RFE (Request for additional Evidence)

[payxibka 10,045]

38 minutes ago, Bella0716 said:

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

In the entire time I have been on this site, there have only been one or two waivers.  You will need to meet and start the petition process all over again 

[Bella0716 1]

That’s sucks 😢. I don’t know what else I should do. Frustrated and stressed for this process. I don’t want to start all over again. 😭😭😭

[Bella0716 1]

If there’s no covid, we already respond the RFE.! We are just waiting for the travel ban in the Philippines. I need more months to wait for it! I can’t think normally right now. 

[Allaboutwaiting 2,503]

1 minute ago, Bella0716 said:

If there’s no covid, we already respond the RFE.! We are just waiting for the travel ban in the Philippines. I need more months to wait for it! I can’t think normally right now. 

Even if you were able to visit right now, you wouldn't fulfill the requirement. Therefore the need for a waiver. 

And if you file again, you need to visit anyway. 

[payxibka 10,045]

7 minutes ago, Bella0716 said:

If there’s no covid, we already respond the RFE.! We are just waiting for the travel ban in the Philippines. I need more months to wait for it! I can’t think normally right now. 

And if you would have responded with evidence of a "new" meeting in 2020 then your petition would have already been denied because you were not eligible to file the petition when you did

[Bella0716 1]

What if I will send both pictures 2017 and 2020 and have a support explaination why we send both.?

[Cody&Razely 134]

Your USC Fiance should be researching, knowledgeable and driving all of this mostly; though with your support should you choose to help him (at least for the opening stages of the process such as the petition). Considering that the i-129f is completely for a USC who would like to get married to a foreigner inside the US with hopes of adjusting status to a permanent resident. It is essentially the USC asking permission to the US Government at the beginning stages. Just make sure he is as engaged, communicating and driving this equally if not more than you are, if he is not and seems aloof about all of this and you are primarily driving this from abroad with poor communication and less access to the same resources, you may need to re-evaluate. Just a thought. 

Edited June 9, 2020 by Cody&Razely

[Allaboutwaiting 2,503]

1 minute ago, Bella0716 said:

What if I will send both pictures 2017 and 2020 and have a support explaination why we send both.?

Still not fulfilling the requirement.

Why didn't you meet in two years?

[Cody&Razely 134]

Also, just a note: Someone correct me if I'm wrong please as I do not want to give wrong information in this area and just thinking out loud. But does the i-129f have to be pulled by the petitioner (before it is outright rejected i.e. past the RFE date) to have any chance of re-filing again in the future after fulfilling the requirements?

on a side note, I guess one could always request a hardship waiver (depending on the situation, if it is justifiable) and extend the process longer to buy time, although I would think that also would carry, running the risk of a sooner denial if not approved.

 

Disclaimer: as I stated, just thinking out loud, if someone with more knowledge could speak to that.

[Just Paul 4,595]

The best way to fix this is to meet, gather the evidence that you now realize that they will want and refile with all of the the requirements, like the letters of intent to marry.  He is going to need to be involved more in this process and make sure that the credit card is good or the funds are in the account.

2 minutes ago, Cody&Razely said:

Also, just a note: Someone correct me if I'm wrong please as I do not want to give wrong information in this area and just thinking out loud. But does the i-129f have to be pulled by the petitioner

That would be best.   And when it is refiled he is now a multiple filer.

[payxibka 10,045]

21 minutes ago, Paul & Mary said:

The best way to fix this is to meet, gather the evidence that you now realize that they will want and refile with all of the the requirements, like the letters of intent to marry.  He is going to need to be involved more in this process and make sure that the credit card is good or the funds are in the account.

That would be best.   And when it is refiled he is now a multiple filer.

A a multiple filing waiver is a helluva lot easier to get than a hardship waiver 

[Just Paul 4,595]

2 minutes ago, payxibka said:

A a multiple filing waiver is a helluva lot easier to get than a hardship waiver 

Absolutly easier -  OP the mulitple filer waiver is essentially automatic.  I've only seen one hardship waiver for a K1.

[Bella0716 1]

Hmm what does it mean? Explain further please. Right now can’t absorb everything. Please summary of everything. Multiple waiver? 
First, how many kinds of waiver does the USCIS have.? 

[payxibka 10,045]

10 minutes ago, Bella0716 said:

Hmm what does it mean? Explain further please. Right now can’t absorb everything. Please summary of everything. Multiple waiver? 
First, how many kinds of waiver does the USCIS have.? 

Your best course of action is to stop the petition right now.  Meet again in person and refile.  You could refile and have your Visa before the hardship was approved,  because it could take a year for tha hardship to be approved.  

[Cody&Razely 134]

42 minutes ago, Bella0716 said:

Hmm what does it mean? Explain further please. Right now can’t absorb everything. Please summary of everything. Multiple waiver? 
First, how many kinds of waiver does the USCIS have.? 

1. Your USC Fiance contacts the USCIS and informs them the pre-requirements for the i-129f were not met (i.e. no meeting within 2 years, but had met before as the evidence states and needs the current i-129f pulled out and canceled, in order to meet the requirements and file anew after completing the requirements)

2. Your USC Fiance, does a lot of research and homework and gets deeply involved in building his own knowledge base of the k-1 visa over all!

if after doing so he really wishes to pursue a K-1 - 

3. Meet in person and document it, i.e. keep all proofs

4. Your USC Fiance Compiles ALL required  documentation and evidences

5. Your USC Fiance will have now filed for an i-129f more than twice, which means the section in the i-129f where it asks "have you filed an i-129f two or more times in the past" he will then mark the box "Yes" (meaning he is a "multiple filer" and follow the i-129f instructions for multiple filer waiver request. (he will need to explain the circumstances)

5. Your USC Fiance files the new (3rd) i-129f within the allotted 2 years, after meeting again (hopefully very soon after this time) and pays the fee's (I strongly recommend a money order placed in the package paper clipped to the first page of the i-129f and filled out correctly)

6. You both allow the process to start all over again

7. Your USC Fiance stays in close communication with you and drives the process himself until the NVC stage at which time you two will maintain a joint effort.

 

Regarding the other waiver mentioned "hardship waiver for not meeting in person" this would be something like if there was a travel ban for 2 years non-stop prior to submitting or if you both are part of a culture/religion which requires both people not to meet, or at least not alone, etc... or if your fiance had financial hardship (however in that case it would be hard to prove evidence of support as well), as mentioned it is not an easy thing to get signed off on and may not really apply. 

IF you think a hardship waiver is applicable, you might try getting some advice on the circumstances, by relaying it here and asking advice or speaking with an attorney. But as already said this is most likely not the best coarse of action. 

 

Edited June 9, 2020 by Cody&Razely