RFE help, suggestions.

[Mark & Kin 0]

Hi all,

I rec'd an RFE letter containing;

Submit evidence that you and your fiance (e) have met each other in person at some time during the two-year period from October 15, 2007 until October 15, 2009, the filing date of your petition. Evidence may include, but is not limited t:

Your own statement, which must include the date, place, and circumstances of your meeting, and should be supported by copies of transportation tickets , photos (date and place of the photo must be noted on photos), and/ or letters written to each other after your meeting. Additionally, photocopies of your and/ or your fiance (e)'s passports, (including biographical data pages and pages showing entry/ exit stamps, where applicable) showing that you have both been present in a given location at the same time may be submitted.

Affidavits from others must (1) identify the affiant and state the nature of that affiant's relationship to either party, (2) set forth the basis of the affiant's knowledge, and (3) contain a statement of the facts the affiant knows regarding your meeting.

If you have not met the beneficiary in person at some time during the two-year period from October 15, 2007, until October 15, 2009, the filing date of your petition, provide evidence which establishes that compliance would result in extreme hardship to yourself;

The thing is, the last time we met was on April 2007 and i started a new job on August 2007, and the company would not let me go on vacation after a year or so, I was allowed to go for 5 days and that was it and I was not able to go visit again on 2008 because of the recession that just happened and I was afraid to loose my job if I insisted of going for more than 2 weeks...until then all we did after the last meeting was to send each other greeting cards and emails occasionally. Now i don't know what to do if I should get a letter from the company that I was hired on Aug 2007 and so forth...

Thank you.

[Dakine 26]

Hi all,

I rec'd an RFE letter containing;

Submit evidence that you and your fiance (e) have met each other in person at some time during the two-year period from October 15, 2007 until October 15, 2009, the filing date of your petition. Evidence may include, but is not limited t:

Your own statement, which must include the date, place, and circumstances of your meeting, and should be supported by copies of transportation tickets , photos (date and place of the photo must be noted on photos), and/ or letters written to each other after your meeting. Additionally, photocopies of your and/ or your fiance (e)'s passports, (including biographical data pages and pages showing entry/ exit stamps, where applicable) showing that you have both been present in a given location at the same time may be submitted.

Affidavits from others must (1) identify the affiant and state the nature of that affiant's relationship to either party, (2) set forth the basis of the affiant's knowledge, and (3) contain a statement of the facts the affiant knows regarding your meeting.

If you have not met the beneficiary in person at some time during the two-year period from October 15, 2007, until October 15, 2009, the filing date of your petition, provide evidence which establishes that compliance would result in extreme hardship to yourself;

The thing is, the last time we met was on April 2007 and i started a new job on August 2007, and the company would not let me go on vacation after a year or so, I was allowed to go for 5 days and that was it and I was not able to go visit again on 2008 because of the recession that just happened and I was afraid to loose my job if I insisted of going for more than 2 weeks...until then all we did after the last meeting was to send each other greeting cards and emails occasionally. Now i don't know what to do if I should get a letter from the company that I was hired on Aug 2007 and so forth...

Thank you.

Looks like you have to make another trip. You'll need more evidence of you guys having met in the last 2 years {since Oct 15, 2007.}.

then all we did after the last meeting was to send each other greeting cards and emails occasionally

Doesn't sound like much of a bonafide relationship.

Sounds like you need more evidence of communication like phone records.

Probably need more pictures also.

[christeen 966]

One of the basic requirements is to have met in person within the last 2 years... So if that is not the case, then I would say you need to arrange to meet up again and provide photographs, plane tickets etc... A few cards and a couple of e-mails would certainly throw up some red flags... From what you are saying, you do not meet the basic within 2 years requirement. I do not think that a letter saying you had a job will excuse this basic requirement... Do you have phone records or chat logs or anything else proving an ongoing relationship?

[brightskte 18]

If you've only been sending greeting cards and emails OCCASIONALLY then your relationship doesn't sound "real" to me. And if it doesn't sound real to just a regular outsider, it's definitely not going to look real to a CO. They're job is this kind of stuff.

If your relationship is an actual relationship, you're going to have to make another trip and bulk up on your evidence. Sounds to me like even if you didn't get an RFE for what you did, you'd still come up with a loss at the interview if you're only emailing each other and sending cards occasionally.

[Otto 83]

The thing is, the last time we met was on April 2007

This is very likely going to be a deal breaker with USCIS.

Since you can not show evidence of having met (in person) within the past two years - the petition will very likely be denied. There is little hope in writing a letter explaining your work would not allow you to take vacation. It will very likely fall on deaf ears. It is unfortunate but it is one of the two minimum requirements (the other being free to marry).

[kizza 1]

The thing is, the last time we met was on April 2007

This is very likely going to be a deal breaker with USCIS.

Since you can not show evidence of having met (in person) within the past two years - the petition will very likely be denied. There is little hope in writing a letter explaining your work would not allow you to take vacation. It will very likely fall on deaf ears. It is unfortunate but it is one of the two minimum requirements (the other being free to marry).

I agree, because even if you meet now, it is not the evidence they are asking for. They want proof of meeting in person between October 2007 and October 2009.

[Mark & Kin 0]

One of the basic requirements is to have met in person within the last 2 years... So if that is not the case, then I would say you need to arrange to meet up again and provide photographs, plane tickets etc... A few cards and a couple of e-mails would certainly throw up some red flags... From what you are saying, you do not meet the basic within 2 years requirement. I do not think that a letter saying you had a job will excuse this basic requirement... Do you have phone records or chat logs or anything else proving an ongoing relationship?

thanks for suggesting, yes we do have phone records and some webcam snapshots.

