Please help RFE problem...doesn't have the 2 year meeting requirement for a K! visa

[Voltz 0]

Hi there all...hope someone can help me

here's my case….

My girlfriend and I started dating since 1986 and started living together in 1994. We can't get married that time as she can't get an annulment on her first marriage because she can't locate her ex-husband - they were already separated for 3 years when we started dating. She gave birth to our son last 1996.

Year 2002, my US Immigrant visa application was approved and since we're not married, I can only take my son with me and she was left all alone. Two years ago, she finally located her ex-husband and she filed for an annulment which was granted early this year. I immediately applied for a K-1 visa and saw that one of the requirements was to have met one’s fiancee at least two years from the date of the K-1 visa application. I know that we didn't meet the requirement as the last time my son and I went to see her was 2006, which was out of the 2 year window requirement but the documents I've submitted were I think more than enough to prove that we really have an honest and a genuine relationship.

We were about to visit her last 2007, but her annulment was in the process that time and she needed the money which was about $8,000. So, I don't have a choice but to give her the money and postpone our visit. We planned again to visit her last year but unfortunately her mom passed away before we can even schedule our visit. I have lots of debt of gratitude to her mom (mostly financial), so again instead of visiting her, I decided to give her the money to help her for all the funeral expenses.

Going back to the evidence I've submitted, many of the pictures in the package have dates inside the photos - like a banner on the background saying “Welcome, Christmas Party 1986”, a poster of a stage play we watched and was luckily included in the background that clearly states the time, the month, the day and the year or like the 1994 election banner that was also included in the background and a lot more that will prove that we really have a relationship for the past 20 years now. I've also included the birth certificate of our son clearly stating the she was the mother. I've also included some of my bank account statement showing I'm sending her money every month.

But still they were asking for a proof that we have met personally 2 years prior to the petition . She was my girlfriend for more than 20 years now and we have been living before for 10 years prior to my immigration here in the U.S. plus the fact that she was the mother of my son and I have been sending her money every month up to now (I can back it all up with my bank account statements). The pictures I have sent to them dates back when we first started dating since 1986 up to the time we left last 2003 and the last time we visited her last 2006, I even included a video of the visit.

The only thing that I can afford right now is her plane ticket and a small amount to spend for our wedding once she gets her. Other than that, I am totally out of money – reason why I’m asking for help and suggestions because I don’t have money to pay for an immigration lawyer.

If you guys were in the same situation before, as I am now and you did pull it through without a lawyer’s help, then please reply immediately as I only have few days left to respond to the immigration. And if you think there’s no way I can pull this through without the help of a lawyer, can you suggest one that is good but won’t totally drain my savings? (preferably in the Northern California area)

BTW, I only have until August 25th to reply or they will deny my petition. I still haven’t told my fiancee about the bad news as I know she will die from misery.

Sorry for the long letter guys, I really have to vent my frustration.

Thank you all in advance…

Edited August 7, 2009 by Voltz

[Gary and Alla 3,694]

Hi there all...hope someone can help me

here's my case….

My girlfriend and I started dating since 1986 and started living together in 1994. We can't get married that time as she can't get an annulment on her first marriage because she can't locate her ex-husband - they were already separated for 3 years when we started dating. She gave birth to our son last 1996.

Year 2002, my US Immigrant visa application was approved and since we're not married, I can only take my son with me and she was left all alone. Two years ago, she finally located her ex-husband and she filed for an annulment which was granted early this year. I immediately applied for a K-1 visa and saw that one of the requirements was to have met one’s fiancee at least two years from the date of the K-1 visa application. I know that we didn't meet the requirement as the last time my son and I went to see her was 2006, which was out of the 2 year window requirement but the documents I've submitted were I think more than enough to prove that we really have an honest and a genuine relationship.

We were about to visit her last 2007, but her annulment was in the process that time and she needed the money which was about $8,000. So, I don't have a choice but to give her the money and postpone our visit. We planned again to visit her last year but unfortunately her mom passed away before we can even schedule our visit. I have lots of debt of gratitude to her mom (mostly financial), so again instead of visiting her, I decided to give her the money to help her for all the funeral expenses.

Going back to the evidence I've submitted, many of the pictures in the package have dates inside the photos - like a banner on the background saying “Welcome, Christmas Party 1986”, a poster of a stage play we watched and was luckily included in the background that clearly states the time, the month, the day and the year or like the 1994 election banner that was also included in the background and a lot more that will prove that we really have a relationship for the past 20 years now. I've also included the birth certificate of our son clearly stating the she was the mother. I've also included some of my bank account statement showing I'm sending her money every month.

But still they were asking for a proof that we have met personally 2 years prior to the petition . She was my girlfriend for more than 20 years now and we have been living before for 10 years prior to my immigration here in the U.S. plus the fact that she was the mother of my son and I have been sending her money every month up to now (I can back it all up with my bank account statements). The pictures I have sent to them dates back when we first started dating since 1986 up to the time we left last 2003 and the last time we visited her last 2006, I even included a video of the visit.

The only thing that I can afford right now is her plane ticket and a small amount to spend for our wedding once she gets her. Other than that, I am totally out of money – reason why I’m asking for help and suggestions because I don’t have money to pay for an immigration lawyer.

If you guys were in the same situation before, as I am now and you did pull it through without a lawyer’s help, then please reply immediately as I only have few days left to respond to the immigration. And if you think there’s no way I can pull this through without the help of a lawyer, can you suggest one that is good but won’t totally drain my savings? (preferably in the Northern California area)

BTW, I only have until August 25th to reply or they will deny my petition. I still haven’t told my fiancee about the bad news as I know she will die from misery.

Sorry for the long letter guys, I really have to vent my frustration.

