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

[sam1 1]

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…

I was in the same situation that my petition was denied on the grounds that we did not see each other in the past two years before filling. I sumbitted my appeal and denied it too saying it was not received on time. They find very little things to deny a petition if all the requirements are not met. I went back home and married my fiance two years ago in a small ceremony and filled both I-130 and I-129f. We finished everything and she will be here next month. Good luck with your process.

[Old Dominion 26]

You'll need to revisit her as soon as possible, take photos & keep records, and submit to USCIS to reach them by the deadline. The next question, of course, is who will be sponsoring her for the visa? Obviously you can't afford to be the sponsor. Not to be hard-nosed about it, but of course the requirements are quite clear.

[pushbrk 12,232]

You'll need to revisit her as soon as possible, take photos & keep records, and submit to USCIS to reach them by the deadline. The next question, of course, is who will be sponsoring her for the visa? Obviously you can't afford to be the sponsor. Not to be hard-nosed about it, but of course the requirements are quite clear.

Visiting now won't satisfy anything to do with the current deadline. The meeting must have occured in the two years prior to filing the petition. This petition will be denied. He needs to file a new one after the next meeting.

[000 0]

Sorry to hear about your situation. (I will keep you in my prayers)

I agree with Jewel.There are plenty of pro bono (free) immigration attorneys available through different agencies. Catholic Charities is a good place to start. If you live in a large city, you should be able to locate a coalition or support group that can steer you in the right direction.If you do not live in a large city, or can't find a coalition in your city, then try a large city that is close to you. Where I live there are several places you can turn to for free immigration attorneys, if needed. I'm by no means as knowledgeable as a lot of VJ members. But, it sure wouldn't hurt if you could have an attorney on your side.

Good luck and keep us posted!

[Chica Yeyé 41]

Your petition will be denied because you have not met within the past 2 years; and even a visit right now will not change that fact; since said visit would be a posteriori of the date of filing. Sadly, chances are you will have to file again. I suggest you visit as soon as possible.

[SuperDuper! 230]

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.

Agreed. Go have a good time. Forget about trying to make big, bloated bureaucracy be logical or rational. LAX to Manila is well under a $1000 RT.

Edited August 8, 2009 by itzallgood

[Gary and Alla 3,694]

Sorry to hear about your situation. (I will keep you in my prayers)

I agree with Jewel.There are plenty of pro bono (free) immigration attorneys available through different agencies. Catholic Charities is a good place to start. If you live in a large city, you should be able to locate a coalition or support group that can steer you in the right direction.If you do not live in a large city, or can't find a coalition in your city, then try a large city that is close to you. Where I live there are several places you can turn to for free immigration attorneys, if needed. I'm by no means as knowledgeable as a lot of VJ members. But, it sure wouldn't hurt if you could have an attorney on your side.

Good luck and keep us posted!

Sorry to say, but seeing an attorney now, even a free one, WILL hurt. He will waste time better spent getting on an airplane and visiting his fiancee then filing a new petition. The petition he has filed WILL be denied and he WILL have to file a new one. He can resolve himself to the fact and correct it, or he can waste time on an attorney with an appeal and then get on a plane, visit his fiancee and file a new petition. I would plan on 8 months minimum for the appeal, then whatever time time it takes to visit and file a new petition. You are probably adding nearly a year to the process.

He has received good advice from many VJ members here, plus the benefit of Bobby's research of appeals, which is going far beyond a basic answer and Bobby is a good guy like that, a very valuable contributor.

My father always said "May as well start out doing what you are going to end up doing"

[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…

I was in the same situation that my petition was denied on the grounds that we did not see each other in the past two years before filling. I sumbitted my appeal and denied it too saying it was not received on time. They find very little things to deny a petition if all the requirements are not met. I went back home and married my fiance two years ago in a small ceremony and filled both I-130 and I-129f. We finished everything and she will be here next month. Good luck with your process.

Hey..thanks for sharing your journey.....I really appreciate it. I'm starting to weigh my options now....and your input is really helpful... goodluck too on your journey

[DEDixon 39]

Hey..thanks for sharing your journey.....I really appreciate it. I'm starting to weigh my options now....and your input is really helpful... goodluck too on your journey

One of your options is which airline flies you to see your honey.

[Voltz 0]

Sorry to hear about your situation. (I will keep you in my prayers)

I agree with Jewel.There are plenty of pro bono (free) immigration attorneys available through different agencies. Catholic Charities is a good place to start. If you live in a large city, you should be able to locate a coalition or support group that can steer you in the right direction.If you do not live in a large city, or can't find a coalition in your city, then try a large city that is close to you. Where I live there are several places you can turn to for free immigration attorneys, if needed. I'm by no means as knowledgeable as a lot of VJ members. But, it sure wouldn't hurt if you could have an attorney on your side.

