fiancee petition approved without meeting in person?

[Mia Sav 1]

Hi everyone,

I have a question regarding I-129F approval. My fiance has a friend before who filed a fiancee petition for a girl in Russia way back in 2002. He told me they got approved without meeting in person and I don't believe this. Is the law different during that time regarding proofs of actually meeting without spending time with each other or it is different for women from Russia?Someone who knows about this can tell us right answer to this? Thanks!

[john_and_marlene 162]

It is possible to waiver the meeting, but the allowable circumstances are defined very narrowly and very few are granted.

[Mia Sav 1]

It is possible to waiver the meeting, but the allowable circumstances are defined very narrowly and very few are granted.

Can you expound more on this?Thanks...

[mox 298]

It is possible to waiver the meeting, but the allowable circumstances are defined very narrowly and very few are granted.

Can you expound more on this?Thanks...

From step 5.A. in the I-129F instructions:

Provide copies of evidence that you and your fiancé(e)

have personally met within the last two years; or if you

have never met within the last two years, provide a

detailed explanation and evidence of the extreme

hardship or customary, cultural or social practices that

have prohibited your meeting

[Mia Sav 1]

It is possible to waiver the meeting, but the allowable circumstances are defined very narrowly and very few are granted.

Can you expound more on this?Thanks...

From step 5.A. in the I-129F instructions:

Provide copies of evidence that you and your fiancé(e)

have personally met within the last two years; or if you

have never met within the last two years, provide a

detailed explanation and evidence of the extreme

hardship or customary, cultural or social practices that

have prohibited your meeting

Yes I read that instruction and I am sure my fiance was aware of that requirement too before we filed our application. He insists that his friend has never done those (his friend and the girl don't meet within the last 2 years though his friend admitted to him that his friend and this girl were childhood friends way back in Russia years ago, and his friend did not explain either about hardship in meeting)but still got approved with his petition to a Russian girl. This has caused misunderstanding between us & I want to tell him over and over again that there is no way possible it could happen.

[mox 298]

Yes I read that instruction and I am sure my fiance was aware of that requirement too before we filed our application. He insists that his friend has never done those (his friend and the girl don't meet within the last 2 years though his friend admitted to him that his friend and this girl were childhood friends way back in Russia years ago, and his friend did not explain either about hardship in meeting)but still got approved with his petition to a Russian girl. This has caused misunderstanding between us & I want to tell him over and over again that there is no way possible it could happen.

Well, there are only a few possibilities. It's possible that the couple lied about meeting and doctored evidence. It's also possible that your fiance has been misinformed. And it's also possible that the couple met the requirements for never having met and were approved, although it sounds unlikely. It's also possible that she came over on a non-K visa and married him here.

[rebeccajo 14]

I think I remember reading one time that the failure rate for petitions filed without having met claiming a 'hardship circumstance' was like 99.5%.

However, I've been told (but have no anecdotal evidence) that if the couple has previously met but it's been some time since they've seen each other and there are reasonable extenuating circumstance for not seeing each other within two years of the filing (phew - long sentence), that petition MAY be approved.

[Jason-Sasha 1]

I think I remember reading one time that the failure rate for petitions filed without having met claiming a 'hardship circumstance' was like 99.5%.

However, I've been told (but have no anecdotal evidence) that if the couple has previously met but it's been some time since they've seen each other and there are reasonable extenuating circumstance for not seeing each other within two years of the filing (phew - long sentence), that petition MAY be approved.

Yeah, that's the only thing I could think of, as well. Perhaps their meeting was more than 2 years ago but had very good reasons for not meeting within that window. Hmph, who knows?

[mox 298]

They were "childhood friends" and hadn't met for "years." I'd be hard pressed to think of a convincing reason to approve something like that.

Still, it's all speculation unless the OP's friend comes forth with more details.

[Mia Sav 1]

They were "childhood friends" and hadn't met for "years." I'd be hard pressed to think of a convincing reason to approve something like that.

Still, it's all speculation unless the OP's friend comes forth with more details.

Yes that's what my fiance claimed that his friend and the girl were childhood friends in Russia but never met within 2 years the petition was filed. Though the guy and girl did not eventually marry (they only last up to the NOA1 stage) and the guy backed out, I still believe that my fiance's friend was not telling the truth about it. Yet, my fiance believes in his friend's story and really tried to convince me that there were loop holes in US laws. This explained why his friend's petition was approved without presenting evidence of meeting.

[DanielParul 50]

"Though the guy and girl did not eventually marry (they only last up to the NOA1 stage)"

They did not reach the approval stage. They did not get the approval. The guy backed out before they got NOA2/RFE/DENIAL...

Your fiance has misunderstood what his friend told him. It will probably be almost impossible to explain why you both did not fulfil the criteria of meeting in the last 2 years. Hopefully you both have a reason and evidence of "extreme hardship'.

All the best

[Carlawarla 1]

"Though the guy and girl did not eventually marry (they only last up to the NOA1 stage)"

They did not reach the approval stage. They did not get the approval. The guy backed out before they got NOA2/RFE/DENIAL...

Your fiance has misunderstood what his friend told him. It will probably be almost impossible to explain why you both did not fulfil the criteria of meeting in the last 2 years. Hopefully you both have a reason and evidence of "extreme hardship'.

All the best

Exactly. Since they didn't even receive their NOA1, then the words "approved" is non-existent. If they had of allowed the petition to progress, given the circumstances, it most likely would have been denied.

[mox 298]

Yes that's what my fiance claimed that his friend and the girl were childhood friends in Russia but never met within 2 years the petition was filed. Though the guy and girl did not eventually marry (they only last up to the NOA1 stage) and the guy backed out, I still believe that my fiance's friend was not telling the truth about it. Yet, my fiance believes in his friend's story and really tried to convince me that there were loop holes in US laws. This explained why his friend's petition was approved without presenting evidence of meeting.

Yes, read what others have said since you posted this. They were never approved. NOA1 is simply to acknowledge that they received your petition and have cashed your check. Everyone gets NOA1 except in a few rare circumstances, such as filing at the wrong service center or having a packet that is so incomplete that they can't even "receive" it properly.

[Minya's wife 25]

Yes that's what my fiance claimed that his friend and the girl were childhood friends in Russia but never met within 2 years the petition was filed. Though the guy and girl did not eventually marry (they only last up to the NOA1 stage) and the guy backed out, I still believe that my fiance's friend was not telling the truth about it. Yet, my fiance believes in his friend's story and really tried to convince me that there were loop holes in US laws. This explained why his friend's petition was approved without presenting evidence of meeting.

Does your fiance or his friend not understand this process much? The NOA1 is not any indication of an approval or denial, it is simply a receipt letting you the petitioner know that USCIS has received your application and will process it when they feel good and ready. It is the NOA2 that indicates approval or denial....but up to that, there is plenty of chance for USCIS to deny a petition if the pre-requisites have not been met.

What would be interesting to know is, did the friend withdraw the I-129F petition once he and his lady broke up? If not, it would have been adjudicated and probably denied, given the circumstances. USCIS has no way of knowing that the relationship endced before it gets to adjudicating your case, unless you(the petitioner) informs them.

Perhaps your fiance's friend did just that, he and his lady broke up, he in turn withdrew the application, but as it was never adjudicated....therefore he wasn't denied, he assumed it would have been approved....and from there came the story that his petition was approved without satisrying the "metting w/in two years" requirement.

-P

[rebeccajo 14]

....and this is how the myths of 'immigration' perpetuate themselves.

Edited February 26, 2008 by rebeccajo