I-129f (K-1) Headache

[Daddys_Dream 0]

Please keep in mind, I am 53 yrs old, have spent 30 yrs working in the divorce industry, and completely understand the need for meeting in person. We have discussed the pros and cons of not meeting in detail a lot of times.

That said......

I applied for a I-129f Fiance Visa for my g/f who lives in the Philippines.

I am disabled and not allowed to travel at this time. I need 2 more surgeries before I will be allowed to travel. This will take about three more years.

We asked for a waiver on the meeting requirement. Yes, I know it can be done, but it's easier to pull your own teeth.

Today I received a Request for Information from USCIS.... Bless their little hearts, it only took then 6 1/2 months.

They accepted that I can not travel, but they want to know why she did not get a Visa and travel here to meet me in person.

It reads:

Please provide evidence as to why the beneficiary is unable to visit you in the United States such as proof of a denied Visa application, medical records, financial records, etc. Please note that any evidence you provide must be based on circumstances available to you and the beneficiary the two years immediately preceding the filing of the petition.

If you have not met the beneficiary in person at some time during the two year period from October 9, 2010 until October 9, 2012, and you are unable to provide evidence that the beneficiary is unable to travel to meet you, you may also provide evidence to establish that compliance would violate strict and long established customs of the beneficiary’s foreign culture or social practice. In addition to establishing that the required meeting would be a violation of custom or practice, you must also verify all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice. Such evidence may include, but not limited to:

a. Statements from the religious authorities attesting to the practice, beliefs, and customs for the engagement and marriage.

b. Statements from tribal leaders that establish that the meeting of the petitioner and the beneficiary is a violation of the tribes customs.

Here is the problem.

1. We did talk about bringing her here for a visit. Her parents demanded she bring 2 chaperones with her. (No, she's not a child, she's in her mid 20's).

We decided against that due to financial restrants on my part. Being disabled and on a limited income, I simply could not afford it and getting married

.

2. In doing the research I read where to get a tourest Visa she would have to have decent employment, have a bank account, own property there, and have family ties suficient to give her a good reason to retun to the Philippines.

Note: She is unemployed, does not own property, nor have a bank account. A travel Visa would have been denied.

Questions:

1. How can she get a financial statement which will be credible with USCIS to prove we did not have the funds for that? I can prove I've been supporting her since October, 2012.

2. Her Uncle is a Catholic Priest and can provide us with a letter stating traveling here to meet me without chaperones would have violated their customs but her parents would allow her to travel here as long as it is to be married.

3. What have I missed?... Is there anything else I can do.

4. Are there any other documents we should obtain for the USCIS?

5. Do we have any hope of over coming this issue?

I sure would feel better with some brain storming ideas.

All positive ideas welcome.

Bill

[Moomin 292]

Basically, you'll not only need to state that she needs to chaperones. You'll need to demonstrate why she can't travel to meet you. E.g. tourist visa denials. Unemployed is a usual reason for denying a tourist visa however being unemployed for years on end(or a long time) would basically look as if she is likely to become a public charge. Careful things won't backfire on you guys.

Secondly, while being disabled and not being able to travel is a valid reason PLUS she can't travel too - it's not a situation that won't change to the better in the future.

Those waivers are usually approved because of religious reasons so I'd definitely look into gthering proof on that. Since they're already asking for more evidence, you have little to lose by submitting it.

[Mariana2012 89]

Ask her to apply for a tourist visa.she'll probably get denied and that should satisfy USCIS

[Darnell 8,478]

q.3 - you missed her actually applying for the tourist visa.

see, once applied and denied, you have the final bit of evidence that USCIS will pay attention to.

Edited April 25, 2013 by Darnell

[Daddys_Dream 0]

Ask her to apply for a tourist visa.she'll probably get denied and that should satisfy USCIS

If I understand what they sent me correctly. The evidence we submit has to be for the time period between Oct. 9, 2010 and Oct 9, 2012, when we applied. I only have until July 15th to provide them with the evidence........

Would that give them enough time to make a decision on a tourest Visa?

How long does it normally take them to reach a decision on a tourest visa?

