says you're already married?  But you have petitioned for an alien fiancé?

[Ben&Zian 4,398]

1 minute ago, Jorgedig said:

Btw, your timeline says you're already married?  But you have petitioned for an alien fiancé?

 

Thats what I saw too so was wondering if they were actually asking for a friend or not hah.

[bellsbells 3]

Thanks everyone! I just updated my timeline, as it was an old one from years ago when I petitioned for my now ex-husband. My current fiancé is also French.

For my ex, I too care of all of the paperwork myself and it was a lot of work but everything went smoothly, thanks in no small part to the help I got on this forum!

I now regret hiring a lawyer at all. I was told that immigration lawyers know what they are doing and are more effective at getting the visa done as quickly as possible. I'm now learning the hard way that this isn't true. I'll be taking care of the rest of the process myself. 

BTW, aside from plane tickets, photos, hotel reservations, and passport stamps, what does everybody think about affidavits? Are they effective and worth including?

Also, I didn't save my boarding passes (stupidly). Are e-ticket confirmations sufficient, along with passport stamps?

Edited May 6, 2019 by bellsbells

[Ben&Zian 4,398]

2 minutes ago, bellsbells said:

Thanks everyone! I just updated my timeline, as it was an old one from years ago when I petitioned for my now ex-husband. My current fiancé is also French.

For my ex, I too care of all of the paperwork myself and it was a lot of work but everything went smoothly, thanks in no small part to the help I got on this forum!

I now regret hiring a lawyer at all. I was told that immigration lawyers know what they are doing and are more effective at getting the visa done as quickly as possible. I'm now learning the hard way that this isn't true. I'll be taking care of the rest of the process myself. 

BTW, aside from plane tickets, photos, hotel reservations, and passport stamps, what does everybody think about affidavits? Are they effective and worth including?

Also, I didn't save my boarding passes (stupidly). Are e-ticket confirmations sufficient, along with passport stamps?

 

Affidavits can help but more so in proof of relationship, not meeting.

 

Also I didn't have the boarding passes themselves either, I actually just showed the itenerary and it was enough but the more the better.

 

And  lawyers really just get in the way and slow things down. USCIS contacts them then they contact you and then back to them and then to USCIS where are you can go straight to the source. Plus lawyers have no influence on USCIS or the embassy. So really they don't help at all but take your money haha.

[SalishSea 17,836]

1 minute ago, bellsbells said:

I was told that immigration lawyers know what they are doing and are more effective at getting the visa done as quickly as possible.

Nope.  Lawyers cannot make the process go faster.

 

2 minutes ago, bellsbells said:

BTW, aside from plane tickets, photos, hotel reservations, and passport stamps, what does everybody think about affidavits? Are they effective and worth including?

IMO, no.

 

2 minutes ago, bellsbells said:

Also, I didn't save my boarding passes (stupidly). Are e-ticket confirmations sufficient, along with passport stamps?

Any confirmation or itinerary simply confirms that a ticket was purchased, not that you travelled.  

 

France is a low-fraud country, although as you petitioned someone previously, your case may be scrutinized a bit more closely.  My husband is also from a low-fraud country.  We only sent passport stamps and a list of the dates of all of our visits (by the time we filed, there were probably 7-8 visits). 

[Carpe Vinum 2,327]

Boarding passes and passport stamps are primary evidence. Photos are secondary. Good Luck)

[bellsbells 3]

Unfortunately I don't have boarding passes, which I'm now kicking myself for not saving. I called Delta and they can only provide receipts, not copies of the boarding passes. One of the trips was to visit Xavier in Shanghai, so one would think the Chinese visa and the passport entry and exit stamps are even better evidence than a boarding pass, no?

[SalishSea 17,836]

1 hour ago, bellsbells said:

Unfortunately I don't have boarding passes, which I'm now kicking myself for not saving. I called Delta and they can only provide receipts, not copies of the boarding passes. One of the trips was to visit Xavier in Shanghai, so one would think the Chinese visa and the passport entry and exit stamps are even better evidence than a boarding pass, no?

You can't send what you don't have.  Like I said, we didn't send boarding passes.  Just the passport stamp pages with a list of our corresponding visits.  

[payxibka 10,045]

2 hours ago, bellsbells said:

Unfortunately I don't have boarding passes, which I'm now kicking myself for not saving. I called Delta and they can only provide receipts, not copies of the boarding passes. One of the trips was to visit Xavier in Shanghai, so one would think the Chinese visa and the passport entry and exit stamps are even better evidence than a boarding pass, no?

Yes

[Pitaya 2,577]

2 hours ago, bellsbells said:

Unfortunately I don't have boarding passes, which I'm now kicking myself for not saving. I called Delta and they can only provide receipts, not copies of the boarding passes. One of the trips was to visit Xavier in Shanghai, so one would think the Chinese visa and the passport entry and exit stamps are even better evidence than a boarding pass, no?

They are all parts to the puzzle that you present to the  USCIS adjudicator to prove your case. The more pieces of the puzzle you have the better. What you have is  certainly better than nothing, and then it also depends on what other puzzle pieces (evidence) you have.