RFE (Request for additional Evidence)

[Bella0716 1]

Good day!
It bothers me a lot! I checked the USCIS site and this is what they posted about RFE. We received our RFE that was April 23, 2020 and they give us 2months to response to it. Our due time will be July 9, 2020. We are not completely done for our evidence. My question is, are those I-129f included on that 60days extensions to response the RFE?

 

Please I really need the answers! It confused me because it didn’t say all RFEs but they didn’t specify the RFEs can benefit on that.

[Allaboutwaiting 2,503]

It seems the only requirement is for the RFE to be issued between March 1 and July 1, 2020. There is no alert from the USCIS that specifies the kind of petition, so you can assume an RFE for an I-129f is covered.

[Bella0716 1]

I hope that I-129f is covered. It stressing me out because our lack of evidence is picture together with my fiancé. We have pictures together but this was 3years ago. The USCIS needs the latest pictures that covered 2years ago. He really wants to come visit Philippines again just to take pictures together just to comply what they needs but this covid-19 ruined it. No tourists allowed to enter in the Philippines as of the moment...

[Allaboutwaiting 2,503]

Did they ask specifically for photographs?

[payxibka 10,045]

2 hours ago, Bella0716 said:

I hope that I-129f is covered. It stressing me out because our lack of evidence is picture together with my fiancé. We have pictures together but this was 3years ago. The USCIS needs the latest pictures that covered 2years ago. He really wants to come visit Philippines again just to take pictures together just to comply what they needs but this covid-19 ruined it. No tourists allowed to enter in the Philippines as of the moment...

His plan to come to visit now does NOT comply with the RFE.  The evidence needs to be for the time period of two years BEFORE you filed the petition, not after. 

 

Please post exactly what the RFE says ( word for word) because pictures are not a requirement. 

Edited June 8, 2020 by payxibka

[Bella0716 1]

Yes they’re asking pictures together, conversations until now, plane tickets that he traveled with me or during his visit in the Philippines, hotel bookings, and etc.! 

[payxibka 10,045]

56 minutes ago, Bella0716 said:

Yes they’re asking pictures together, conversations until now, plane tickets that he traveled with me or during his visit in the Philippines, hotel bookings, and etc.! 

When was your last meeting? 

 

Did you each submit statements of intent to marry?

 

What evidence did you actually submit?

[Cody&Razely 134]

5 hours ago, Bella0716 said:

Yes they’re asking pictures together, conversations until now, plane tickets that he traveled with me or during his visit in the Philippines, hotel bookings, and etc.! 

There does not seem to be anything in your RFE that specifically states "photo's together" as their main objective, although helpful photo's together would not substantiate the USCIS main concern and that seems to be Meeting in person time line, unless you have those photo's and somehow captured the time and date from an official source in them as well such as you both holding a news paper clearly showing the date stamp or something along those lines lol. 

 The USCIS is looking for multiple sources of confirmation. So the Main question to you is:

1. DID you and your fiance meet in together in person, face to face Between the dates of Jan. 22nd, 2018 and Jan. 21st, 2020???

2. Do you both fully intend to marry within 90 days of entry into the US?

 

The the second question takes a back seat to the first as, if the first did not happen then your petition is null and void.

 

Though if the answer to Question #1 is Yes, what are the dates? You should have a visa stamp for that if meeting in the philippines or if meeting abroad, you should both have visa stamps to/from the same country at the same time, etc... additionally, you should have photo's of you two together, or your fiance with your family, friends, near where you live, etc... as well as plane tickets, online itineraries, receipts, etc..... 

 

For additional evidence or relationship and/or intent to marry, if you have been in communication with each other there should be available phone bills, call logs, chat history, receipts of loads/calling cards, monetary support receipts/transaction evidence, gift receipts, etc.... there is a ton of sources of evidences you can draw from, it would be hard to believe if there is not a plethora after 2-3+ years together.   

 

And for Intent to marry, at the very least it should be easy enough to submit affidavits from both of you which you can find templates all over the internet, just download, print, sing and date, scan and send, this can be done at anytime if it was not initially submitted as it still always applies that you two intend to marry each other now as much as your submission date.

 

But in summary, if you cannot prove first and foremost that you have been in each others physical presence in the 2 year period immediately preceding the filing date of your i-129f then nothing else will matter as that is specifically required before an i-129f can be valid. 