[Mariana2012 89]

If I understand what they sent me correctly. The evidence we submit has to be for the time period between Oct. 9, 2010 and Oct 9, 2012, when we applied. I only have until July 15th to provide them with the evidence........

Would that give them enough time to make a decision on a tourest Visa?

How long does it normally take them to reach a decision on a tourest visa?

Sorry I don't knw th answer to your questions. I do know that you are wasting valuable time by not having her apply for the tourist visa.as soon as you have the denial submit the evidence.

[baron555 934]

Sorry I don't knw th answer to your questions. I do know that you are wasting valuable time by not having her apply for the tourist visa.as soon as you have the denial submit the evidence.

I agree, you're wasting time. USCIS has given you an opportunity to have the waiver accepted.

If she is an adult, there is nothing in her religion that says she can not travel alone.....the need for chaperones is only because of the parents' wishes......which is mighty strong. Why can't you pay for them also?

You other option is to wait the three years until you can travel.

You seem to have many options here......besides do you really want to marry someone you never met?

[Mariana2012 89]

Baron555 she probably won't get to the point of needing a chaperone since she is very likely to get her visa denied.

Daddys_dream. Right now, I don't see anything else you can do other than submiting the reason she can't travel to see you. In the eyes of the USCIS the only thing that can stop her from visiting you visa denial.

Not having the money to travel because her family likes her to travel in groups of three is nonsense.

At the same time, this whole chaperone thing is very unusual for a phillipina looking online for a husband. I am not saying there aren't religious families in the phillipines, but their daughters don't try to marry older American men online. Be careful not to fall into a scheme of sending visa money + plane ticket money for 3 people. You are an easy target since you are disabled and can't travel to The Phillipines to cause trouble after losing all the money. Usually, If it's too good to be true it's because it's not true. You don't want daddy's dreams to be shattered now do you?

Edited April 25, 2013 by Mariana2012

[Harpa Timsah 13,258]

She should have tried to get a tourist visa before you went down this path.

[Tahoma 2,291]

Here's my take on it:

1. Withdraw your current I-129F petition.

2. Have your fiancée apply for a tourist visa. She will be denied.

3. Submit a new I-129F petition. Include the tourist visa denial.

4. Hope for the best.

[Daddys_Dream 0]

Here's my take on it:

1. Withdraw your current I-129F petition.

2. Have your fiancée apply for a tourist visa. She will be denied.

3. Submit a new I-129F petition. Include the tourist visa denial.

4. Hope for the best.

Just spoke to an attorney, She wasn't sure, but beleives if she applies for the tourist visa now. It will cancil the K-1 visa and we would have to start all over, but she specialized in employment visa's.

Waiting for an actual immigation attorney to return my call now.

[christeen 966]

No, it should not nullify the k1 as you can travel to the USA while the k1 is in process, the foreign applicant will have to show strong ties to the phillipines to show she will not remail in the usa. Which there is a near 100% chance she will be denied. Once you have proven that she cannot obtain a USA visa,mother you satisfy that portion of what uscis is requesting. Not sure how long the embassy takes to process grousing visa requests, but I would imagine that she could get the denial by the July 15 deadline? But someone else will have to verify that.

On a personal note, please be careful bringing over someone you have never met, there are soooo many terrible stories of pain, expense and heartache from others that have taken advantage of your situation...

[Enigma11561 336]

As some others have stated, do please very careful about sending money to a person whom you have never met. 98% of the time this had a tendency of going south, way south. And when they insist on two more tickets for chaperones, sorry, but the hair on the back of my neck goes straight out.

[duraaraa 203]

I agree with everyone. Have her apply for a tourist visa, and tell the officer that she wants to visit her fiance in the US. It will be denied, almost certainly. At that point, submit the evidence to USCIS, and you're good to go.

If she does get the tourist visa, you have a wonderful opportunity to get to know the lady you're planning to marry in person, and you will have a better idea of whether or not the marriage will actually be right for you.

It's a win-win.

[M and C 32]

Ask her to apply for a tourist visa.she'll probably get denied and that should satisfy USCIS

Agree.