Good luck and keep us posted!

thanks a lot for your prayers, I really need those at this time..

for update, I've just received a personal message 30 minutes ago from one of the members asking for my email...the guy said, he was also in the same situation several years back but on a different requirement, the girl's marriage annulment is not yet final...there were still some government agencies that needs to sign the document to make it official...to cut the long story short, it was also a requirement that wasn't satisfied...and he was also given a time frame to submit the proof or the petition will be denied...what he did was, he asked the USCIS for a chance to explain his side through a one on one dialogue with an immigration officer....and he was given that chance...to cut the long story short again...his fiancee, who's now his wife is in the process of changing her status....so, I guess, there's still hope on my case, I already have scheduled to meet an immigration officer. All I need to do now is to hope that the officer will be a level headed person who will see the merits of my case and agree that the more than 20 years relationship which bore a son is a much more solid proof than a 2 or a year old photo and photocopies of passports stamps...

To all who gave me hope, I will send you a PM on the outcome of our journey...my one on one dialogue will be on the 18th of this month at SFO...thanks guys...and to the doomsayers...may God bless us all....and to the guy who privately emailed me, whatever the outcome might be, I will think of you as an angel in disguise...good luck bro on your journey too...thank you very much for the info...

[lazulineiris 0]

As people have said, it will be nigh impossible to prove hardship. On USCIS' website, there is a section to review administrative decisions for various petitions. I've linked you to the decisions pertaining to K-1 visas. To save yourself some time, here is a decision that relates most to your case: click. Specifically, page 4 will contain most of the information that you may find relevant to this matter.

Unfortunately, I've read many of these and have seen very few cases where their hardships are recognized; in those cases, the circumstances were quite extreme and involved a lot of work on the part of the petitioner. Either way, reading through some may be helpful to you. Good luck.

[ZorValachan 0]

Sorry to hear about your situation. (I will keep you in my prayers)

I agree with Jewel.There are plenty of pro bono (free) immigration attorneys available through different agencies. Catholic Charities is a good place to start. If you live in a large city, you should be able to locate a coalition or support group that can steer you in the right direction.If you do not live in a large city, or can't find a coalition in your city, then try a large city that is close to you. Where I live there are several places you can turn to for free immigration attorneys, if needed. I'm by no means as knowledgeable as a lot of VJ members. But, it sure wouldn't hurt if you could have an attorney on your side.

Good luck and keep us posted!

thanks a lot for your prayers, I really need those at this time..

for update, I've just received a personal message 30 minutes ago from one of the members asking for my email...the guy said, he was also in the same situation several years back but on a different requirement, the girl's marriage annulment is not yet final...there were still some government agencies that needs to sign the document to make it official...to cut the long story short, it was also a requirement that wasn't satisfied...and he was also given a time frame to submit the proof or the petition will be denied...what he did was, he asked the USCIS for a chance to explain his side through a one on one dialogue with an immigration officer....and he was given that chance...to cut the long story short again...his fiancee, who's now his wife is in the process of changing her status....so, I guess, there's still hope on my case, I already have scheduled to meet an immigration officer. All I need to do now is to hope that the officer will be a level headed person who will see the merits of my case and agree that the more than 20 years relationship which bore a son is a much more solid proof than a 2 or a year old photo and photocopies of passports stamps...

To all who gave me hope, I will send you a PM on the outcome of our journey...my one on one dialogue will be on the 18th of this month at SFO...thanks guys...and to the doomsayers...may God bless us all....and to the guy who privately emailed me, whatever the outcome might be, I will think of you as an angel in disguise...good luck bro on your journey too...thank you very much for the info...

So... you're going to ignore everyone's advice, on a whim, because someone else got through on a completely different requirement failure.

From what you stated, his was because a marriage was not annulled, and that it is being done now is allowing his petition through.

Although you have similar in that your fiancee's marriage was not annulled, you have other multiple things that do not qualify.You are sprinkling questions of 'why' through each step of your process. Even if you get a waiver/pass for 1 of the things, you are putting up a roadblock for the next steps.

1) You have not seen her in 3 years. This is already shown to not be a valid reason, by another member here.

2) Money is needed for the Actual Visa, the AOS, and you have to do the Affidavit of Support, which is so she won't become a taxpayer burden. You're going to claim financial hardship, which has already been shown to not be accepted.

And what you are trying to do is be stubborn and bullheaded and do it -your- way no matter what reality is.

You're scheduling a meeting; Time and Money, especially if you hire a lawyer. Can't you see you are adding time and money to be with your loved one?

