I129F denied due to 2 year meeting requirement, next steps for person with flying phobia? (merged)

[geowrian 22,337]

12 hours ago, devusr said:

I have severe flying phobia and even with medical evidence and the financial support I had given (30K+ USD), they denied my I-129F application.

The financial stuff had no bearing on why you were unable to meet in person.

I generally try to assume the best, but realize that for somebody who is trained and required to look at things with a skeptic mind - like a CO or IO - it would likely look like throwing around money to get get your way. US immigration (well, at least family-based immigration) doesn't work that way...there is equal consideration somebody who never provided a cent for support and one who spent hundreds of thousands of dollars to support them and their family. It's just not a factor they care about, both for the meeting in person requirement and in the bona fide relationship requirement.

 

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Is this a good route? Will USCIS accept the marriage in Bahamas?

A legal marriage in the Bahamas that complies with US law (i.e. somebody who is married can't go abroad to marry a second spouse in a country that allows it and then use that to bring them to the US) would be fine. No issue there.

 

8 hours ago, devusr said:

It is a family friend that we have known for 30+ years. In those countries, that's how it works.

No idea how the CO will view this, but just be aware of the possibility that if it looks like the marriage was set up for her or her family to later immigrate, then they will be scrutiny. I only say this because of the large amount of money + being appearently being closely involved for 30+ years.

 

7 hours ago, devusr said:

Even if we do get married in Sri Lanka, they want proof of a "bonafide" marriage. The certificate acknowledged by a sovereign nation like Sri lanka should be more than enough!! So it seems nothing is really guaranteed. It's really ridiculous.

Legal marriage does not mean a bona fide marriage. The certificate only means it is a legal marriage.

If somebody said "give me $20,000 and you can marry me and get a US visa", that would be clear fraud to engage in that arrangement. But they could get a marriage certificate no problem.

 

7 hours ago, devusr said:

The company that I work for in the US may allow me temporarily to work remotely from Sri Lanka for about a 1-2 years. If I move their, marry the beneficiary, can I file a DCF? Will they waive the minimum 6-month living requirement there?

DCF is only generally available in countries with a USCIS field office (https://www.uscis.gov/about-us/find-a-uscis-office/international-immigration-offices). As you can see, this is now limited to only a very, very select few countries now.

The 6 month piece is a requirement on top of that. It was never intended to be meant for short term visitors.

Edited July 23, 2020 by geowrian
"consideration" is appearently very hard to spell

[devusr 41]

41 minutes ago, JFH said:

Who paid her bills before she was introduced to you? 

She had her job. It is 2 sister's and parents living together (parents old and unemployed). They paid the bills (barely) and struggled a bit financially.

[milimelo 4,476]

8 minutes ago, devusr said:

She had her job. It is 2 sister's and parents living together (parents old and unemployed). They paid the bills (barely) and struggled a bit financially.

Average YEARLY income in Sri Lanka is under $2-3000 so what did you pay $30k for for 4 people?

[devusr 41]

So there are 2 ways:

1) I will go there, marry her, find a joint place to stay, create a Sri Lankan joint bank account there, and file the CR1. I might even file for Sri Lankan dual citizenship if it doesn't take too long. Sri Lanka usually issues 6-month VISAs to US Citizens and I can always extend the VISA. She may get pregnant during this time or give birth in Sri Lanka if this process takes 1+ years but I read that a child born abroad where one of the parents is a US citizen is automatically considered a US citizen. Once approved, I will come with her.  This is the easiest option for me as it causes great deal of health/anxiety issues when flying.

 

2) I will go there once, marry her, come back after 3 weeks. Then file the CR1 and then every 2 months, fly her to Bahamas...hopefully at that point the COVID restrictions are off.

 

 

Which option is best?

[devusr 41]

15 minutes ago, milimelo said:

Average YEARLY income in Sri Lanka is under $2-3000 so what did you pay $30k for for 4 people?

Bought a lot of jewelry for her, new IPhone, got a new place of rental, and sent 5 luxury care packages (food and clothing) from the US, and more. We have been on Facetime video 24/7 since the beginning even when sleeping. She has sent me clothes and a large cross stitch of me and my cat that took at least 2 months of hard work and dedication to make.

Edited July 22, 2020 by devusr

[devusr 41]

We had documented all these in the I-129F but still it got denied. I feel that this process is just treating people as a bunch of numbers on a chart.....it takes the "human" aspect of reasoning and common sense out of it.

[Lemonslice 4,834]

2 minutes ago, devusr said:

We had documented all these in the I-129F but still it got denied. I feel that this process is just treating people as a bunch of numbers on a chart.....it takes the "human" aspect of reasoning and common sense out of it.

Yes, that's normal since you didn't meet in person in the last two years.  Don't feel too defeated, when there's a will, there's a way.

[geowrian 22,337]

If the requirement is x and you do y, the only possible result is denial.

Common sense and reasoning is that one must meet their fiance/fiancee, especially when it is a requirement to do so.

[Just Paul 4,595]

15 minutes ago, devusr said:

We had documented all these in the I-129F but still it got denied.

You only had to meet her one time to get the USCIS I-129F approved.

[JFH 12,190]

41 minutes ago, devusr said:

but I read that a child born abroad where one of the parents is a US citizen is automatically considered a US citizen.

 

Not necessarily. There is still the physical presence requirement. How long have you lived in the US? 

[devusr 41]

6 minutes ago, JFH said:

Not necessarily. There is still the physical presence requirement. How long have you lived in the US? 

20 years. Citizen since 2006.

[JFH 12,190]

5 minutes ago, devusr said:

20 years. Citizen since 2006.

That qualifies then.

 

But first meet her and find out if you actually get along. You are putting the cart before the horse here by thinking about the children you intend to have with her when you haven’t even met her yet. 

Edited July 22, 2020 by JFH

[Boiler 45,462]

I have been to Sri Lanka.

 

That is a LOT of money.

 

Red flags flying. Tales of the Green Card?

[devusr 41]

It's 55 laks...price of a new Hyundai car there. Do you know how much jewellery costs at Vogue Jewelers? I bought her the best. I also sent "organic" food, that costs around $1200-2000 USD each time. Fully furnished a 2 room rental from scratch with brand new A/C units......I guess I'm not allowed to do that? What kind of ridiculousness has the world come to.

 

 

Edited July 22, 2020 by devusr

[Boiler 45,462]

I was there for 3 weeks and remember how much food cost, and I of course was eating out.

 

I really liked Sri Lankan food btw.

 

I ended up in Hospital for 2 nights, a small operation, think the bill was around $1,000.