Hello,
I just signed up to the forum today, hoping to find good insights and advice from people who are or were in the similiar situation.
We sent K-1 Visa application on September 15, 2021 and got NOA1 on September 20, 2021. On December 18, 2022, we received a RFE for additional evidence because apparently we fall outside the 2-years meeting requirement (technically untrue) but unforturnately we did not realize until later that what matters was the date USCIS received it, rather than the day we actually shipped the folder. We provided all the correct documents, pictures of us, plane tickets, my passport stamps, hotel accomodations, although we did not add a statement of intent to marry signed up by both, at the time we didn't think of this. We also explained that we could not have other meetings during pandemics for travel restrictions, but they consider this reason insufficient. Anyway, after initial panic, we consulted an immigration attorney who told us we should not waste too much of our time on a response because we are going to get a denial, yet we are sending it by March 30, 2023 deadline, just to prove we are in good faith. We believe, and our lawyer agrees with us, we are being extremely "scrutinized" because we are a same-sex couple with big age difference and my fiancee was married before with opposite-sex spouses.
This is so unfair. I preferred not to travel to US for all this time, for fear of being denied at entry while waiting for this whole visa process, but we haven't seen each other for friggin' two years, and sadly right now, my fiancee, who is the American citizen, is going through a serious family issue, she cannot leave her country and I would like to be by her side and be supportive, as any normal partner would wish to do.
Our attorney suggested that the best timeframe to visit her is before we receive USCIS decision, hence possible denial.
Has any of you come to USA with K-1 Visa and RFE pending? How did it go? And what questions/proof CBP asked for specifically? Is it worth to try?
Has anyone had problems with entering USA as tourist, after getting a visa denied?
We are considering at this point to get married directly, if we get a denial. Has anyone done the same and how?
Thank you an advance for your attention, this is so frustrating and it is making us very anxious. We just want to be together for good...