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dhalia

RFE for evidence that qualifies us for the exemption to have met within the past two years

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Filed: Timeline

We are filing for a K-1 visa but since we did not meet the rule for having met within the past two years, the USCIS has sent us a RFE asking us to send them proof or evidence to show that it is in against our culture to have met prior to marrying.

Has anyone done this before or know what we should sent back.

I really don't want this to come back and want it to get approved.

Any suggestion would be helpful!!!!

Edited by dhalia
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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
We are filing for a K-1 visa but since we did not meet the rule for having met within the past two years, the USCIS has sent us a RFE asking us to send them proof or evidence to show that it is in against our culture to have met prior to marrying.

Has anyone done this before or know what we should sent back.

I really don't want this to come back and want it to get approved.

Any suggestion would be helpful!!!!

WHAT COUNTRY ARE U FROM?

BEst is go baCK to the country and meet her n take picx with her.

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Filed: K-1 Visa Country: Canada
Timeline

Why have you not met in person?

If you do not have a VERY good reason, you have very little chance of getting an approval.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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There have been a a minor amount {I've seen 2 in 4 years} that made it thru the initial petition without meeting in person. One of them made it past the interview.

It was for medical reasons. He had a whole bunch of doctors sign affidavits for him. Sad but after 2 months his fiancee went home. I guess the shoe didn't fit!!!

Edited by Haole

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: K-1 Visa Country: Australia
Timeline
There have been a a minor amount {I've seen 2 in 4 years} that made it thru the initial petition without meeting in person. One of them made it past the interview.

It was for medical reasons. He had a whole bunch of doctors sign affidavits for him. Sad but after 2 months his fiancee went home. I guess the shoe didn't fit!!!

:lol: Id say thats why they have the requirement ... Id like to know how many dont leave and file for divorce as soon as they have there AOS ...

Dhalia, for your own sakes meet first ... this is a really stressful process at the best of times, not to mention expensive ... your really opening yourself up to a lot of heartache ... If it is against your culture to be alone during the courtship, organise a chaperone to go with you to a few outings that way at least you can see if you at have compatible personalities ....

I had a workmate that lived in the US on a work based greencard .. he actually lived with his girl for a couple years and they broke up while going thru the visa process ...

Today is the Tomorrow, you worried about Yesterday .....

05-Dec-04 Shay and I met online.

17-Feb-07 Shay came to visit me Australia for 5 and half wonderful weeks.

---

02-Oct-08 Shay lodged 1-129F

07-Oct-08 Shay recieved confirmation that NOA1 had been approved

07-Jan-09 Shay recieved confirmation that NOA2 had been approved

14-Jan-09 NVC notification recieved

29-Jan-09 I recieved pk 3 in the mail

29-Jan-09 I recieved passport in the mail

04-Feb-09 I went for my police check

20-Feb-09 medical

24-Feb-09 Picked up medical results *PASSED*

26-Feb-09 mailed pack 3

02-Mar-09 Embassy received pack 3

24-Mar-09 Interview @ 9.00am

!!!!!!!! VISA APPROVED !!!!!!!!

27-Mar-09 Visa Arrives in Mail

---

14-Apr-09 Departing for the US

---

02-May-09 Wedding Day

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Filed: K-1 Visa Country: Canada
Timeline
WHAT COUNTRY ARE U FROM?

BEst is go baCK to the country and meet her n take picx with her.

No, it is too late to do this. You have to meet within 2 years prior to filing the petition. Meeting afterward will not affect your current petition, it will still be denied and you will then have to refile once you meet the requirement. Also, just submitting pictures will not prove that you have met within the required time frame. You must also submit boarding passes/passport stamps - in other words, primary evidence.

If you are claiming extreme hardship or cultural reasons, then your evidence must be complete and compelling, as approval for these petitions is rare.

Extreme hardship must be proven for both parties involved. For example, you are a parolee unable to leave the country or you are unable to travel due to a medical condition as reported by your physician. However, your fiance(e) must also not be able to travel to visit you. For example, they have applied but were denied for a visitor visa and show that they also were unable to travel to a third country such as Canada or Mexico. All documentation supporting these scenarios must be submitted.

Cultural reasons would need supporting documentation from a reputable source within the community, such as a religious leader. Be careful with this, however, as I have seen many cases where the claim is that the religion does not allow the couple to meet before marriage, but has a loophole that states that the couple may meet once in order to finalize wedding plans.

Unless your case is similar to one of these exceptions, then I would suggest withdrawing your petition, meeting in person, then refiling. If you try to appeal, you will be denied.

Edited by eyoa
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Filed: Citizen (apr) Country: Ukraine
Timeline
We are filing for a K-1 visa but since we did not meet the rule for having met within the past two years, the USCIS has sent us a RFE asking us to send them proof or evidence to show that it is in against our culture to have met prior to marrying.

