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Lance1983

RFE - Evidence of meeting in person

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Hi guys,

 

just a quick question. My fiancé and I have been living together in australia for 4 years and sent off a K1 application in Jan 2018. We received an RFE asking for more evidence in September (evidence of meeting in that 2 years preceding the application and circumstances surrounding our first meeting). In the initial application, We explained the living arrangements in australia and sent photos ect, Intent to marry, leases ect. We do have a defacto relationship certificate and she is on a PR defacto visa. I left that most of that out though so they dont think we are too close to being married or married even for that matter. I know that sounds silly but we didn’t want to have to marry and reapply for I-130 and wait 18 months. 

 

For the RFE, I kept it simple and sent a photo of matching passport stamps into Bali in February 2016 and time stamped photos in Bali. There are some stamps matching from Thailand also but those stamps are after the inital application date. I sent the airline itinerary from jetstar in both name matching passport stamp dates. The itinerary is from my email which was sent by the airline along with another 2x intent to marry / circumstances surrounding meeting declarations from each of us. Kind of silly I know, we have travelled to 20+ countries together but in 2014 and not in 2 years preceding the application. Will the info sent back be ok? 

 

Thanks

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it will be denied.

 

for a K1 you HAVE to met IN PERSON at least ONCE in the 2 years immediately before filing the petition.

 

sorry to say you just wasted a bunch of time and money.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

 

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Hi, thanks for the response. But I dont believe that to be correct. But I’ll explain evidence again just for clarity. So as I stated we live together in Australia and have been living together for almost 4 years. Obviously we have met within 3 years prior to filing (but I understand Uscis do not know that). The RFE proof I provided was 2x passport stamps with matching dates for entry into and exiting Indonesia 1 year prior to filing the K1. The stamps show we both entered the Same immigration checkpoint in Indonesia on the same day and exited together on the same day. These stamps

match in both her US passport and my Australian passport. Stamps are dated 1 year before filing the i-129f. We have the airline booking for this trip to Indonesia which is listing both names also. We have photos together in Indonesia on this trip also which are time stamped and date stamped . I find it hard to believe the immigration officer would not be able to put it together that were were on holiday together in Indonesia together 1 year prior to filing the application.. Am I missing something? Besides the boarding passes I don’t think I could Supply them with more weighted proof? 

Edited by Lance1983

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when did you file and when was the last time saw her BEFORE you filed.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

 

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Well if application was from Jan 2018, then February 2016 is within 2 years. But, and I am not sure I understand this part correctly, if you are currently living together, can you not just take a picture of both of together and a newspaper with visible date, hostage style. 

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Just now, Shiran said:

Well if application was from Jan 2018, then February 2016 is within 2 years. But, and I am not sure I understand this part correctly, if you are currently living together, can you not just take a picture of both of together and a newspaper with visible date, hostage style. 

Too late for this petition to do that...the OP needs evidence from prior to submitting the petition.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Hello Debbie,

 

She is is sitting beside me as I type this as we have lived together for almost 4 years in Australia. But USCIS don’t know that and I understand it’s my job to prove it to them. For evidenciary purposes for USCIS here’s what I sent back for the RFE.

 

Photocopies of both of our passport bio data photo pages and photocopies of both passports pages that show Indonesian immigration stamps proving that we both entered and exited Bali, Indonesia together 11 months prior to filing the K1 (Feb 2017). The stamps show we both entered the Same immigration checkpoint in Indonesia on the same day and exited together on the same day a week later. The passport stamp dates both match exactly in her US passport and my Australian passport. We also supplied the airline ininery / booking for that trip to Indonesia which has both of our names listed and the same travel dates that compliment the Indonesian passport stamp dates. We have photos together in Indonesia on this trip also which are time stamped and date stamped. we sent some Xmas photos also. We also sent in another 2 intent to marry forms and circumstances of meeting forms (one each) as requested. 

 

I believed what I sent to be the best proof that we have been in the same vicinity of each other within 2 years preceding the K1application. As you can imagine we have loads of evidence like leases and joint bank accounts but none as solid as identical passport stamps to a foreign country and an airline itinerary with photos of that trip. 

 

Thanks,

 

Lance and Raven 

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14 hours ago, debbiedoo said:

it will be denied.

 

for a K1 you HAVE to met IN PERSON at least ONCE in the 2 years immediately before filing the petition.

 

sorry to say you just wasted a bunch of time and money.

they are living together

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1 hour ago, Lance1983 said:

Is the evidence we submitted for the RFE sufficient ? Matching passport stamps and photos with travel itinerary ? 

IMO, yes. Let us know how it goes. Good luck!  

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I'm curious to see if that will work. I'm no expert, but from what I hear of cases like yours, USCIS might assume that you're too "married" already and tell you to file a CR-1 instead.

 

If you don't mind me asking, what's the reason you're pursuing a K-1 instead of a CR-1?


NOA1:         03/01/18 (old site)

                     03/06/18 (new site)

NOA2:         09/04/18

NVC Rcvd:  09/19/18

Case#:         09/20/18

NVC Sent:   10/02/18

Emb Rcvd:  10/04/18

Medical:      10/18/18

Sputum:      10/22/18

 

USCIS Case Tracking

OLD SITE: https://egov.uscis.gov/casestatus/landing.do 

 

NEW SITE: https://myaccount.uscis.dhs.gov/ 

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