The I-129F packet for my fiancée contains a mistake.

[jflopez 2]

A correction needs to be made to page 8 of I-129F: "Have you and your fiancé(e) met in person during the two years immediately before filing this petition?" Even though we were unable to meet due to COVID-19, I mistakenly marked it as "yes."

 

I hope this is the right place for me to ask for some advice on what to do in this situation. Since I am a deaf person, English isn't my first language. In essence, I misread the specific requirements for filing the I-129F. Upon reviewing my I-129F packet, I realized that I did not meet the two-year requirement for meeting in person. Proofs I provided included airline tickets, passport stamps, and photos of my recent Guatemala trip when I visited my fiancée on October 20. Due to the COVID-19 pandemic, we were not able to meet in person for the prior two years. In my packet, I didn't include the request due to the hardship in my situation. USCIS received the case on October 31, 2022 and mailed it to my home address with the receipt number. Due to the lack of meeting in person within 2 years, my application would obviously be rejected immediately. How can I request a waiver from USCIS? In addition to my deafness, I also lost a job as a result of the COVID-19 pandemic and had to receive Social Security Disability and unemployment benefits. Instead of waiting for the RFE (Request for Evidence) letter and taking the chance of being denied, I think it makes sense to correct my mistake. Your advice on how to submit the waiver request for 2-years in-person meetings would be greatly appreciated.

[powerpuff 6,697]

Your case doesn’t qualify for a waiver.

 

The only case I have ever heard of here receiving a waiver was for a petitioner who had a severe disability to the point where he was permanently bed bound. His fiancé tried to obtain a tourist visa to come to the US to fulfill the meeting requirement for I-129f but was denied. This attempt was also included as evidence that they have exhausted every possible way to meet.

 

As you can see the bar is extremely high. COVID has not been a valid excuse for a waiver, this has been asked before on this forum and so far we have not heard anybody use that successfully. Moreover, COVID restrictions are non existent in most countries and international travel has long resumed back to ‘normal’.

 

I advise you to withdraw your current petition and find a way to meet. With 16 month processing for I-129f, you don’t want to be wasting any more time.

 

 

Edited November 25, 2022 by powerpuff

[jflopez 2]

1 minute ago, powerpuff said:

Your case doesn’t qualify for a waiver.

 

The only case I have heard of here receiving a waiver was for a petitioner who had a severe disability to the point where he was permanently bed bound. His fiancé tried to obtain a tourist visa to come to the US to fulfill the meeting requirement for I-129f but was denied. This attempt was also included as evidence that they have exhausted every possible way to meet.

 

As you can see the bar is extremely high. COVID has not been a valid excuse for a waiver, this has been asked before on this forum and so far we have not heard anybody use that successfully. Moreover, COVID restrictions are non existent in most countries and international travel has long resumed back to ‘normal’.

 

I advise you to withdraw your current petition and find a way to meet. With 16 month processing for I-129f, you don’t want to be wasting any more time.

 

 

In this case, what is the procedure for withdrawing my petition? My current petition would not be refunded if I already submitted it, right?

[powerpuff 6,697]

22 minutes ago, jflopez said:

In this case, what is the procedure for withdrawing my petition? My current petition would not be refunded if I already submitted it, right?

I would send a letter (with tracking) to the California service center stating your name, DOB, case number, beneficiary info and state that you’re withdrawing your petition. You don’t have to explain why 

 

23 minutes ago, jflopez said:

My current petition would not be refunded if I already submitted it, right?

Correct 

[jflopez 2]

14 minutes ago, powerpuff said:

I would send a letter (with tracking) to the California service center stating your name, DOB, case number, beneficiary info and state that you’re withdrawing your petition. You don’t have to explain why 

 

Correct 

 

In the next two years after withdrawing my petition, I can submit my I-129F that meets the requirements, right?

[Timona 4,207]

Yes.

 

Or do Utah Zoom wedding and file CR/ IR-1

[SalishSea 17,824]

4 hours ago, jflopez said:

A correction needs to be made to page 8 of I-129F: "Have you and your fiancé(e) met in person during the two years immediately before filing this petition?" Even though we were unable to meet due to COVID-19, I mistakenly marked it as "yes."

 

I hope this is the right place for me to ask for some advice on what to do in this situation. Since I am a deaf person, English isn't my first language. In essence, I misread the specific requirements for filing the I-129F. Upon reviewing my I-129F packet, I realized that I did not meet the two-year requirement for meeting in person. Proofs I provided included airline tickets, passport stamps, and photos of my recent Guatemala trip when I visited my fiancée on October 20. Due to the COVID-19 pandemic, we were not able to meet in person for the prior two years. In my packet, I didn't include the request due to the hardship in my situation. USCIS received the case on October 31, 2022 and mailed it to my home address with the receipt number. Due to the lack of meeting in person within 2 years, my application would obviously be rejected immediately. How can I request a waiver from USCIS? In addition to my deafness, I also lost a job as a result of the COVID-19 pandemic and had to receive Social Security Disability and unemployment benefits. Instead of waiting for the RFE (Request for Evidence) letter and taking the chance of being denied, I think it makes sense to correct my mistake. Your advice on how to submit the waiver request for 2-years in-person meetings would be greatly appreciated.

There is no waiver for that.  

 

Your only hope is to meet now and submit a new petition.

[MarJhi 959]

7 hours ago, jflopez said:

Since I am a deaf person, English isn't my first language.

