Confused with our RFE

[GreenGem 58]

There is a note on top of our RFE that goes like this :

• "All foreign language documents must be submitted with complete word-for-word English translation. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate. Do not submit the English translation without the foreign language document."

Question: I am a Filipino and English is like our second language. I don't have any documents submitted to USCIS that is in any other language. Should i write my written statement in our own language and have it translated into English?

Here's a brief background about me and my fiance.

Jeff, my fiance (the petitioner) and I (beneficiary) are both Filipinos. We've been together (2005) long before he migrated to the US in the year 2007 (thru his father) We have two children. One born before he went to the US and one conceived during his vacation here. He's a US citizen now. He had his oath of naturalization last year (2013). He filed I-130 for our kids and I-129f for me.

Our RFE:

• Circumstances of meeting
• Last Personal Meeting

Question:

When my fiance filed the I-129f we included a statement on how we met and stated the times we've been together (his vacations). And this was supported with his passport stamps, airline tickets and boarding passes, photos, letter of intent (both of us) I don't understand why they would ask for this again. What can we send back to CSC to answer this RFE. I'm losing confidence with this. Do you have any suggestion on what else can we send them as a primary evidence?

Any response would be highly appreciated. Thank you!

[TBoneTX 48,097]

It means that if you have a document in a foreign language (other than English), a translation must accompany it.

Have you seen each other in person in the last 2 years?

[GreenGem 58]

It means that if you have a document in a foreign language (other than English), a translation must accompany it.

Have you seen each other in person in the last 2 years?

His last vacation was in the year 2011. This isn't within the last two years. What shall we do?

[Andie 147]

There may be a document which doesn't include an english translation that they need clarified but a stipulation for the K1 is that you have met within the previous 2 years unless you have a cultural/religious reason that it is not possible. You would need to withdraw your application, meet again (keeping records/stamps etc of the meeting) and refile with supporting verification of that meeting.

[christeen 966]

If it has been more than 2 years since being face to face... Then you will be denied as you do not qualify. Someone will have to make a trip then re-file... Sorry...

[GreenGem 58]

There may be a document which doesn't include an english translation that they need clarified but a stipulation for the K1 is that you have met within the previous 2 years unless you have a cultural/religious reason that it is not possible. You would need to withdraw your application, meet again (keeping records/stamps etc of the meeting) and refile with supporting verification of that meeting.

Is there no other way? He wasn't able to have a vacation for the last two years due to his work then he filed for his naturalization. We're really hoping this will be approved because we're catching up with our children's petition which is already at the NVC now.

[GreenGem 58]

If it has been more than 2 years since being face to face... Then you will be denied as you do not qualify. Someone will have to make a trip then re-file... Sorry...

Really?! this is making me weak. Is there no other way? He wasn't able to have a vacation for the last two years due to his work then he filed for his naturalization. We're really hoping this will be approved because we're catching up with our children's petition which is already at the NVC now.

[Andie 147]

Is there no other way? He wasn't able to have a vacation for the last two years due to his work then he filed for his naturalization. We're really hoping this will be approved because we're catching up with our children's petition which is already at the NVC now.

No.. sorry .. it is one of the basic rules of this visa type

" You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen."

The cultural aspect or extreme hardship are two options for waiver but I understand these to be very difficult to obtain.

Edited April 21, 2014 by Andie

[GreenGem 58]

No.. sorry .. it is one of the basic rules of this visa type

" You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen."

The cultural aspect or extreme hardship are two options for waiver but I understand these to be very difficult to obtain.

Thank you. I guess we'll just need to find another way to be together.

[christeen 966]

K1 approvals agre voi g really fast at the moment ) ... So I would advise him to get his but over there to meet the requirement, then file ASAP.... You could be together by October..

[slowlyman 118]

The cost of a ticket is nothing compared to the overall cost of starting a life together. Find a way to make a trip even if it's just for a week. Meet in person and file a new application. Good luck.

[Marco&Bettina 502]

K1 approvals agre voi g really fast at the moment ) ... So I would advise him to get his but over there to meet the requirement, then file ASAP.... You could be together by October..

You must be referring to CSC, which is what the OP shows as using. Not true for TSC.

[christeen 966]

Yes, I was replying directly to the OP... Not a general K1 statement... Their profile shows California, which is CSC... If they had indicated another filing location my advice would have reflected that...

[Angel012110 19]

What did The RFE ask for I don't understand the translation of a document or more supporting evidence or both? The first statement says you sent only the English translation they also need the original document in the foreign language.

[KayDeeCee 4,903]

The translations part of the RFE does not matter. It is a general statement that anything not in English must have an English translation with it. That does not apply to the OP. The problem is that they filed the I-129F without meeting the requirements to get approved.

The I-129F has 3 main requirements: that you are both free to marry at the time the petition is filed, that you both intend to marry within 90 days of entry with the K-1 visa, and that you have been together in person, face-to-face within the 2 years prior to filing.