[Bella0716 1]

He visited Philippines October 22, 2017.! We didn’t submitted an intent to marry. He submitted the main requirements but we are lacking the support evidence that’s why we received an RFE.. 

[Bella0716 1]

That’s the problem! That’s why we need to meet each other because we can’t find his plane tickets, hotel booking. Actually, I worked in the states as an Internship program it’s 1year work and he was my boss. I didn’t expect that he’s going to marry me. I have the contract with his name and signed. We had our relationship June 2016 and we live together like 3months. I left America August 2017 and he followed October 2017!. The first filed of the K1 visa was 2019 but  it was denied because there is a mistake of the credit card number that his submitted. So, the second time filed was between November or December and USCIS received our filed January 23, 2020 it means our pictures was not valid anymore.

 

We forgot to send the Intent to marry. I already made a screenshot photos of our conversations, sending money receipts, and everyday we always do a FaceTime calls. 

[Cody&Razely 134]

7 minutes ago, Bella0716 said:

He visited Philippines October 22, 2017.! We didn’t submitted an intent to marry. He submitted the main requirements but we are lacking the support evidence that’s why we received an RFE.. 

Yeah, so unfortunately due to the fact that the time of seeing each other in person exceeded the 2 year allotment prior to submitted the i-129f, that essentially fails to meet the requirements to make the petition valid. Meaning that because the conditions of the petition where not fulfilled prior to submitting it, then the petition is void. There is a request for waiver of the requirement to have met in person in 2 years prior to submitting though, I am not sure you would be able to cite Covid as a hardship, as the fact is there was no travel ban all the way up to the time you filed the petition. Maybe others on here can add some possible solutions but, I do not see any from my point of view. You did not meet the requirements of the petition and therefore do not have the evidence to give. 

[Bella0716 1]

Exactly! That’s why we need to meet again. That’s the problem. I am very frustrated right now! Actually, the RFE of us is very easy if there’s no covid because he can fly Philippines anytime but due to covid, all tourist is not allowed to enter Philippines as of the moment. Our due time to response is July 9 and we are not yet done. When I read the 60 days extension from the USCIS updates, I was very enlightening but there’s no specific RFE. That’s why I am here in this site to ask if the I-129f is included on the 60days extention? If yes, it’s the answer prayers! Because hopefully next month the travel banned in the Philippines will Lift by our president. I’m very stressed

[Cody&Razely 134]

3 minutes ago, Bella0716 said:

Exactly! That’s why we need to meet again. That’s the problem. I am very frustrated right now! Actually, the RFE of us is very easy if there’s no covid because he can fly Philippines anytime but due to covid, all tourist is not allowed to enter Philippines as of the moment. Our due time to response is July 9 and we are not yet done. When I read the 60 days extension from the USCIS updates, I was very enlightening but there’s no specific RFE. That’s why I am here in this site to ask if the I-129f is included on the 60days extention? If yes, it’s the answer prayers! Because hopefully next month the travel banned in the Philippines will Lift by our president. I’m very stressed

Yes, it covers ALL RFE's. However, there is no telling if the USCIS will validate a visit Post i-129f submission as fulfilling the requirements or not, but you could always try and see.

[Allaboutwaiting 2,503]

8 minutes ago, Bella0716 said:

Exactly! That’s why we need to meet again. That’s the problem. I am very frustrated right now! Actually, the RFE of us is very easy if there’s no covid because he can fly Philippines anytime but due to covid, all tourist is not allowed to enter Philippines as of the moment. Our due time to response is July 9 and we are not yet done. When I read the 60 days extension from the USCIS updates, I was very enlightening but there’s no specific RFE. That’s why I am here in this site to ask if the I-129f is included on the 60days extention? If yes, it’s the answer prayers! Because hopefully next month the travel banned in the Philippines will Lift by our president. I’m very stressed

The problem is that the USCIS is very specific about the meeting requirement: must have happened in the 2 years before the petition was filed.

I think your best bet is both meeting again AND asking for a hardship waiver explaining why it was simply impossible for you to meet between 2017 and 2019. (Remember the hardship should be for the petitioner, not the beneficiary).

[Bella0716 1]

Thank you so much for helping me and answering mg question. We will try the waiver as well