WHAT TO DO IF I HAVE NOT MET MY FIANCEE IN PERSON PRIOR TO FILING

[2big 0]

Hello,

Please i would need an advice for the issue a friend have now. A friend of mine filed for K-1 visa for her fiancee to come here, but his evidence that they met within two years prior to filing for her is more than two years old. He traveled to see her in 2009 and filed for the petition in March 26, 2012 and he received RFT requesting that he provide a traveling document that shows he met her from March 26, 2010 - March, 26, 2012 ( which is exactly two years). USCIS also suggested a written Affidavit for him to provide which is very difficult to obtain. Although, the guy just traveled to see her in September, 2012( still there now) and this is also more than two years required?. Do you think, he can provide the document he used to travel in september 2012 as evidence that he met her within two yrs of filing. I am assuming this will not work because of the dates given to provide proof. Please can anyone advice on what to do on this situation? Do you think withdrawing might be the best option or postpone the filing? Any advice will be accepted and thanks for reading.

Regards,

[Phil & Alla 26]

He did not meet the requirements of meeting in person within the two year time frame when he filed the K1. In turn he cannot provide evidence that he had met her in that time frame. Because he did not meet the requirements when it was filed, it seems best to withdraw it.

[bt1 42]

Hello,

Please i would need an advice for the issue a friend have now. A friend of mine filed for K-1 visa for her fiancee to come here, but his evidence that they met within two years prior to filing for her is more than two years old. He traveled to see her in 2009 and filed for the petition in March 26, 2012 and he received RFT requesting that he provide a traveling document that shows he met her from March 26, 2010 - March, 26, 2012 ( which is exactly two years). USCIS also suggested a written Affidavit for him to provide which is very difficult to obtain. Although, the guy just traveled to see her in September, 2012( still there now) and this is also more than two years required?. Do you think, he can provide the document he used to travel in september 2012 as evidence that he met her within two yrs of filing. I am assuming this will not work because of the dates given to provide proof. Please can anyone advice on what to do on this situation? Do you think withdrawing might be the best option or postpone the filing? Any advice will be accepted and thanks for reading.

Regards,

As you know, the requirement is that he had met with her within the 2 years prior to the date of submission. Since he can now prove that he has met her in September 2012, provide that information. It is most likely that the application will be denied and that they will have to resubmit again with new evidence, but you never know, maybe USCIS will accept the proof.

[removed-2014-0501 9]

You stated that he traveled to see her in 2009 so he can print off his travel itinerary and also make a copy of those stamp from 2009 maybe that will work but his 2012 trip will not work at all

[KayDeeCee 4,892]

The requirement is that you have met face-to-face within the two years prior to filing the I-129F petition. They did not meet face-to-face in those two years and therefore cannot provide evidence that they did. The visit that they just had(currently having) does not satisfy the requirement and will not be accepted.

The petition will be denied. Instead of waiting, my advice is to withdraw the I-129F petition and then refile using proof of meeting from this current visit. Make sure they read through all the I-129F instructions before they refile to make sure they do not miss any other requirements the second time around.

[Caryh 5,206]

Failure to meet the exact requirements will force USCIS to deny the petition. Only an error on their end will allow the petition to get approved at this point. And since they've already flagged the issue that there is no evidence of meeting in the two years prior to filing, don't expect them to make such an error.

[NigeriaorBust 4,087]

Neither of his trips are in the correct time period. 2 choices withdraw or get denied

[aaron2020 11,651]

You stated that he traveled to see her in 2009 so he can print off his travel itinerary and also make a copy of those stamp from 2009 maybe that will work but his 2012 trip will not work at all

The 2009 trip will not be accepted.

This is not a hard concept. The US petitioner and K-1 beneficiary MUST have meet in the two years PRIOR to filing the I-129f petition.

The OP filed on March 26, 2012. The RFE require them to prove that they met between March 26, 2010, to March 26, 2012.

The 2009 and Sept. 2012 trips do not fall within the 2 years requirement, so they will not count towards the requirement.

That's it. This is easy to comprehend. They must proc that they met between March 2010 & March 2012. They didn't meet during that period, so they do not meet the requirements for a K-1 visa, and therefore the case will be denied.

