question about my k1 need some advise

[chuckandmalou 0]

me and my girlfriend meet online we been seing eacth other online now for a year this month i filed her k1 visa back july 6th we had not meet prior to me filing because i was in accident at work and have six busted diskes in my neck and am awaiting fusion disk surgery so therefore i tryed to file on the being hardship waiver that i coulld not make the long trip to the philiphines because my doctors dint belive that exstended flight would be good for my condition i had sent in with my k1 statesments from my doctors stateing that i was unable to make that fly and it would only worsen my condition so in september they sent me a intent to denie my visa and only gave me 30 days to either have her meet me half way wich she cant do without a visitors visa and we know how hard that is to get or me travel to the philiphines and meet her that somehow we was gonna have to meet some where to meet the requirement so i decided to go ahead and fly there and meet her in cebu spend 11 days there wich i did all went well but my passport was late getting here and i was having problems getting a desent price on a flight being so that thanksgiving to meet there deadline of november 13th so i sent them a letter told them that i would be landing in the philiphines to meet her on the 114th of november and i needed more time to submitt my evidnce of us meeting in person i retuned back to the us on the 24th of november and then submitted my boarding passes and photos and all my hotel recipts on the 27th of november the 2 of december they send me a denial letter saying that they gave me the option to submitt the evidnce but only alwed me few days then made there decions before they got my evidence they gave me the option of refiling or apealing the visa with the eveidence my question here is should i appeal it or refile it and not add anything new other than the evidence of us meeting basically just do a repete and only add the evidenxce that they denied it for if i refile it will be cheaper and im asuming faster than if i apeal from what i hear i have very strong eveidence of relationship i have subbmitted a year of chat and phone calls a year of suppoting her western union reciepts for the past year of her sopport to her and her 2 sons they seemd very sure we had a relationship with my proof they just dint like the fact we hadnt meet in prerson she also now is a month pregnate by me will that have any affect on her visa getting approved will we run into any issues on that at the emabsssy any comments and ideal would be greatly appreciated thanks and have a happy new year

[NigeriaorBust 4,087]

They are pretty strict on the requirement that you meet BEFORE you file. If you can't fly you would have had to prove she couldn't come here either . You didn't manage to meet that requirement so they denied it. It has happened to others on here . The easiest is just to file a new petition now that you have met her and it should be fine, assuming you have everything else in order. The guides on VJ are a great help to putting a good package together.

[pushbrk 13,632]

me and my girlfriend meet online we been seing eacth other online now for a year this month i filed her k1 visa back july 6th we had not meet prior to me filing because i was in accident at work and have six busted diskes in my neck and am awaiting fusion disk surgery so therefore i tryed to file on the being hardship waiver that i coulld not make the long trip to the philiphines because my doctors dint belive that exstended flight would be good for my condition i had sent in with my k1 statesments from my doctors stateing that i was unable to make that fly and it would only worsen my condition so in september they sent me a intent to denie my visa and only gave me 30 days to either have her meet me half way wich she cant do without a visitors visa and we know how hard that is to get or me travel to the philiphines and meet her that somehow we was gonna have to meet some where to meet the requirement so i decided to go ahead and fly there and meet her in cebu spend 11 days there wich i did all went well but my passport was late getting here and i was having problems getting a desent price on a flight being so that thanksgiving to meet there deadline of november 13th so i sent them a letter told them that i would be landing in the philiphines to meet her on the 114th of november and i needed more time to submitt my evidnce of us meeting in person i retuned back to the us on the 24th of november and then submitted my boarding passes and photos and all my hotel recipts on the 27th of november the 2 of december they send me a denial letter saying that they gave me the option to submitt the evidnce but only alwed me few days then made there decions before they got my evidence they gave me the option of refiling or apealing the visa with the eveidence my question here is should i appeal it or refile it and not add anything new other than the evidence of us meeting basically just do a repete and only add the evidenxce that they denied it for if i refile it will be cheaper and im asuming faster than if i apeal from what i hear i have very strong eveidence of relationship i have subbmitted a year of chat and phone calls a year of suppoting her western union reciepts for the past year of her sopport to her and her 2 sons they seemd very sure we had a relationship with my proof they just dint like the fact we hadnt meet in prerson she also now is a month pregnate by me will that have any affect on her visa getting approved will we run into any issues on that at the emabsssy any comments and ideal would be greatly appreciated thanks and have a happy new year

An appeal would probably be a waste of time. I would simply file again with the appropriate evidence of meeting in person.

[Ladylethal 12]

Well, your option is too meet in person, and refile.

[JimVaPhuong 4,864]

They are pretty strict on the requirement that you meet BEFORE you file. If you can't fly you would have had to prove she couldn't come here either . You didn't manage to meet that requirement so they denied it. It has happened to others on here . The easiest is just to file a new petition now that you have met her and it should be fine, assuming you have everything else in order. The guides on VJ are a great help to putting a good package together.

I'm not aware of any requirement that you have to prove the beneficiary can't travel to meet the petitioner. The only requirement I'm aware of is that you can prove it would be a hardship on the petitioner. I don't know what evidence the OP submitted to prove his hardship, but USCIS obviously didn't buy it. Maybe it was because the doctor's letters said it would be difficult but not impossible for him to travel, or because the letters said he could travel after surgery, which would make his hardship temporary. I don't know, and I doubt if the denial letter from USCIS made it clear. The fact that he was able to travel after all means USCIS was probably correct in denying the waiver request.

