RFE

[missynbubsy 0]

Hi everyone, I would just like to ask your opinion on our case. WE received RFE to prove that we have met in the last 2 years. Here's our scenario. We have been in the relationship for almost 12 years now. from year 2000 to 2006 we have been in the same country until he had to move to the US. he finally got his citizenship in 2011. We decided it would be best to file for a fiancee visa instead of Us getting maarried here since most of our families are already living in USA.So we filed. Now with the RFE im a little frustrated because we have not kept track of all evidences of him visiting me here, the last time he went home was in 2009.He has passport stamps of his entry and exit but only of that visit,( he lost his records when he moved to a diff state). They dont accept pictures as primary evidence but can we use old photos of us with date stamps at the bottom,, the one you get with a film camera?and photos of us in places in our country?We also did not keep receipts,resort stubs,airline tickets, since we never thught we would be going to go thru this process. And he does not have hotel receipts since he just stays with family when is here in the country. aIs there other ways we can prove things? like his diploma to prove that we went to the same school.We have letters and post cards but thats and I found out that those are secondary evidences only.

Im sorry if this is quite long.

[X Factor 1,110]

You have to have proof of meeting in the past two years when the application is filed. You are correct - pictures will not do and is the diploma more than two years?

[missynbubsy 0]

yes his diploma is more than 2 year old and mine is also more than 2 years old. CAn we use it?

[X Factor 1,110]

No the evidence of meeting has to be within the two years window.

[LeftCoastLady 441]

Are you sure nothing was saved during the two-year window that could be used as primary evidence? To avoid getting denied and having to start over again, you should both go through everything to see if you have something. Have you contacted the airline to see if they have records of the flight he was on?

[MikelanNida 28]

unless you have met in person between late november 2009 and late november 2011, which is when your timeline says you filed, there is no eveidence to collect, sorry but there is no way around that, if you have met maybe airlines have something you can use, or bank statements of purchases he made while there...

[LeftCoastLady 441]

unless you have met in person between late november 2009 and late november 2011, which is when your timeline says you filed, there is no eveidence to collect, sorry but there is no way around that, if you have met maybe airlines have something you can use, or bank statements of purchases he made while there...

Good point, if he used a debit or credit card, there's a paper trail. Check your statements online or call the bank/credit card company to get transaction details for the specific time periods.

[missynbubsy 0]

The last time he was here was in Aug-Sept of 2011. He was not able to come home because he transferred to a diff state( new job with no vacation leaves yet) then he had to file his citizenship so we thought it would be safe for him to wait for his naturalization. (he got hs cert in Oct2011). Does it mean because we have not seen each other for more than 2 years we 'd get denied? even if we have been together for almost 11 years? from 2000-2006 we were living in the same country.then he moved to the US and he has been coming home every year the last time being in AUg-Sept of 2009

Edited April 1, 2012 by missynbubsy

[LeftCoastLady 441]

The last time he was here was in Aug-Sept of 2011. He was not able to come home because he transferred to a diff state( new job with no vacation leaves yet) then he had to file his citizenship so we thought it would be safe for him to wait for his naturalization. (he got hs cert in Oct2011). Does it mean because we have not seen each other for more than 2 years we 'd get denied? even if we have been together for almost 11 years? from 2000-2006 we were living in the same country.then he moved to the US and he has been coming home every year the last time being in AUg-Sept of 2009

Wait, was his last trip August-September 2011 or August-September 2009? You have different years included in your comment.

If his last trip home was August-September 2009 and he filed the petition in November 2011 (going by your timeline), then that's past the two-year timeframe as it would be counting November 2009 to the time he filed the petition.

[missynbubsy 0]

im sorry for the confusion, his last trip home was in Aug-Sept 2009. Does this mean that no matter what we do we would still get denied?because i have not seen him in over 2 years? and even if our relatioship is valid and we have been together for so long. I think we should have gone the I-130 way but it would be very expensive if both our families fly back home,, I wanted to get married with our families with us:(.This is really sad

[reginakrys 33]

The last time he was here was in Aug-Sept of 2011. He was not able to come home because he transferred to a diff state( new job with no vacation leaves yet) then he had to file his citizenship so we thought it would be safe for him to wait for his naturalization. (he got hs cert in Oct2011). Does it mean because we have not seen each other for more than 2 years we 'd get denied? even if we have been together for almost 11 years? from 2000-2006 we were living in the same country.then he moved to the US and he has been coming home every year the last time being in AUg-Sept of 2009

If the last time he visited you was Aug-Sept of 2009, and you filed your petition November 2011, then I'm sorry there's really no way around it. The USCIS specifically requires of K-1 visa filers to have met within the last 2 years from filing the petition.

