Jump to content
mkhan91

Its been over 2 years

By mkhan91 in K-1 Fiance(e) Visa Process & Procedures

 Share

32 posts in this topic

Recommended Posts

mkhan91 Apprentice

mkhan91   0

Posted
Filed: Timeline
Posted

Hi, I want to file a k1 visa. I live in the US and the last time i've seen my fiance has been june 2010, which is 2 years and 3 months ago. I know that it is required for it to be within the last 2 years and im now starting to worry as i should have filed it earlier. Would I still be able to file a petition? Does it matter? Has anyone been in a similar situation? Should i hire a lawyer? any help would be appreciated for some peace of mind thanks

Link to comment
Share on other sites
  • Replies 31
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Anh map
Anh map

You need to have met face to face within 2 years of filing the petition. June 2010 is more than 2 years. Save the lawyer money and use it for travel to see your fiance.

Anh map
Anh map

No. You can waste time and money trying to find a way around the specific requirement of meeting face to face, or you can spend that money to see each other.

Penguin_ie
Penguin_ie

There is no way around it. The only way you'd get approved for a waiver (which costs money) is for you to prove you cannot travel (so travelling to India would be counter productive), and that she tr

  • Popular Post
Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
  • Popular Post
Posted

Hi, I want to file a k1 visa. I live in the US and the last time i've seen my fiance has been june 2010, which is 2 years and 3 months ago. I know that it is required for it to be within the last 2 years and im now starting to worry as i should have filed it earlier. Would I still be able to file a petition? Does it matter? Has anyone been in a similar situation? Should i hire a lawyer? any help would be appreciated for some peace of mind thanks

You need to have met face to face within 2 years of filing the petition. June 2010 is more than 2 years.

Save the lawyer money and use it for travel to see your fiance.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites
Pinkrlion Mentor

Pinkrlion   2,608

Posted
Filed: Country: Jamaica
 Timeline
Posted

Hi, I want to file a k1 visa. I live in the US and the last time i've seen my fiance has been june 2010, which is 2 years and 3 months ago. I know that it is required for it to be within the last 2 years and im now starting to worry as i should have filed it earlier. Would I still be able to file a petition? Does it matter? Has anyone been in a similar situation? Should i hire a lawyer? any help would be appreciated for some peace of mind thanks

No need to hire a lawyer, since you do not meet one of the primary requirements they will deny your petition. Save your money and go visit your fiancé, take pictures, complete paperwork, get signatures, and then come back and file.

Phase I - IV - Completed the Immigration Journey 

 

 

Link to comment
Share on other sites
Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

Hi, I want to file a k1 visa. I live in the US and the last time i've seen my fiance has been june 2010, which is 2 years and 3 months ago. I know that it is required for it to be within the last 2 years and im now starting to worry as i should have filed it earlier. Would I still be able to file a petition? Does it matter? Has anyone been in a similar situation? Should i hire a lawyer? any help would be appreciated for some peace of mind thanks

People's petitions have been refused because the USCIS received it 2 years and 2 days after the last visit. It MUST BE WITHIN the last 2 years. This is not flexible. It is the #1 requirement of the petition that you have meet your fiance WITHIN the last two years of the filing of the petition. You will need to meet again before filing. To file in your current situation would be a waste of time and money as the petition will be refused and they will keep the filing fee. Save all the money you want to spend on a lawyer and filing the petition and go visit your fiance again. I would think you would want to visit him again anyways.

Good luck,

Dave

Link to comment
Share on other sites
mkhan91 Apprentice

mkhan91   0

Posted
Filed: Timeline
  • Author
Posted

I just spoke on the phone with a lady that told me its not a problem, as long as I have the intention of getting married once I bring my fiance to the US. She said all I need is records of us still keeping touch in my case messaging. is this still a problem? because i was planning on going there next summer and bringing my fiance back with me after all the paper work is finished.

Link to comment
Share on other sites
Penguin_ie Grand Master

Penguin_ie   5,986

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

The lady was wrong (who was she?).