I have to compliment you on your English language skills considering English isn't your first language. You speak better than most who have English as their first/only language. 

 

Good luck to you.

[SteveInBostonI130 3,434]

11 hours ago, jflopez said:

A correction needs to be made to page 8 of I-129F: "Have you and your fiancé(e) met in person during the two years immediately before filing this petition?" Even though we were unable to meet due to COVID-19, I mistakenly marked it as "yes."

 

Proofs I provided included airline tickets, passport stamps, and photos of my recent Guatemala trip when I visited my fiancée on October 20. Due to the COVID-19 pandemic, we were not able to meet in person for the prior two years. In my packet, I didn't include the request due to the hardship in my situation. USCIS received the case on October 31, 2022 and mailed it to my home address with the receipt number. Due to the lack of meeting in person within 2 years, my application would obviously be rejected immediately. How can I request a waiver from USCIS? In addition to my deafness, I also lost a job as a result of the COVID-19 pandemic and had to receive Social Security Disability and unemployment benefits. Instead of waiting for the RFE (Request for Evidence) letter and taking the chance of being denied, I think it makes sense to correct my mistake. Your advice on how to submit the waiver request for 2-years in-person meetings would be greatly appreciated.

 

The requirement is to meet at least once within the previous 2 years.  You said you visited there on Oct 20.

 

1. Did you meet your fiance on Oct 20?  

2. When did you send the I-129F?

[Samuel_ 4]

12 hours ago, jflopez said:

A correction needs to be made to page 8 of I-129F: "Have you and your fiancé(e) met in person during the two years immediately before filing this petition?" Even though we were unable to meet due to COVID-19, I mistakenly marked it as "yes."

 

I hope this is the right place for me to ask for some advice on what to do in this situation. Since I am a deaf person, English isn't my first language. In essence, I misread the specific requirements for filing the I-129F. Upon reviewing my I-129F packet, I realized that I did not meet the two-year requirement for meeting in person. Proofs I provided included airline tickets, passport stamps, and photos of my recent Guatemala trip when I visited my fiancée on October 20. Due to the COVID-19 pandemic, we were not able to meet in person for the prior two years. In my packet, I didn't include the request due to the hardship in my situation. USCIS received the case on October 31, 2022 and mailed it to my home address with the receipt number. Due to the lack of meeting in person within 2 years, my application would obviously be rejected immediately. How can I request a waiver from USCIS? In addition to my deafness, I also lost a job as a result of the COVID-19 pandemic and had to receive Social Security Disability and unemployment benefits. Instead of waiting for the RFE (Request for Evidence) letter and taking the chance of being denied, I think it makes sense to correct my mistake. Your advice on how to submit the waiver request for 2-years in-person meetings would be greatly appreciated.

From your story, you said you included prove of airline ticket, passport stamps and photos of your trip when you visited your fiancé on October 20. Is that this year or 2020 ? Coz you only need to meet atleast one time in the last two years, the requirement doesn’t say you should file I-129f two years after you meet. You need to clarify this.

If you meet her in person this October and you file after that then you’re good to go you did well and you don’t need any waiver.

 

Edited November 25, 2022 by Samuel_

[jflopez 2]

2 hours ago, SteveInBostonI130 said:

 

The requirement is to meet at least once within the previous 2 years.  You said you visited there on Oct 20.

 

1. Did you meet your fiance on Oct 20?  

2. When did you send the I-129F?

Yes, correct. For clarification, my fiancé and I met in Guatemala on October 12th, 2022. The I-129F was mailed on October 27th, 2022, and the NOA with a receipt number arrived on November 1st, 2022.

[jflopez 2]

1 hour ago, Samuel_ said:

From your story, you said you included prove of airline ticket, passport stamps and photos of your trip when you visited your fiancé on October 20. Is that this year or 2020 ? Coz you only need to meet atleast one time in the last two years, the requirement doesn’t say you should file I-129f two years after you meet. You need to clarify this.

If you meet her in person this October and you file after that then you’re good to go you did well and you don’t need any waiver.

 

I am confused now. I thought that it says I need to have met her in the last two years ago before I am eligible to file my I-129K petition, rather than my recent Guatemala trip on October 12th, 2022.

[jflopez 2]

6 hours ago, MarJhi said:

I have to compliment you on your English language skills considering English isn't your first language. You speak better than most who have English as their first/only language. 

 

Good luck to you.

Thanks for your complimentary. I appreciate it.

[powerpuff 6,697]

I thought you were taking about October 2020. At least that’s what I gathered from your first post 

 

3 minutes ago, jflopez said:

I am confused now. I thought that it says I need to have met her in the last two years ago before I am eligible to file my I-129K petition, rather than my recent Guatemala trip on October 12th, 2022.

The requirement is that in order to file I-129f you must have met (seen each other) face to face at least once in the last 2 years. If you met/saw each other in October of 2022, you are eligible to file the petition as you have fulfilled the requirement.

[jflopez 2]

13 minutes ago, powerpuff said:

I thought you were taking about October 2020. At least that’s what I gathered from your first post 

 

The requirement is that in order to file I-129f you must have met (seen each other) face to face at least once in the last 2 years. If you met/saw each other in October of 2022, you are eligible to file the petition as you have fulfilled the requirement.

Please accept my apologies for the confusion. It is true that I met my fiancé in October of 2022. Thank you for confirming that my information qualifies me to file the petition.