Withdraw the current petition and file a new one.

Edited October 30, 2012 by aaron2020

[2big 0]

Thank you, All for the great answers and i do appreciate. I will past the information to him fast.

Again, i really appreciate your contributions and God bless. Stay safe

Regards,

2big

[2big 0]

Thanks again.

Please does anyone have a sample letter to use for cancelation of K-1 Visa according to reasons i provided below. Any help will be appreciated.

Thanks

2big

[onye uwaoma 131]

I don't have the sample for the cancellation but I believe just a written letter to ask for the withdrawal of the i129f will do. However, you must follow up to ensure they accept the withdrawal letter and that it's in file otherwise, they may receive it and somehow still don't act on it... You know if by chance this petition pass uscis approval, the consulate will flag it red... So my one cent opinion is to withdraw it without hesitation and refile with the new evidence of having met in sept 2012 which is good... You only loose the filing fee but you'll be better that way than trying to patch it up... Good luck

[KayDeeCee 4,892]

Thanks again.

Please does anyone have a sample letter to use for cancelation of K-1 Visa according to reasons i provided below. Any help will be appreciated.

Thanks

2big

Just send a notarized letter to the service center that is processing the petition. Tell them you wish to withdraw the petition. No form letter. No long explanation needed.

[Gary and Alla 3,694]

Hello,

Please i would need an advice for the issue a friend have now. A friend of mine filed for K-1 visa for her fiancee to come here, but his evidence that they met within two years prior to filing for her is more than two years old. He traveled to see her in 2009 and filed for the petition in March 26, 2012 and he received RFT requesting that he provide a traveling document that shows he met her from March 26, 2010 - March, 26, 2012 ( which is exactly two years). USCIS also suggested a written Affidavit for him to provide which is very difficult to obtain. Although, the guy just traveled to see her in September, 2012( still there now) and this is also more than two years required?. Do you think, he can provide the document he used to travel in september 2012 as evidence that he met her within two yrs of filing. I am assuming this will not work because of the dates given to provide proof. Please can anyone advice on what to do on this situation? Do you think withdrawing might be the best option or postpone the filing? Any advice will be accepted and thanks for reading.

Regards,

He needs to withdraw this petition and file a new one using the evidence from the September visit.

[Lanke 0]

Hello all,

I ve a similar case to this too, my fiancee n I ve been dating in Nigeria years before she relocated to usa after winning a visa lottery, I wasn't around in d country when she won it. She left for usa in 2008 for the last time till now n we were supposed to get married in 2009 in usa but I got laid off due to the financial crisis 09 and she is barely able to pay the bills there hence I support her and our 2 kids with whatever money I make from the small job I have. We have two kids together both american citizens.

She filed my K1 mid august and we received NOA1 shortly after hence we are waiting for the NOA2. She mentioned the fact that we have 2 kids together and quoted their SSN on the form for reference purpose @ USCIS but I will like to know if that will be enough since our current financial state can't afford us the luxury of seeing each other through visits now.

Our kids answer my surname.

I will aappreciate ur views n advice.

Tnx.

[KayDeeCee 4,892]

Hello all,

I ve a similar case to this too, my fiancee n I ve been dating in Nigeria years before she relocated to usa after winning a visa lottery, I wasn't around in d country when she won it. She left for usa in 2008 for the last time till now n we were supposed to get married in 2009 in usa but I got laid off due to the financial crisis 09 and she is barely able to pay the bills there hence I support her and our 2 kids with whatever money I make from the small job I have. We have two kids together both american citizens.

She filed my K1 mid august and we received NOA1 shortly after hence we are waiting for the NOA2. She mentioned the fact that we have 2 kids together and quoted their SSN on the form for reference purpose @ USCIS but I will like to know if that will be enough since our current financial state can't afford us the luxury of seeing each other through visits now.

Our kids answer my surname.

I will aappreciate ur views n advice.

Tnx.

If you have not been together in person during the two years prior to filing the I-129F petition, then prepare to get denied. There are two main requirements for the I-129F petition. You must have met in person face-to-face during the two year time span prior to filing, and you must both be free to marry. They are strict about the two requirements.

Edited October 30, 2012 by Jay-Kay