You MUST meet within 2 years of filing the petition, and before you file.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites
Penny Lane Grand Master

Penny Lane   8,159

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

I just spoke on the phone with a lady that told me its not a problem, as long as I have the intention of getting married once I bring my fiance to the US. She said all I need is records of us still keeping touch in my case messaging. is this still a problem? because i was planning on going there next summer and bringing my fiance back with me after all the paper work is finished.

She was incorrect.

It isn't the first time USCIS was misinformed about the process and it won't be the last. I'm assuming you mean the lady was from USCIS, anyway.

You will be denied if you file before meeting again. I promise.

It is even in the I-129F instructions:

2r20h1u.jpg

Edited by Evylin
Link to comment
Share on other sites
mkhan91 Apprentice

mkhan91   0

Posted
Filed: Timeline
  • Author
Posted

A couple months ago I visited India for medical purposes since I dont have insurance here and was cheaper in India. I had a herniated disc and went through some mental issues, and I have documentation for that. Would this be a good enough reason for us not seeing each within the last two years? or what would be an acceptable reason?

Link to comment
Share on other sites
  • Popular Post
Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
  • Popular Post
Posted

A couple months ago I visited India for medical purposes since I dont have insurance here and was cheaper in India. I had a herniated disc and went through some mental issues, and I have documentation for that. Would this be a good enough reason for us not seeing each within the last two years? or what would be an acceptable reason?

No.

You can waste time and money trying to find a way around the specific requirement of meeting face to face, or you can spend that money to see each other.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites
KayDeeCee Grand Master

KayDeeCee   4,891

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

There are two main requirements for an I-129F petition approval. You both must be free to marry at the time you file the petition and you had to have met face-to-face within the 2 years prior to filing the I-129F. They are very strict about those requirements. Just go for another visit and then file.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites
Tintin and Mike Experienced

Tintin and Mike   127

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

I don't mean to pry but what's stopping you from seeing her again? Instead of finding ways around it?

Majority of the members already stated that it's a MUST to have met face-to-face within 2 years prior to filing the petition.

Good luck!

K1
05/22/12 - Mailed I-129F
08/17/12 - Approved I-129F NOA2 (85 days)
11/19/12 - Approved Visa!! (179 days)
12/01/12 - POE Honolulu, HI
12/21/12 - Wedding Day!
AOS, EAD and AP
01/05/13 - Mailed I-485, I-765 and I-131
01/09/13 - USCIS accepted case and received text
01/11/13 - Cashed check
01/08/13 - Received NOA1
01/18/13 - Received Biometrics Appointment Notice
01/22/13 - Early Biometrics Walk-in (scheduled Feb 7)
01/27/13 - We're pregnant!!
02/04/13 - Received Appointment Notice
03/04/13 - Approved EAD and AP (58 days)
03/12/13 - Received EAD and AP combo card
03/12/13 - Interview and Approved GC (63 days)
03/20/13 - Received Green Card

10/3/13 - Baby #1 arrived

2/17/14 - Pregnant again! LOL

10/20/14 - Baby #2 arrived
ROC
01/09/15 - Mailed I-751

01/12/15 - NOA

01/16/15 - Received NOA Letter

01/20/15 - Mailed DMV 1yr Extension

02/05/15 - Received Biometrics Letter

02/09/15 - Early Bio (Walk-IN)

02/19/15 - Biometrics Appointment

06/15/15 - Approved
06/15/15 - Card Ordered and Mailed

08/22/15 - Card Received

N-400 on or after 12/15/15



and they'll live happily ever, ever after...
Relationship Journey: Our pursuit to happiness

Link to comment
Share on other sites
  • Popular Post
Penguin_ie Grand Master

Penguin_ie   5,986

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
  • Popular Post
Posted

There is no way around it. The only way you'd get approved for a waiver (which costs money) is for you to prove you cannot travel (so travelling to India would be counter productive), and that she tried to get a tourist visa several times and was denied.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites
Penny Lane Grand Master

Penny Lane   8,159

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

A couple months ago I visited India for medical purposes since I dont have insurance here and was cheaper in India. I had a herniated disc and went through some mental issues, and I have documentation for that. Would this be a good enough reason for us not seeing each within the last two years? or what would be an acceptable reason?

Like others have said, no.

You've already met. You've proven that you have the means to do so. Meet again and file or be denied. That's it, that's all. There's no way around it.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...