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Hughlyn

RFE Cirumcstances of meeting

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RFE STATED WORD FOR WORD:

 

You Indicated that you met the beneficiary on Facebook on or about Jun 19th, 2017 (which is true), however based on your divorce decree your marriage terminated on Feb 8th, 2018. (which is true) Please clarify the circumstances under which you and the beneficiary met to establish the relationship.

 

In my letter on intent I clearly stated that met her several times on a close friend basis as we bonded very well and had spent lots of time together and discussing life's challenges and getting closer. Also that I proposed to her on March 11th, 2018.

 

Facts: I been separated with my ex way before Feb 8th (due to her adultery twice) though it was not finalized until FEB 8th, 2018. I did not propose to Lyn until March 11th ( 30+ days). I been to the philippines to see her for a total time of 5 months. 3.5 months before i proposed. I also plan on going back DEC this year for another moth. I really dont know what they are after as this question does not come up much. However my response will be....

 

"Lyn and I did indeed meet on Facebook on June 2017 and we became close friends. As the time went on we became very close friends as our friendship grew stronger turning into a relationship.  Lyn and I supported each other in life's challenges. We met several times in person and continued our relationship as it grew stronger. I been separated from my ex-wife for some time which was finally finalized on Feb 8th, 2018. I proposed to Lyn for marriage on March 11th, 2018. I have spent over 5 months in person with Lyn and also plan to be at the embassy interview with your blessing."

 

Suggestions ? Has anyone seen this issue before ?

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20 minutes ago, Hughlyn said:

RFE STATED WORD FOR WORD:

 

You Indicated that you met the beneficiary on Facebook on or about Jun 19th, 2017 (which is true), however based on your divorce decree your marriage terminated on Feb 8th, 2018. (which is true) Please clarify the circumstances under which you and the beneficiary met to establish the relationship.

 

In my letter on intent I clearly stated that met her several times on a close friend basis as we bonded very well and had spent lots of time together and discussing life's challenges and getting closer. Also that I proposed to her on March 11th, 2018.

 

Facts: I been separated with my ex way before Feb 8th (due to her adultery twice) though it was not finalized until FEB 8th, 2018. I did not propose to Lyn until March 11th ( 30+ days). I been to the philippines to see her for a total time of 5 months. 3.5 months before i proposed. I also plan on going back DEC this year for another moth. I really dont know what they are after as this question does not come up much. However my response will be....

 

"Lyn and I did indeed meet on Facebook on June 2017 and we became close friends. As the time went on we became very close friends as our friendship grew stronger turning into a relationship.  Lyn and I supported each other in life's challenges. We met several times in person and continued our relationship as it grew stronger. I been separated from my ex-wife for some time which was finally finalized on Feb 8th, 2018. I proposed to Lyn for marriage on March 11th, 2018. I have spent over 5 months in person with Lyn and also plan to be at the embassy interview with your blessing."

 

Suggestions ? Has anyone seen this issue before ?

A situation where providing way too much information has caused a problem.   My fact pattern is not that different.   I focused on the meeting subsequent to the divorce becoming final and my divorce decree clearly indicated that our marriage failed in 2015.


YMMV

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you probably dug your own hole.

 

paul and i met on facebook in feb of 2016. he was separated (not living with ex), i was living with my ex who i was caregiver for (disabled). paul and i met for the first time in april of that year in person, my husband passed away in may. pauls divorce wasnt final until march of this year. the 'official' proposal and ring was after that.

 

all i said was we met on facebook in feb 2016. met in person that april. and then gave dates of our 30 visits and other relevant details.

 

recd NOA2 in 175 days, no RFE.

 

dont give more details than they ask for.


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)

11/5/2018          NOA2 ❤️ no RFE's

 

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46 minutes ago, Rich817! said:

Just asking is this for a K1 visa?

Profile on left hand side under username suggests it's for the K1.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

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1 hour ago, Hughlyn said:

I proposed 30+ days after the official divorce. no hole dug in my eyes as I'm eligible period. I just don't understand what they are after.

They are after you proving it's a bonafide established relationship with face-time.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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Well after speaking to a lawyer, i was informed that legally they have no ground to deny the petition unless I submitted the petition while I was still married. That is not the case. The official divorce date was FEB 8th, 2018. The petition was not submitted until APRIL 26th, 2018. That is good news. Additionally, the EX moved out before I even met Lyn online.

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1 minute ago, Going through said:

They are after you proving it's a bonafide established relationship with face-time.

Oh, that is not an issue. I have over 5 months in Philliines with all copies of airline tickets, over 4K of pics and 100's of videos. We submitted pics of each trip and have more form othe other trips I took in June and July. Also going again this month.

 

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11 minutes ago, Damara said:

OMG I cant believe you spoke to an attny and that was the response they gave you...actually I do believe it. Was this a 'paid consultation'? Probably not- so you got a cut and paste answer. If you send that as a response you will be DENIED and end up going back to the attny who will gladly charge you to take your 'complicated case'... :( 

 

First- what your attny told you is correct but it is not the whole picture. Yes, they can not deny you because you did not file the petition while married. But uhh so what? What does that have to do with your issue? 

 

You need to read the forms and follow literally. The questions on the 129f (#53 #54) says have you and fiance met IN PERSON during 2yrs prior and to describe the circumstances of your IN PERSON meeting.

 

Meeting on FB is not in person. So you did not answer the question- hence the RFE and your proposed answer still does not address the IN PERSON meeting so you will be denied for not proving/describing in person meeting. Read the post above where debbiedoo said what she wrote. Notice the part about when they met in person and how your statement lacks such.

 

USCIS will not make assumptions and will only acknowledge what you state (even if its obvious- they just wont connect the dots) you need to lay it out in simple terms. So you told them you 'met' (and to them met refers to met in person) so you met according to your petition June 17 while you were still married since you divorced Feb 18. 

 

Change your response and include evidence of the in person meeting. Be cautious using that attny again. 

Hope this helps!

 

 

First- what your attny told you is correct but it is not the whole picture. Yes, they can not deny you because you did not file the petition while married. But uhh so what? What does that have to do with your issue?  ------------- a lot of people have not met them in person for 2 years in fact many a year. I'm looking into the case now. My lawyer said I needed to establish also when the ex left and was no longer living with me which is important. That was APR 2017 before I even met Lyn. I could say April 2011 and its not like they will call her however I will always be honest.

 

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@Hughlyn Again please read the form and instructions carefully and interpret literally.

 

met in person during the 2yrs immediately before filing this petition. During means anytime from the date filed- 2yrs prior. Doesnt matter if it was 1yr and 11 months or 1 week. They are both DURING the 2yrs immediately before the petition was filed.

 

describe the circumstances of your inperson meeting....Attach evidence to demonstrate you were in each others physical presence during the required 2yr period. 

 

You are also combining 2 different issues. One is establishing you met in person during the 2 yr period. The other is establishing a bonafide relationship. Showing you were separated but not officially divorced is the latter.  (and yes- you can submit the 129f and state you met in person and began a relationship while still legally married. You CAN NOT however submit the 129f unless you are free to marry hence the attny statement that they can not deny you because you didnt file the 129f while married therefore ineligible is true but not your issue. USCIS did not state anything about you not being eligible to file because you were still married. 

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Also many divorce decrees contain language stating when you separated because of potential mandatory waiting times/debt and asset division/claims of abandonment etc etc. Read your decree and see if it states date of separation. Also check your other divorce paperwork, it may be in the separation agreement or initial filing paperwork.

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