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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-1 Fiance(e) Visa Process & Procedures General Discussion

Chang
Hi everybody
I have a quick question. If I apply I 129F, I have to send the proof of having met in person in past two years right? My problem is I don't have photo together with my Fiance yet. It is ok that i send with my plane ticket, phone bill and visa stamp. If anybody can help me
Thanks
Yodrak
Chang,

You can only send what you have, you can't send what doesn't exist. Try thinking 'out of the box' for other things that you might have that show you and your fiance were in the same place at the same time.

And note that phone bills do not do that.

Yodrak

QUOTE(Chang @ Aug 1 2006, 07:37 PM) *
Hi everybody
I have a quick question. If I apply I 129F, I have to send the proof of having met in person in past two years right? My problem is I don't have photo together with my Fiance yet. It is ok that i send with my plane ticket, phone bill and visa stamp. If anybody can help me
Thanks


aussiewench
Have a read of this thread http://www.visajourney.com/forums/index.php?showtopic=24316&hl=
charles!
QUOTE(aussiewench @ Aug 1 2006, 05:24 PM) *

ok wenchie, how do you keep track of all of this? tongue.gif
kpathak
Perhaps a more suitable question is "Lorelle, when are you publishing your handbook and how much is it going to cost"? tongue.gif Us "newbies" on VJ can't thank you and other VJ veterans enough for still "hanging around" VJ and providing these golden nuggets of useful information.

Thanks,
KP

QUOTE(charlesandnessa @ Aug 1 2006, 06:23 PM) *

QUOTE(aussiewench @ Aug 1 2006, 05:24 PM) *

ok wenchie, how do you keep track of all of this? tongue.gif

andy_k1
Photos are very critical, but you can send your I-129F without photos, later you will probably get RFE.
Yodrak
andy K1,

Photos can be helpful, but to say that they are "very critical" I think is an overstatement. Quite a few people have had their petitions approved without submitting photos and without getting an RFE requesting photos.

Yodrak

QUOTE(andy_k1 @ Aug 1 2006, 09:46 PM) *
Photos are very critical, but you can send your I-129F without photos, later you will probably get RFE.


Ara and Ken
QUOTE(Chang @ Aug 1 2006, 03:07 PM) *

Hi everybody
I have a quick question. If I apply I 129F, I have to send the proof of having met in person in past two years right? My problem is I don't have photo together with my Fiance yet. It is ok that i send with my plane ticket, phone bill and visa stamp. If anybody can help me
Thanks


Hey Chang,

One most important proof that you've been together are your photos. If he came for a visit, try to have at least a copy of it.
[b][font=Book Antiqua] biggrin.gif
Erik
I would tend to think photos are critical to a certain extent as well. Boarding passes, and Visa stamps are good, but that doesn't prove that you met, it only proves that you traveled. To me boarding passes, visa stamps etc. is more of supporting evidence to photos, because they have dates on them. Not all photos do, and dates can be faked, but still having pictures together still proves you met. Unless you have a Hotel receipt or something with both your names on it, I'm not sure how just a boarding pass or visa stamps proves you met her. I'm sure people have been approved without pictures, but I think it probably depends on how good your other proof is.

The phone records would be used more to show an on going relationship, not as proof of meeting.
Joey559
QUOTE(Chang @ Aug 1 2006, 06:07 PM) *

Hi everybody
I have a quick question. If I apply I 129F, I have to send the proof of having met in person in past two years right? My problem is I don't have photo together with my Fiance yet. It is ok that i send with my plane ticket, phone bill and visa stamp. If anybody can help me
Thanks


It could be iffy actually. The stamp and ticket prove you went there but not that you actually, physically met your SO. Same with the phone bills, yes you talk, but it doesn't show you've met in person.

I think you could be looking at an RFE with just those three things, sorry. sad.gif
Sil
QUOTE(Chang @ Aug 1 2006, 06:07 PM) *

Hi everybody
I have a quick question. If I apply I 129F, I have to send the proof of having met in person in past two years right? My problem is I don't have photo together with my Fiance yet. It is ok that i send with my plane ticket, phone bill and visa stamp. If anybody can help me
Thanks

Pictures are important but if you do not have...i think that a couple of letters from common friends saying that they have seen you together, that you were very happy and so on, and so on...might be helpful.
luvaLimey
Erik: Hard evidence such as boarding passes, credit card receipts, and passport stamps are what is considered by USCIS to be Primary Evidence, since that establishes the timeframe that the two people have met.

Photos are considered Secondary Evidence, since it proves the people were in the same place at the same time long enough to have a photo taken together.

Together, they create a concrete picture to the Adjudicator that says "yes, we have met within the last two years."

People have been denied for not having enough Primary evidence, even though they've sent loads of pictures. The pictures merely proove you've met; not when.

aussiewench
QUOTE(andy_k1 @ Aug 2 2006, 10:16 AM) *

Photos are very critical, but you can send your I-129F without photos, later you will probably get RFE.

