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

[milimelo 4,255]

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.

Wait, he knew how to fill out the I-129f form but failed to read the INSTRUCTIONS where it clearly says what's to be submitted and what periods are covered?

Page 1, Section Who May File this Form?, number 2 clearly states "and have met in person within two years before your filing of this petition"

I strongly suggest your friend hire a lawyer in this case as he can't follow instructions and will mess up any other immigration petition filings.

[Gary and Alla 3,694]

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

They will not be approved. He will receive an RFE asking for proof that they have met within the last two years BEFORE the petition was filed. He will not have any and the petition will be denied. The fee is non-refundable. There is no religion I am aware of that forbids the meeting of fiance(e)s in person that would qualify for a waiver of this requirement.

Go to Pakistan, visit her and refile.

[Gary and Alla 3,694]

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 unless it is true and there is no truth to that.

Yor friend needs to read the instructions and study for this process before he sends any further sort of petition or gets married. Relgious weddings are accepted by the US government but being married is not a slam dunk visa approval, however he would still be legally married.

He should cease sending off ANY petition of any type until he is knowledgeable of what he is doing. This is not a dinner date, he owes it to his fiancee to be informed.

Pushbrk's suggestion to respond to the RFE with a withdrawl letter is a good one.

[pushbrk 12,243]

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:

It doesn't seem appropriate to YOU because you have no clue what you're talking about. "Due to the cultural values and customs he has not communicate with his finace", does not meet he is forbidden from meeting in person. They HAVE met and can meet again. The requirement will not be waived and what you suggested would be a lie.

[bigdog 376]

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.

The rules are specific, you must visit within 2 years when you apply, reapply, or see an attorney.

[maya62 7]

I remember ages ago reading case decisions of people who had appealed USCIS K1 petition denials. Quite a few of them were based on the grounds the OP inquired about (a religious and/or cultural prohibition on meeting), and I don't remember any of the couples being sucessful on appeal on those grounds. The only one I remember as successful was an instance where the USC was unable to travel due to some awful medical condition. These would've been cases from about 2000-20004.

If you are interested in reviewing some of these appeals, you can find them on the USCIS website on the link below. In case the link doesn't work, they are easy to find: just below the heading, click on "Laws", then on the left hand menu, click on Administrative Decisions, then scroll down to category D6 - Fiance visa petitions, then pick a year.

http://www.uscis.gov/portal/site/uscis/menuitem.2540a6fdd667d1d1c2e21e10569391a0/?vgnextoid=0609b8a04e812210VgnVCM1000006539190aRCRD&vgnextchannel=0609b8a04e812210VgnVCM1000006539190aRCRD&path=%2FD6+-+Fiancees+and+Fiances+of+U.S.+Citizen+%28K-1%29

FWIW, I think Pushbrk is right on this one, And tell them to FOLLOW DIRECTIONS and BE HONEST!

Best wishes to the couple.

maya

[pushbrk 12,243]

These would've been cases from about 2000-20004.

Humorous typo, but I expect the same will continue to be true if USCIS is still around in 20004.

[Nate & Gladys 0]

It doesn't seem appropriate to YOU because you have no clue what you're talking about. "Due to the cultural values and customs he has not communicate with his finace", does not meet he is forbidden from meeting in person. They HAVE met and can meet again. The requirement will not be waived and what you suggested would be a lie.

Many apologies for my lack of a clue. I will defer to your expertise on their cultural norms.

[Angela M. 2]

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:

Thank you, some people are quick to answer before really reading what is being asked.

[Angela M. 2]

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.

I clearly have no intention of lying so no thank you, I will not prepare to live outside of the US...I will be living with my fiance right here in good 'ol U S of A.

What I asked was based on the OP's comment. I am no expert in cultures but there are plenty of cultures that allow you to meet your future bride the first time and then are not allowed to see each other until the wedding date. I cannot make such assumption from the couple in this case because I am not a psychic.

I gave a suggestion based on what I have seen done in the past LEGALLY...if i give someone a suggestion based on a criteria that does not apply then clearly that suggestion no longer becomes valid. It is the OP's responsibility to see if my suggestion goes with their situation.

Edited August 20, 2011 by Angela & Tony