Thank you all in advance…

For a K-1 you have to have met in person in the last two years. You can take a trip back and visit or get married when there and file for K-3 or CR-1. (better CR-1) You will have to refile as you did not meet within the last two years and no refunds. Bummer. Better use the money you saved for YOUR plane ticket to visit and save some more for hers when the K-1 gets approved 6-8 months down the road.

[Jewel-8 21]

I know that my area has an agency called Catholic Community Services that offers help to immigrants. Perhaps you can find a local community service that might have an employee or volunteer with some legal experience?

Also, you gave us a very thorough explaination. If I were the CSC employee working on RFEs I would be understanding of your situation. Its not often that mothers have to be separated from their children, and my 2 months of reading VJ has given me more than enough prospective into the Filipino culture to understand the difficulty in obtaining a divorce/annulment.

Sorry I couldn't give you any solid help, but good luck!!

[Anh map 2,098]

From 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.

Your situation will not meet the test of extreme hardship.

[Jewel-8 21]

For a K-1 you have to have met in person in the last two years. You can take a trip back and visit or get married when there and file for K-3 or CR-1. (better CR-1) You will have to refile as you did not meet within the last two years and no refunds. Bummer. Better use the money you saved for YOUR plane ticket to visit and save some more for hers when the K-1 gets approved 6-8 months down the road.

Yes, but doesn't the K1 petition state that the 2 year requirement can be waived if you can prove hardship? Maybe he can respond to RFE with documentation proving the mother's death?

Sounds like he is running out of time and at the end of the rope. I agree with you - Bummer!

[Voltz 0]

Thanks guys for the response...when you say extreme hardship, will that include extreme financial hardship?... as I have given her money which would have been for me and our son's plane ticket that I have saved for years. I can provide proof of my bank account's transaction of all the money I have sent her and I can provide the death certificate of my fiancee's death. What do you guy's think?

[Anh map 2,098]

Financial hardship does not qualify.

[Voltz 0]

Thanks guys for the response...when you say extreme hardship, will that include extreme financial hardship?... as I have given her money which would have been for me and our son's plane ticket that I have saved for years. I can provide proof of my bank account's transaction of all the money I have sent her and I can provide a copy of my fiancee mother's death certificate. What do you guy's think?

Edited August 7, 2009 by Voltz

[chizkeyk 0]

Hi there,

I suggest, if there's no way for you to get home and see her real quick before August 25, then just submit a detailed explanation why you can't. I have high hopes that the immigration will not deny your application basing on this technicalities. Grab this chance to defend your claim why you failed to see her during the 2 years time, and why still you couldn't see her now. More evidence to suffice a genuine relationship I guess would be of great help. And if and only if, your letter would not work and your application be denied, you can always appeal it (i believe so), but prior of doing that, you have to do all means possible see and be with her in person. If there's no appeal, then re-file.

Goodluck kabayan.

[Dakine 26]

VERY rare to be approved without proof of having met in the last 2 years.

I've seen one in 5 years and that was medical reasons.

Beg , borrow or whatever and get over there.

[I AM NOT THAT GUY 5,715]

Financial hardship does not qualify.

I agree. Financial hardship would just open up another can of worms. From the sound of your situation, you are going to need a sponsor down the road as well.

[AaronLV 12]

The requirement for the K1 as everyone has mentioned is that you have met in the past 2 years. It is highly unlikely you will get a hardship wavier. Your situation is not a hardship, just unlucky.

I would suggest taking the money you have for her flight and going asap to see your fiancee, and then come back and send the RFE in before the 25th. There is still plenty of time and you can get flights to the Phillipines right now out for 700 bucks. The fact is waiting for NOA2 and then embassy interview, there will be time to save more money, for her trip to come over when she does finally get the Visa.

Also you have the expense of 1010 when she gets here to file AOS.

Spend the money now, and save for the expenses later otherwise, you have just wasted 455, by not reading the requirements.

[L179 1]

unfortunately it is a requirement....

thats when you feel life is not fair....

but be positive and best of luck

[Voltz 0]

It will be too late even if I go and visit her, the immigration said we must have met in person between March 23, 2007 to March 23, 2009.

I've made a mistake in assuming that the immigration officer that will handle my petition can see the merits of my case regarding the 2 year requirement rather than just following the requirement verbatim. We already had more than 20 years of relationship which was blessed with a son - a much more solid proof than a photo taken 2 years ago.

I believe that the 2 year requirement was put there to prevent marriage for convenience that was prevalent during the 1980's. I guess I really need an immigration lawyer, so he can cite previous cases like mine that were approved without the 2 year meeting requirement.

Thanks guys for all your response...any suggestions on a good immigration lawyer here in Northern California?...

[pushbrk 12,150]

It will be too late even if I go and visit her, the immigration said we must have met in person between March 23, 2007 to March 23, 2009.

I've made a mistake in assuming that the immigration officer that will handle my petition can see the merits of my case regarding the 2 year requirement rather than just following the requirement verbatim. We already had more than 20 years of relationship which was blessed with a son - a much more solid proof than a photo taken 2 years ago.

I believe that the 2 year requirement was put there to prevent marriage for convenience that was prevalent during the 1980's. I guess I really need an immigration lawyer, so he can cite previous cases like mine that were approved without the 2 year meeting requirement.

Thanks guys for all your response...any suggestions on a good immigration lawyer here in Northern California?...

An immigration lawyer cannot help you, in my opinion. You'll need to see your fiancee again and then refile. No sense throwing good money after bad. Learn from the mistake. You must meet the hardship or cultural criteria that USCIS will accept and you don't. No need to pay a lawyer to tell you that. This requirement is not about showing the relationship is bona fide or genuine. Spend your money to travel to the Philippines instead of wasting time and money on a losing argument.