On the contrary, I can cite occasions where an RFE has been received stating 'photos are not considered evidence of having met' and requesting additional evidence. These particular members had sent other evidence also aside from photos.

QUOTE(Erik @ Aug 3 2006, 02:19 AM) *

I would tend to think photos are critical to a certain extent as well. Boarding passes, and Visa stamps are good, but that doesn't prove that you met, it only proves that you traveled. To me boarding passes, visa stamps etc. is more of supporting evidence to photos, because they have dates on them. Not all photos do, and dates can be faked, but still having pictures together still proves you met. Unless you have a Hotel receipt or something with both your names on it, I'm not sure how just a boarding pass or visa stamps proves you met her. I'm sure people have been approved without pictures, but I think it probably depends on how good your other proof is.

The phone records would be used more to show an on going relationship, not as proof of meeting.

All photos do is place you together, that is not what is required by the petition. Photos are secondary evidence to support the primary evidence, such as boarding passes, passport stamps, credit card receipts, rental receipts if lived together etc etc Anything from an outside source that can place you in the same place.
Catica
Dont know how much this will help you since you dont have any pictures, Im kinda in the opposite boat we have tons of pictures togther but little of other evidence besides the airline tickets, so I thought of a creative thing to do with our pics, since he is coming for another visit before we file for the k-1. Alot of the places where I live especially banks have huge electronic boards/signs in front of them that flash the date/time all throughout the day. I figured we will get a pic in front of one of these huge signs while its showing the date and time (maybe even kissing so it shows we are there togther just not in the same place and the same time tongue.gif) Dont really know if a picture like this would be better but Im guessing its worth a shot.
antoniostar
QUOTE(Chang @ Aug 1 2006, 05:07 PM) *

Hi everybody
I have a quick question. If I apply I 129F, I have to send the proof of having met in person in past two years right? My problem is I don't have photo together with my Fiance yet. It is ok that i send with my plane ticket, phone bill and visa stamp. If anybody can help me
Thanks


The USCIS provides a web page http://www.uscis.gov/graphics/lawsregs/AdminDecisions.htm This web page provides a list of all K1 denials whose appeals have also been denied. The following statement is taken from the web page. "Two types of decisions made by the AAO are published on USCIS.gov. The first category is Adopted Decisions. These decisions impact agency policies and procedures. All USCIS officers should follow the interpretation and reasoning of these decisions in all proceedings involving the same issues.

The second category is Unreported Decisions. These decisions do not contain findings that have a broad effect on agency policy or proceedings. "

If you review the Unreported Decisions you will see that far more K1 visas are denied with appeals rejected due to lack of evidence of a couple meeting within 2 years prior to the filing of the K1. I beleive that The time frame is very important and requires primary evidence for support. Secondary evidence in lieu of pictures could be dated emails or dated letters from both partys showing the intent to meet on a certain date AND followup emails/letters after the meeting discussing/acknowledging that the meeting took place.

Having said all this I beleive The best course of action for anybody who has not already filed K1 has met but does not have pictures is to bare the expense and time go back and meet your fiance again. This time take a ton of pictures and keep all receipts, boarding passes etc. I personaly would not chance using documetation in lieu of pictures.
Erik
QUOTE(luvaLimey @ Aug 2 2006, 12:36 PM) *

Erik: Hard evidence such as boarding passes, credit card receipts, and passport stamps are what is considered by USCIS to be Primary Evidence, since that establishes the timeframe that the two people have met.

Photos are considered Secondary Evidence, since it proves the people were in the same place at the same time long enough to have a photo taken together.

Together, they create a concrete picture to the Adjudicator that says "yes, we have met within the last two years."

People have been denied for not having enough Primary evidence, even though they've sent loads of pictures. The pictures merely proove you've met; not when.


Thanks!

Still doesn't make sense to me (but what does with the USCIS laughing.gif ). I know pictures don't tell you when the two people where together, but neither does a boarding pass, passport stamp, etc. I mean, technically I could go to Brasil for a week, then return, then meet my future wife online the week after and when I apply just say, well here's my boarding pass, etc etc. to Brasil, I met her last week (of course, I think it would be crazy to get married without meeting, but I'm only talking about the process laughing.gif ).

Unless there is a Hotel receipt or something with "both" peoples names on it, not sure how they could prove that the people where together at any point without photo's. At least with pictures you know that the people have met (at some point laughing.gif ), even if you can't be sure of the time frame (but then they would have the boarding passes etc. to colaborate the dates/pictures).

Ok, my head hurts, I need a nap laughing.gif
Thingee
I think in the end the opinion is have both kinds of evidence.
Erik
QUOTE(Thingee @ Aug 2 2006, 04:26 PM) *

I think in the end the opinion is have both kinds of evidence.


Bingo! laughing.gif good.gif
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