The USCIS does not grant the visa. That is the Embassy. They're going to look at the same documents, hardship waivers, whatever and at the minimum will be more delays, harder questioning, and again, a great possibility of failure.

And when you are told 'no', you will still have to do it over again. And have even more time and money to spend on the exact same process.

And even on the non-existent chance that God comes down and changes reality to answer your prayer personally, by giving you an officer who is flaky and throws rules out the window and everyone else down the line through to the interview does as well, the time it will take to get waivers, and whatever else you need will end up taking longer than just canceling the k-1, going there, marrying and doing it all the Proper way.

Because if I was the official, as much as I would empathize with the pain you are going through from so many years of not being married and being away from the one you love, the professional me, at the job, would tell you no.

Make some more money, visit her, and come back when you meet the requirements.

To state again, your 'problem' is not the annulment, like the other guy. She had it before the petition was submitted. You are trying to go cause-and-effect down the line to a past the 2 year requirement based on 'financial hardship'. It is not the same. Financial hardship not related to physical/mental illness that prevents you from traveling is most likely not hardship in the eyes of the law (look at how extremely few people can get a hardship discharge from student loans in a bankruptcy. you are looking at a 99.9% failure rate). And giving so much money to your fiancee (over $8000) 'screams' fraud in the eyes of immigration. Really, doesn't matter if it was real that her mother needed surgery. How many others have falsely claimed this to make money? Thousands.

I am not trying to be mean. Just slam a bit of reality in your face to get you to wake up from happy hopeful dreaming. maybe you did not understand Gary's 'shooting yourself' analogy. he basically was trying to tell you that for each of your 'explanations', you are adding another problem to your case, making the probability of your case going through a 0%. 3 Year requirement-fail, Financial Stability-red flag, sending woman $8000 to pay for 'mother's medical problems'-red flag.

I do wish you good luck, but this process is not about prayers, luck, or any other magic. It's about a guy sitting in an office, on if his day is good or bad and how many of the problems you specifically point out to him, which are frankly, quite a lot.

[Voltz 0]

Sorry to hear about your situation. (I will keep you in my prayers)

I agree with Jewel.There are plenty of pro bono (free) immigration attorneys available through different agencies. Catholic Charities is a good place to start. If you live in a large city, you should be able to locate a coalition or support group that can steer you in the right direction.If you do not live in a large city, or can't find a coalition in your city, then try a large city that is close to you. Where I live there are several places you can turn to for free immigration attorneys, if needed. I'm by no means as knowledgeable as a lot of VJ members. But, it sure wouldn't hurt if you could have an attorney on your side.

Good luck and keep us posted!

thanks a lot for your prayers, I really need those at this time..

for update, I've just received a personal message 30 minutes ago from one of the members asking for my email...the guy said, he was also in the same situation several years back but on a different requirement, the girl's marriage annulment is not yet final...there were still some government agencies that needs to sign the document to make it official...to cut the long story short, it was also a requirement that wasn't satisfied...and he was also given a time frame to submit the proof or the petition will be denied...what he did was, he asked the USCIS for a chance to explain his side through a one on one dialogue with an immigration officer....and he was given that chance...to cut the long story short again...his fiancee, who's now his wife is in the process of changing her status....so, I guess, there's still hope on my case, I already have scheduled to meet an immigration officer. All I need to do now is to hope that the officer will be a level headed person who will see the merits of my case and agree that the more than 20 years relationship which bore a son is a much more solid proof than a 2 or a year old photo and photocopies of passports stamps...

To all who gave me hope, I will send you a PM on the outcome of our journey...my one on one dialogue will be on the 18th of this month at SFO...thanks guys...and to the doomsayers...may God bless us all....and to the guy who privately emailed me, whatever the outcome might be, I will think of you as an angel in disguise...good luck bro on your journey too...thank you very much for the info...

So... you're going to ignore everyone's advice, on a whim, because someone else got through on a completely different requirement failure.

From what you stated, his was because a marriage was not annulled, and that it is being done now is allowing his petition through.

Although you have similar in that your fiancee's marriage was not annulled, you have other multiple things that do not qualify.You are sprinkling questions of 'why' through each step of your process. Even if you get a waiver/pass for 1 of the things, you are putting up a roadblock for the next steps.

1) You have not seen her in 3 years. This is already shown to not be a valid reason, by another member here.

2) Money is needed for the Actual Visa, the AOS, and you have to do the Affidavit of Support, which is so she won't become a taxpayer burden. You're going to claim financial hardship, which has already been shown to not be accepted.

And what you are trying to do is be stubborn and bullheaded and do it -your- way no matter what reality is.

