K1 applied but met 4 yers ago and not in last 2 yers

[irfan 0]

All

A friend of mine's son (USC) got engaged in pakistan about over 4 years ago. Due to the cultural values and customs he has not communicate with his finace but they had a ceremony and have pictures from that time. Both were under 18 at the time like 17 and 16 years old. Now the son over 21 has applied for K1 and got an RFE to prove he has met her in last 2 years. He has not visited pakistan since he got engaged. I need to know will they approve his petition if a copy of his US paaport pages for entery and exit to pakistan are sent from 4 years ago along with affidavit from parents from both sides. All answers are appreciated. Thanks

[Kengux 3]

No.. He will not be approved. The requirements are that, both the petitioner and the beneficiary must have met within 2years prior to filing the petition.

In their case however, they met more than 2years ago which violated the laws of K1, and that's why an RFE was given.

To overcome this obscurity , both of them needs to meet again and file within 2years of meeting. Its as simple as ABC.

[irfan 0]

Thats what i told them too. Just wanted to confirm. Thanks for your reply.

[irfan 0]

One more thing to clarify. Can he visit her in next few weeks and then submitt that as a proof of meeting for RFE sent, will they accept it? or does he need to apply a brand new petition?

[pushbrk 12,212]

One more thing to clarify. Can he visit her in next few weeks and then submitt that as a proof of meeting for RFE sent, will they accept it? or does he need to apply a brand new petition?

That won't work. The meeting must occur within the two years prior to filing the petition. I would respond to the RFE with a letter withdrawing the petition, then go meet and file again.

[Edi & Sua 1]

One more thing to clarify. Can he visit her in next few weeks and then submitt that as a proof of meeting for RFE sent, will they accept it? or does he need to apply a brand new petition?

No, they wont accept that. The meeting had to occur before he applied for K1 visa.

[irfan 0]

thanks to all who replied.

[pushbrk 12,212]

No, they wont accept that. The meeting had to occur before he applied for K1 visa.

No, the meeting had to occur before the petition was filed. Visas are applied for AFTER petitions are approved. Don't confuse petitions with visa applications.

[Angela M. 2]

That won't work. The meeting must occur within the two years prior to filing the petition. I would respond to the RFE with a letter withdrawing the petition, then go meet and file again.

Can't they send a letter specifying that cultural values forbade communication between them? I as because that is what the OP is implying. Is that not the only way to overcome the requirement for meeting in the past 2 yrs? I am not sure how that works which is why I am asking instead of telling them to do that.

[Harsh_77 716]

Can't they send a letter specifying that cultural values forbade communication between them? I as because that is what the OP is implying. Is that not the only way to overcome the requirement for meeting in the past 2 yrs? I am not sure how that works which is why I am asking instead of telling them to do that.

That would not work.

[pushbrk 12,212]

Can't they send a letter specifying that cultural values forbade communication between them? I as because that is what the OP is implying. Is that not the only way to overcome the requirement for meeting in the past 2 yrs? I am not sure how that works which is why I am asking instead of telling them to do that.

No! Not only will this not work, it won't work because it isn't true. Telling such a lie is a very bad thing. A successful USA immigration process requires truth telling. All ideas of saying, writing or answering anything with something other than the truth must be vanquished from your mind. Otherwise, be ready to plan a life together outside the USA.

[U & I 1]

All

A friend of mine's son (USC) got engaged in pakistan about over 4 years ago. Due to the cultural values and customs he has not communicate with his finace but they had a ceremony and have pictures from that time. Both were under 18 at the time like 17 and 16 years old. Now the son over 21 has applied for K1 and got an RFE to prove he has met her in last 2 years. He has not visited pakistan since he got engaged. I need to know will they approve his petition if a copy of his US paaport pages for entery and exit to pakistan are sent from 4 years ago along with affidavit from parents from both sides. All answers are appreciated. Thanks

There is something called waiver for meeting in last 2 years which is mentioned on USCIS website for K1 visa requiremnts...below is the exact text from the website,

"You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.

2. If you prove that the requirement to meet would result in extreme hardship to you"...

so in conclusion you will have to prove that it was against the custom and tradition...

My personal advice...get married and file for spousal visa...K1 route is dangerous specially for Muslims as consulate views them totally against the norm and scrutinize everything..and there is an added risk of Administrative processing...I am talking from my own experience...since he going there better to do NIkah and file it then..they can always do their reception back in US.

[irfan 0]

They are now thinking about doing the Nikah (the islamic wedding) there and then file the CR-1. its just that they did not knew the 2 yrs meeting rule before they submitted the petition. Thanks for all the replies.

[Nate & Gladys 0]

No! Not only will this not work, it won't work because it isn't true. Telling such a lie is a very bad thing. A successful USA immigration process requires truth telling. All ideas of saying, writing or answering anything with something other than the truth must be vanquished from your mind. Otherwise, be ready to plan a life together outside the USA.

Your response doesn't seem appropriate. It was not a suggestion to be untruthful. The suggestion appears to be based on this comment from the OP:

A friend of mine's son (USC) got engaged in pakistan about over 4 years ago. Due to the cultural values and customs he has not communicate with his finace but they had a ceremony and have pictures from that time.

[Edi & Sua 1]

No, the meeting had to occur before the petition was filed. Visas are applied for AFTER petitions are approved. Don't confuse petitions with visa applications.

That's what i meant. I guess i didn't use the right terminology.