[brightskte 18]

One of the basic requirements is to have met in person within the last 2 years... So if that is not the case, then I would say you need to arrange to meet up again and provide photographs, plane tickets etc... A few cards and a couple of e-mails would certainly throw up some red flags... From what you are saying, you do not meet the basic within 2 years requirement. I do not think that a letter saying you had a job will excuse this basic requirement... Do you have phone records or chat logs or anything else proving an ongoing relationship?

thanks for suggesting, yes we do have phone records and some webcam snapshots.

But if you haven't met between October 2007 and October 2009 it wont matter if you have a stack of webcam snapshots and phone records the size of Mt. Everest, because you don't meet their basic requirements. Until you make another visit and supply them with the information they've requested you will not likely see your case being worked on again.

[Otto 83]

Until you make another visit and supply them with the information they've requested you will not likely see your case being worked on again.

And P.S., if you flew out tomorrow and came back with new evidence - you'd very likely have to start over since you did not qualify at the time the petition was filed - can't qualify on the run.

[brightskte 18]

Until you make another visit and supply them with the information they've requested you will not likely see your case being worked on again.

And P.S., if you flew out tomorrow and came back with new evidence - you'd very likely have to start over since you did not qualify at the time the petition was filed - can't qualify on the run.

That's a perfect point. It doesn't matter if you go visit now. They don't care about now. They care about October 2007- October 2009. This is December.

[ScottThuy 140]

Until you make another visit and supply them with the information they've requested you will not likely see your case being worked on again.

And P.S., if you flew out tomorrow and came back with new evidence - you'd very likely have to start over since you did not qualify at the time the petition was filed - can't qualify on the run.

Sounds like a visit and a refile is in order.. sad but true.. they(USCIS) MUST adhere to the met in person within the past two years rule since it is a requirement for eligibility..

[Mark & Kin 0]

Until you make another visit and supply them with the information they've requested you will not likely see your case being worked on again.

And P.S., if you flew out tomorrow and came back with new evidence - you'd very likely have to start over since you did not qualify at the time the petition was filed - can't qualify on the run.

Sounds like a visit and a refile is in order.. sad but true.. they(USCIS) MUST adhere to the met in person within the past two years rule since it is a requirement for eligibility..

does that mean I have to apply again after 2 years from now or I can re-apply again with the same evidence I've provided plus the new ones?

[brightskte 18]

Reapply with the same evidence you've got plus LOTS of new evidence. You don't have to make more than one more visit, but take a lot of pictures, make sure to save your boarding passes, receipts, etc.

From here on out you need to start doing more than just emailing and sending cards occasionally. If you truly want to get married then you have to really be serious about this. Remember, this process isn't free. You wouldn't want to waste more than what you've already lost, would you?

[Otto 83]

does that mean I have to apply again after 2 years from now or I can re-apply again with the same evidence I've provided plus the new ones?

If you are certain you can not establish evidence of having met (per USCIS requirements) then perhaps you should consider withdrawing the current petition (this would be done by writing a simple letter of explanation) - then re-petitioning once you have confirmation the current one has been withdrawn and you have met the minimum requirements.

When/if re-petitioning - you can do so as soon as you have met the requirement(s) - in other words, you could petition as soon as you have met in person. (No need to wait two years.)

Really rotten news...

[Gary and Alla 3,696]

Hi all,

I rec'd an RFE letter containing;

Submit evidence that you and your fiance (e) have met each other in person at some time during the two-year period from October 15, 2007 until October 15, 2009, the filing date of your petition. Evidence may include, but is not limited t:

Your own statement, which must include the date, place, and circumstances of your meeting, and should be supported by copies of transportation tickets , photos (date and place of the photo must be noted on photos), and/ or letters written to each other after your meeting. Additionally, photocopies of your and/ or your fiance (e)'s passports, (including biographical data pages and pages showing entry/ exit stamps, where applicable) showing that you have both been present in a given location at the same time may be submitted.

Affidavits from others must (1) identify the affiant and state the nature of that affiant's relationship to either party, (2) set forth the basis of the affiant's knowledge, and (3) contain a statement of the facts the affiant knows regarding your meeting.

If you have not met the beneficiary in person at some time during the two-year period from October 15, 2007, until October 15, 2009, the filing date of your petition, provide evidence which establishes that compliance would result in extreme hardship to yourself;

The thing is, the last time we met was on April 2007 and i started a new job on August 2007, and the company would not let me go on vacation after a year or so, I was allowed to go for 5 days and that was it and I was not able to go visit again on 2008 because of the recession that just happened and I was afraid to loose my job if I insisted of going for more than 2 weeks...until then all we did after the last meeting was to send each other greeting cards and emails occasionally. Now i don't know what to do if I should get a letter from the company that I was hired on Aug 2007 and so forth...

Thank you.

You are not qualified for a fiancee visa. You need to start over. There are no exceptions to this rule that you wqould have any chance or receiving. Go to PI, visit her again and re-file (yes, you lost the $455)

Proving "hardship" in a case that requires you to provide financial support for her TWICE, for the visa and for the AOS is not recommended. You will have a difficult time proving you can bring her here and support her, but you cannot visit the PIs. It is boiler plate language. It will be much faster, better, cheaper to book a flight to PI ASAP and start over.