You're scheduling a meeting; Time and Money, especially if you hire a lawyer. Can't you see you are adding time and money to be with your loved one?

The USCIS does not grant the visa. That is the Embassy. They're going to look at the same documents, hardship waivers, whatever and at the minimum will be more delays, harder questioning, and again, a great possibility of failure.

And when you are told 'no', you will still have to do it over again. And have even more time and money to spend on the exact same process.

And even on the non-existent chance that God comes down and changes reality to answer your prayer personally, by giving you an officer who is flaky and throws rules out the window and everyone else down the line through to the interview does as well, the time it will take to get waivers, and whatever else you need will end up taking longer than just canceling the k-1, going there, marrying and doing it all the Proper way.

Because if I was the official, as much as I would empathize with the pain you are going through from so many years of not being married and being away from the one you love, the professional me, at the job, would tell you no.

Make some more money, visit her, and come back when you meet the requirements.

To state again, your 'problem' is not the annulment, like the other guy. She had it before the petition was submitted. You are trying to go cause-and-effect down the line to a past the 2 year requirement based on 'financial hardship'. It is not the same. Financial hardship not related to physical/mental illness that prevents you from traveling is most likely not hardship in the eyes of the law (look at how extremely few people can get a hardship discharge from student loans in a bankruptcy. you are looking at a 99.9% failure rate). And giving so much money to your fiancee (over $8000) 'screams' fraud in the eyes of immigration. Really, doesn't matter if it was real that her mother needed surgery. How many others have falsely claimed this to make money? Thousands.

I am not trying to be mean. Just slam a bit of reality in your face to get you to wake up from happy hopeful dreaming. maybe you did not understand Gary's 'shooting yourself' analogy. he basically was trying to tell you that for each of your 'explanations', you are adding another problem to your case, making the probability of your case going through a 0%. 3 Year requirement-fail, Financial Stability-red flag, sending woman $8000 to pay for 'mother's medical problems'-red flag.

I do wish you good luck, but this process is not about prayers, luck, or any other magic. It's about a guy sitting in an office, on if his day is good or bad and how many of the problems you specifically point out to him, which are frankly, quite a lot.

correct me if I'm wrong...are you trying to say that I just cancel the appointment because a lot of people here are saying that mine was a lost cause is that it?.....hmmm...I think you've got some good points there and that the Embassy grants Visas and not the USCIS...I stand corrected on that..I probably was misinformed, I thought Embassies are for diplomatic missions...Ok you win, I'm calling the USCIS to cancel my appointment...thanks bro and btw, slamming a bit of reality in my face to wake me up from my happy, hopeful dream is not mean..we all need a bit of slamming from time to time ...god bless you

"Often the difference between a successful man and a failure is not one's better abilities or ideas, but the courage that one has to bet on his ideas, to take a calculated risk, and to act." - Maxwell Maltz

[ZorValachan 0]

What I am saying is this:

You will go to your appointment.

You will be asked why you are there.

You will explain you want them to bypass the 2 year rule.

They will ask why you did not do the I-129F petition within 2 years of last meeting your fiancee.

You will say until March your fiancee did not have an annulment to her previous marriage.

1) First Fed Flag-Woman gets annulment of marriage and immediately wants to immigrate to the USA.

If they allow you to continue:

They will ask why you did not go there 2 years before you sent in your petition

You will say you have 'financial hardship'.

2) Second Red Flag-Petitioner does not have enough money to go there-therefore how will he support a spouse?

If they allow you to continue:

Ask why you have financial hardship

You will state: Because I gave my fiancee $8000

3) Third Red Flag-Possible 'business transaction/bought marriage-immigration'.

You have now supplied them with 3 more reasons why they should say no.

When is your appointment? Tomorrow? next week?

You could go to PI and be back in that time with all the proof of meeting. You could have went this weekend.

I never said cancel the appointment. The gist of what I wrote was that it will most certainly be a failure and your actions/time/money should be in preparation to get things done they way they are supposed to be done.

But while you can hope for the best, it doesn't mean you cannot prepare for the worst at the same time.

[ZorValachan 0]

Your I-129F is a petition in order that your fiancee be allowed to apply for a visa. USCIS accepts/denies the petition and dictates yes or no on if your fiancee can do the actual visa application process. That is where she gives the interview at the embassy. The interviewer there has all your paperwork in front of him. He sees the exact same evidences, but is a different person and what the USCIS agent OKed, does not mean the Embassy agent has to OK it too. Too many people here have already posted a multitude of topics in which they or their fiance(e) got denied in the interview for reasons; both seemingly legitimate and others that seemed to me extremely petty. Embassies issue USA visas to those of the countries they are located in. This is including in 'diplomacy'.