RFE (Request for additional Evidence)

[Bella0716 1]

So, are we going to start again? And need to file a waiver that states an multi filer? 

[Cody&Razely 134]

25 minutes ago, Bella0716 said:

So, are we going to start again? And need to file a waiver that states an multi filer? 

That seems to be your most probable coarse of action for success, however, ultimately it is up to you and your fiance. I would discuss it amongst yourselves and do some research. alternatively either of you may contact a reputable immigration attorney (but again, even in that do your homework). 

I'll let others chime in with their thoughts though...... 

[Talako 785]

8 hours ago, Cody&Razely said:

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. 

 

This

[payxibka 10,045]

8 hours ago, Cody&Razely said:

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)

 

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)

 

 

Why 3rd?  It would be 2nd within two years.

[Cody&Razely 134]

there is no stipulation on the i-129f for time frame of filings it just states "ever".

Does the first one denied for no payment not count?

[payxibka 10,045]

2 minutes ago, Cody&Razely said:

there is no stipulation on the i-129f for time frame of filings it just states "ever".

Does the first one denied for no payment not count?

First attempt was rejected and never accepted as a filing. 

 

Educate yourself on the multiple filings, there are two possible waiver situations. 

 

1)  second within two years 

2) on your third or more 

[Cody&Razely 134]

14 hours ago, Paul & Mary said:

And when it is refiled he is now a multiple filer.

oooohhhhh, Consider Myself and "Paul & Mary" "Educated" Sir! Thank you  

[Bella0716 1]

The first filed was 2019 and got denied because of the wrong credit card number that my F fill.out the form. The second filed was between November or December and they received it January 2020 and we received the NOA1 on March... Instead of waiting for NOA2, we received the RFE because the photo are expired on the 2yr requirements. 

So, the waiver that we need is the Second filing within 2years right.?