[LeftCoastLady 441]

im sorry for the confusion, his last trip home was in Aug-Sept 2009. Does this mean that no matter what we do we would still get denied?because i have not seen him in over 2 years? and even if our relatioship is valid and we have been together for so long. I think we should have gone the I-130 way but it would be very expensive if both our families fly back home,, I wanted to get married with our families with us:(.This is really sad

Unfortunately, without meeting in the past two years, you won't have proof to respond to the RFE. Your fiancé's best option now would be to withdraw the petition, get married, and start working on the I-130 option: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

[missynbubsy 0]

thank you all for your reply..I guess with have to do some change of plas then.

[KayDeeCee 4,892]

thank you all for your reply..I guess with have to do some change of plas then.

You do not have to change your plans and go the spousal visa route instead. Your fiance simply needs to withdraw the petition, visit you, then file a new I-129F petition using the current visit as your proof of meeting in the last 2 years prior to filing.

It does not matter how long you have known each other for the I-129F petition. One of the main requirements is having met in person, face-to-face within the 2 years prior to filing. Knowing each other for as long as you have CAN help out at the K-1 visa interview you will have in Manila though. You have a lot of evidence to prove an ongoing relationship. Unfortunately, you just do not meet the requirement of being together in person in the last 2 years. Like I said, just have him withdraw the petition, have a visit together, saving receipts, boarding passes, take pictures together with friends and family, then use the evidence, including the stamp in his passport to satisfy the requirement of the I-129F. You will have to pay the fee again, but the sooner he withdraws it and has a visit with you, the sooner you can refile and get your petition approved.

[steffbry 5]

Hi everyone, I would just like to ask your opinion on our case. WE received RFE to prove that we have met in the last 2 years. Here's our scenario. We have been in the relationship for almost 12 years now. from year 2000 to 2006 we have been in the same country until he had to move to the US. he finally got his citizenship in 2011. We decided it would be best to file for a fiancee visa instead of Us getting maarried here since most of our families are already living in USA.So we filed. Now with the RFE im a little frustrated because we have not kept track of all evidences of him visiting me here, the last time he went home was in 2009.He has passport stamps of his entry and exit but only of that visit,( he lost his records when he moved to a diff state). They dont accept pictures as primary evidence but can we use old photos of us with date stamps at the bottom,, the one you get with a film camera?and photos of us in places in our country?We also did not keep receipts,resort stubs,airline tickets, since we never thught we would be going to go thru this process. And he does not have hotel receipts since he just stays with family when is here in the country. aIs there other ways we can prove things? like his diploma to prove that we went to the same school.We have letters and post cards but thats and I found out that those are secondary evidences only.

Im sorry if this is quite long.

Hi we likely have the same case. We also received an RFE to prove that we met in the last 2 years. we also dont have enough proof since my fiance (the petitioner) stayed here in the Philippines for a long time and studied college here in which he graduated 2 years ago. We also dont have receipts in hotels or whatsoever and was also not able to keep our airline tickets, boat tickets since we didnt know before that we'll be able to use this. We did provide some hotel receipts but that was just 2 receipts that we had kept. and others are payments we made for a house we purchased here in the Philippines (for business purposes) and both receipts are under our name which was in track since 2008-present. we also gave them photocopies of his passport and receipts he had when he was still here in the philippines. My fiance's Filipino by blood but was born in US which made him a citizen.. his whole family is here and they have a house here as well.. that's why our proof like itineraries/tickets are not enough, we just had them during our vacations or out-of-town travel.. and most are already gone. but we did save a few. you could provide evidence for the past 2years before you filed since that's what they really need. hope you'll be able to gather enough evidence. Good luck!