To the OP, you should refile. Appeals take too much time, and it's not likely your appeal would succeed. You did eventually make the trip, so your hardship waiver request is pretty much void, but you didn't make the trip before submitting the I-129F, so they have a solid reason to deny. Your denial was based on not meeting a requirement, which you can now meet, so it shouldn't have any affect on a new petition. The only benefit of appealing at this point is that you might salvage the $455 filing fee if you succeed, but if you don't succeed you'll lose the fee and end up refiling anyway. Skip the headache and just refile.

Also, PLEASE use punctuation and paragraphs in your posts. Your post is extremely difficult to read.

[msu17 0]

I'm not aware of any requirement that you have to prove the beneficiary can't travel to meet the petitioner. The only requirement I'm aware of is that you can prove it would be a hardship on the petitioner. I don't know what evidence the OP submitted to prove his hardship, but USCIS obviously didn't buy it. Maybe it was because the doctor's letters said it would be difficult but not impossible for him to travel, or because the letters said he could travel after surgery, which would make his hardship temporary. I don't know, and I doubt if the denial letter from USCIS made it clear. The fact that he was able to travel after all means USCIS was probably correct in denying the waiver request.

To the OP, you should refile. Appeals take too much time, and it's not likely your appeal would succeed. You did eventually make the trip, so your hardship waiver request is pretty much void, but you didn't make the trip before submitting the I-129F, so they have a solid reason to deny. Your denial was based on not meeting a requirement, which you can now meet, so it shouldn't have any affect on a new petition. The only benefit of appealing at this point is that you might salvage the $455 filing fee if you succeed, but if you don't succeed you'll lose the fee and end up refiling anyway. Skip the headache and just refile.

Also, PLEASE use punctuation and paragraphs in your posts. Your post is extremely difficult to read.

Agree with you, except I think while there may not be a requirement to prove the beneficiary can't travel, common sense would dictate that if he can't travel, she would need to prove she couldn't get into the US on a tourist visa. If she could, then should could fly over, satisfying the requirement to meet. JUst because the USC can't fly to the beneficiary's country doesn't preclude them from meeting necessarily. Just something I think anyone trying to prove hardship should include.

To OP, best to just refile. Good luck and quick processing to you.

[NigeriaorBust 4,087]

I have read in an old post that someone that was medically unable to fly had to prove that the other party couldn't be the one to travel. They applied for a tourist visa , were denied and meet that part of the burden of proof.

[pushbrk 13,632]

I have read in an old post that someone that was medically unable to fly had to prove that the other party couldn't be the one to travel. They applied for a tourist visa , were denied and meet that part of the burden of proof.

That's correct. They may also be required they can't get a visa to enter a closer country like Mexico or Canada that would be suitable for the USC's travel restrictions. All this is water under the bridge. They now need to refile with evidence of meeting.

[chuckandmalou 0]

i got it refiled and my noa1 january 7th hope all goes well and little faster this time around, thanks to all thats helped me with advise it was alot of help

[baron555 934]

me and my girlfriend meet online we been seing eacth other online now for a year this month i filed her k1 visa back july 6th we had not meet prior to me filing because i was in accident at work and have six busted diskes in my neck and am awaiting fusion disk surgery so therefore i tryed to file on the being hardship waiver that i coulld not make the long trip to the philiphines because my doctors dint belive that exstended flight would be good for my condition i had sent in with my k1 statesments from my doctors stateing that i was unable to make that fly and it would only worsen my condition so in september they sent me a intent to denie my visa and only gave me 30 days to either have her meet me half way wich she cant do without a visitors visa and we know how hard that is to get or me travel to the philiphines and meet her that somehow we was gonna have to meet some where to meet the requirement so i decided to go ahead and fly there and meet her in cebu spend 11 days there wich i did all went well but my passport was late getting here and i was having problems getting a desent price on a flight being so that thanksgiving to meet there deadline of november 13th so i sent them a letter told them that i would be landing in the philiphines to meet her on the 114th of november and i needed more time to submitt my evidnce of us meeting in person i retuned back to the us on the 24th of november and then submitted my boarding passes and photos and all my hotel recipts on the 27th of november the 2 of december they send me a denial letter saying that they gave me the option to submitt the evidnce but only alwed me few days then made there decions before they got my evidence they gave me the option of refiling or apealing the visa with the eveidence my question here is should i appeal it or refile it and not add anything new other than the evidence of us meeting basically just do a repete and only add the evidenxce that they denied it for if i refile it will be cheaper and im asuming faster than if i apeal from what i hear i have very strong eveidence of relationship i have subbmitted a year of chat and phone calls a year of suppoting her western union reciepts for the past year of her sopport to her and her 2 sons they seemd very sure we had a relationship with my proof they just dint like the fact we hadnt meet in prerson she also now is a month pregnate by me will that have any affect on her visa getting approved will we run into any issues on that at the emabsssy any comments and ideal would be greatly appreciated thanks and have a happy new year

Wow, Capital letters and Punctuation Marks would make this a better read.

Just refile your petition again. You could have met in a foreign country that is closer for you.