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

[bellsbells 3]

14 hours ago, Shiran said:

I am not sure you need to go to that degree. Usually they are satisfied with passport stamps + boarding passes showing trip to country of the partner. I know in my case I didn't have boarding passes for ... reasons, but I did have baggage tags that showed my full name and destination city/country. I never provided any additional proof of my fiancee at the time address. Well, other than her address filled in 129F itself. 

This is good to know, thank you!

[Limey 551]

23 hours ago, bellsbells said:

Sorry to be a pest, but in your experiences, what is the best way to prove that my fiancé was present in his hometown when I went to visit him? I can show my boarding passes and passport stamps, but I stayed with him at his apartment so from his side, I don't know what would be the way to prove that we were together....

I don't think you need to go that far. Your lawyer screwed up for sure by not including sufficient evidence, but the evidence you need isn't too demanding. Think of it this way - the photos prove you have met, but don't prove when. The flights prove you met within the last 2 years. If you can prove you flew there within last 2 years then USCIS are unlikely to conclude that you didn't meet him while you were there.

 

Also, think about the photos you use. Eg if you traveled for Christmas, and you have photos showing you around a Christmas tree etc, use those - 2 bits of evidence that tie together well are more powerful that 2 bits of evidence that don't have such clear ties.

 

Edited May 8, 2019 by Limey

[bellsbells 3]

23 hours ago, Limey said:

I don't think you need to go that far. Your lawyer screwed up for sure by not including sufficient evidence, but the evidence you need isn't too demanding. Think of it this way - the photos prove you have met, but don't prove when. The flights prove you met within the last 2 years. If you can prove you flew there within last 2 years then USCIS are unlikely to conclude that you didn't meet him while you were there.

 

Also, think about the photos you use. Eg if you traveled for Christmas, and you have photos showing you around a Christmas tree etc, use those - 2 bits of evidence that tie together well are more powerful that 2 bits of evidence that don't have such clear ties.

 

Thanks, that all makes sense!

[Erin86 39]

On 5/6/2019 at 10:58 PM, Jorgedig said:

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.  

 

On 5/6/2019 at 10:58 PM, Ben&Zian said:

 

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.

Just to comment on the photos being secondary and dates can be made up- I completely agree. However... we received RFE simply because we didn't date our photos that we sent with the I-129F... my fiance hand wrote dates on the back of a few photos, sent them, and the case was approved. Stupid 1 month delay over nothing... 🙄 USCIS 😤

[SalishSea 17,829]

17 minutes ago, Erin86 said:

 

Just to comment on the photos being secondary and dates can be made up- I completely agree. However... we received RFE simply because we didn't date our photos that we sent with the I-129F... my fiance hand wrote dates on the back of a few photos, sent them, and the case was approved. Stupid 1 month delay over nothing... 🙄 USCIS 😤

And it is possible you wouldn't have gotten an RFE if you had sent no photos at all, like us.

[Erin86 39]

13 hours ago, Jorgedig said:

And it is possible you wouldn't have gotten an RFE if you had sent no photos at all, like us.

Well, that was the only thing we sent as proof of relationship... apparently it was enough for them because I wasn't even asked for any proof at my interview.

[geowrian 22,337]

2 hours ago, Erin86 said:

Well, that was the only thing we sent as proof of relationship... apparently it was enough for them because I wasn't even asked for any proof at my interview.

USCIS does not determine proof of relationship with I-129Fs.

As for the embassy/consulate, the amount of evidence they want to see varies based upon your circumstances and the consulate invovled.

Edited May 10, 2019 by geowrian

[futurecoloradogrl 82]

I wouldn't worry too much about getting a RFE as they seem quite common, and having a lawyer doesn't necessarily guarantee not getting one. 

 

Though I was surprised to be approved recently after reading that many applicants sent in chat logs, passport stamps and boarding passes, since I initially assumed that none of these 'prove' you met and spent time together (could have visited that city without meeting the person, for example). We only sent 10 photos from throughout our relationship, dated on the back and copies of the flight bookings with both our names on for some of the cities we'd visited together and taken the aforementioned photos at - eg. we took a flight to NYC together for the holidays and one of the photos was of us with the big Christmas tree. Is there evidence like this that ties together which you could use? 

[Limey 551]

On 5/11/2019 at 4:29 PM, futurecoloradogrl said:

I wouldn't worry too much about getting a RFE as they seem quite common, and having a lawyer doesn't necessarily guarantee not getting one. 

 

Though I was surprised to be approved recently after reading that many applicants sent in chat logs, passport stamps and boarding passes, since I initially assumed that none of these 'prove' you met and spent time together (could have visited that city without meeting the person, for example). We only sent 10 photos from throughout our relationship, dated on the back and copies of the flight bookings with both our names on for some of the cities we'd visited together and taken the aforementioned photos at - eg. we took a flight to NYC together for the holidays and one of the photos was of us with the big Christmas tree. Is there evidence like this that ties together which you could use?

 

Chat logs etc don't prove you've met in past 2 years, which is what is required for the i129F. We never sent chat logs either therefore, as they seemed irrelevant. We just a few photos of us together on various trips, and flight documents, passport stamps etc relating to those trips. Chat logs seem to be popular with people who've pursued a largely virtual relationship, with very little physical face time, to show the depth/intensity of the relationship, but they are only really relevant at the interview stage.

I think the USCIS know its tough to prove you met during a specific trip, but if you can prove that you've traveled to the part of the US where your partner is, or that they've traveled to your country, USCIS are likely to give you the benefit of the doubt and assume you did meet in person during that trip, especially if you also supply photos with you together. As you said, if you have photos of both of you together at a Christmas tree in NYC, and show that you shared flights to NYC on specific dates, its pretty indisputable that you've met the requirement to have met within the past 2 years.

Edited May 14, 2019 by Limey