K1. with RFE re: 2 years requirement

[ezzie 7]

Hello everyone. I hope someone can answer my questions. This K1 visa is not for me, but for my son's fiancée.

 

My son (USC) filed for K1 for his fiancée, who has been his girlfriend since he was about 13 yrs old. They're both 26 yrs old now.

The filing date of the petition was on August 30, 2021, and they have not seen each other for 2 years before that because of Covid restrictions. My son also was working and graduated from College ( Oct 2021). 

Today, we received an RFE.

Has anyone used Covid as a reason for the missing 2 year period?

[Lil bear 4,219]

2 minutes ago, ezzie said:

Hello everyone. I hope someone can answer my questions. This K1 visa is not for me, but for my son's fiancée.

 

My son (USC) filed for K1 for his fiancée, who has been his girlfriend since he was about 13 yrs old. They're both 26 yrs old now.

The filing date of the petition was on August 30, 2021, and they have not seen each other for 2 years before that because of Covid restrictions. My son also was working and graduated from College ( Oct 2021). 

Today, we received an RFE.

Has anyone used Covid as a reason for the missing 2 year period?

Wont work. They will need to meet snd refile 

[ezzie 7]

They will meet in January 2023. This has been scheduled long before they got the RFE. The deadline on the RFE is February. Do we refile?

[OldUser 6,709]

@ezzie if their relationship is so long, they should just marry and go via spousal visa route

[SalishSea 17,836]

11 minutes ago, ezzie said:

Hello everyone. I hope someone can answer my questions. This K1 visa is not for me, but for my son's fiancée.

 

My son (USC) filed for K1 for his fiancée, who has been his girlfriend since he was about 13 yrs old. They're both 26 yrs old now.

The filing date of the petition was on August 30, 2021, and they have not seen each other for 2 years before that because of Covid restrictions. My son also was working and graduated from College ( Oct 2021). 

Today, we received an RFE.

Has anyone used Covid as a reason for the missing 2 year period?

Your son is not eligible.   The two year meeting requirement is an absolute.   If Covid could be used as a legitimate excuse, thousands would do so.   
 

He will need to meet up and refuel, or marry and file for a spousal visa, which is a better visa anyway.

[SalishSea 17,836]

7 minutes ago, ezzie said:

They will meet in January 2023. This has been scheduled long before they got the RFE. The deadline on the RFE is February. Do we refile?

They can refile with a new petition, new evidence, fee etc after meeting.   A meeting in January will obviously not satisfy the RFE for this petition.   

[ezzie 7]

Thanks for the replies. truly appreciate them.

 

He is actually going home to Manila in January 2023 to formally ask the parents' blessing for marriage. They have known each other for years, and it's kind of like an expectation for both families that they will, after graduating and having stable jobs.

 

Q: If they decide to get married in January 2023 ( I do not know yet if they will, I am just speculating, since they have long waited for this), how do we proceed? Do we just inform USCIS that we are changing the K1 to CR1?

Edited November 15, 2022 by ezzie

[Caro1 78]

1 hour ago, ezzie said:

Q: If they decide to get married in January 2023 ( I do not know yet if they will, I am just speculating, since they have long waited for this), how do we proceed? Do we just inform USCIS that we are changing the K1 to CR1?

they will have to file I-130 with uscis - it can be filed online as well