Has anyone done this before or know what we should sent back.

I really don't want this to come back and want it to get approved.

Any suggestion would be helpful!!!!

In general ONLY religious or strong cultural reasons would be accepted and presumably YOU would know what they are. I cannot tell you as nothing in my religion or culture forbids this. If your religion or culture has no clear-cut, time honored and recognized reasons, then you are just going to have to go over there and meet her. Since you did not meet the qualifications when you filed the petition, the petition will be rejected as disqualified, they keep the money and you get to start over when you have met have the qualifications

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Timeline

Thanks for all the responses, I really didn't get a chance to go meet my fiancee who is in india as my parents are the ones who arranged everything as it is done in our culture. As you said it is pointless for us to meet up now right? I'm trying to get our religious leader to write us a letter to help us out because this is the customs/religion where we are fixed up by our parents who settle all details. What should he write on the letter? Is there any other information that I can send that will help our case?

I really appreciate all of your responses.

Thanks

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Filed: Timeline

Hi EYOA,

If you are claiming extreme hardship or cultural reasons, then your evidence must be complete and compelling, as approval for these petitions is rare.

What do you consider a good and compelling evidence for approval? I'm willing to get anything... I really need approval!! My father is soo upset about this he did all the work for this.

There is really no loophole in our religion it is more of a cultural thing as some families in India are still very strict and keep all the old customs.

I just don't know how to give them evidence that will satisfy them.

thanks

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Filed: AOS (apr) Country: Zambia
Timeline
Hi EYOA,

If you are claiming extreme hardship or cultural reasons, then your evidence must be complete and compelling, as approval for these petitions is rare.

What do you consider a good and compelling evidence for approval? I'm willing to get anything... I really need approval!! My father is soo upset about this he did all the work for this.

There is really no loophole in our religion it is more of a cultural thing as some families in India are still very strict and keep all the old customs.

I just don't know how to give them evidence that will satisfy them.

thanks

Can you document the position of the family? It seems a certified or notarized letter from the parents, stating that they would not permit the two of you to meet because of their long-held custom, is the only evidence you can provide.

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Filed: Other Country: China
Timeline
We are filing for a K-1 visa but since we did not meet the rule for having met within the past two years, the USCIS has sent us a RFE asking us to send them proof or evidence to show that it is in against our culture to have met prior to marrying.

Has anyone done this before or know what we should sent back.

I really don't want this to come back and want it to get approved.

Any suggestion would be helpful!!!!

They'll only except a reason if you show evidence in support if...

A. The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice; or

OR

B. It is established that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.

A. above is pretty self explanatory. For B. to apply, there must generally be a compelling medical reason why the couple cannot travel to meet in person, not simply an inconvenience or the inability to afford international travel. The meeting requirement is seldom wiaved and if you've already filed, it's too late for success with this petition by meeting now. You'll need to meet first and file again. No refunds.

What IS your reason for filing without meeting in person?

Facts are cheap...knowing how to use them is precious...
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Filed: Other Timeline
What IS your reason for filing without meeting in person?

I think she already explained that.

"Thanks for all the responses, I really didn't get a chance to go meet my fiancee who is in india as my parents are the ones who arranged everything as it is done in our culture."

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Filed: K-1 Visa Country: Canada
Timeline
Hi EYOA,

If you are claiming extreme hardship or cultural reasons, then your evidence must be complete and compelling, as approval for these petitions is rare.

What do you consider a good and compelling evidence for approval? I'm willing to get anything... I really need approval!! My father is soo upset about this he did all the work for this.

There is really no loophole in our religion it is more of a cultural thing as some families in India are still very strict and keep all the old customs.

I just don't know how to give them evidence that will satisfy them.

thanks

I read a case from India that was approved because the specific region was extremely strict about this custom. The petitioner had submitted notarized statements from both sets of parents and from a religious leader from within that community. The statements must be explicit that in under no circumstance is the couple to meet before their wedding ceremony. Of course any other supporting documents you can find that show this is a time-honoured tradition would be helpful.

You may also consider hiring an immigration lawyer if your petition goes to the Administrative Appeal Office (the next step if your RFE is not dismissed).

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Thanks for all the responses, I really didn't get a chance to go meet my fiancee who is in india as my parents are the ones who arranged everything as it is done in our culture. As you said it is pointless for us to meet up now right? I'm trying to get our religious leader to write us a letter to help us out because this is the customs/religion where we are fixed up by our parents who settle all details. What should he write on the letter? Is there any other information that I can send that will help our case?

I really appreciate all of your responses.

Thanks

Is it only that you did not get a chance (no time) to meet her or is it actually prohibited culturally for you to meet her prior to marrying? While it is theoretically possible to prevail as noted by others, it will be a challenge. Could you consider marrying her in India and then petitioning to bring her here as your wife? Might be a lot faster and with much less anxiety.

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