More Evidence for Meeting BEFORE Filing? RFE/NOA2

[EegretTenacious 4]

Hello Everyone! 

 

We're pleased to have finally heard back, but are being asked to provide more evidence for meeting in the 2 year period before we filed. It says evidence may include but is not limited to photos and "any evidence"  that would prove it. In our I-129F, we submitted evidence of three times we were able to visit each other before Covid 19 . This included boarding passes, photocopies of passport stamps, copies of flight itineraries, hotel itineraries, money spent from both of us. He visited me in the states twice, and I visited him in Canada once. The only problem is we didn't really take pictures those visits. Because of Covid, we weren't able to meet up again until Aug 2021, where we had four more trips together up until now, and this time went out and took a bunch of pictures and had more of a paper trail doing activities in the area (Before Covid we were both in school and broke haha). 

 

There are three problems for us: 

1.) The RFE wants evidence from Mar2019-Mar2021, which we don't really have more evidence of

2.) The evidence we do have for meeting in that two year period only came from one of us or the other. If he flew we submitted his boarding pass, if I paid for the hotel we submitted my receipt. I'm not sure how to show that we were together, other than our itineraries matched up for our visits (lodging matched flights, bank statements matched payment for travel). Evidence was submitted as multiple photocopies or attachments of emails  per page , re-printed with those pages signed and dated. This may have been a mistake. 

3.) Our most solid evidence comes from a period outside those two years prior to submitting, where we have photos and more receipts. 

 

I'm wondering if anyone else has been in a similar situation, especially with pandemic travel restrictions, and how they responded to it. Any and all advice would be appreciated! 

[Crazy Cat 41,979]

Any evidence of meeting outside the 2 years prior to filing was useless and possibly harmful to your case, as it could be seen as fluffing/clouding the evidence.  At minimum, You must show convincing evidence of both being in the same country at the same time.  I suggest you write a detailed statement detailing the visit within the 2 year window with references pointing to each piece of evidence to show that you were both together in the same place.  

We have seen this issue before.  In some cases of very weak evidence, members had to meet again and re-submit another I-129f.  Good luck.  I hope you can successfully counter the RFE.  

[SalishSea 17,927]

18 minutes ago, EegretTenacious said:

The RFE wants evidence from Mar2019-Mar2021, which we don't really have more evidence of

The two year meeting is one of the few basic requirements to be eligible for a K-1.  Visits outside of that timeframe are not relevant to their decision to deny/approve.

 

You will need to focus on presenting actual evidence that you met once during the two years if you want the petition to be approved.  Photos are weak evidence.

[EegretTenacious 4]

5 minutes ago, Jorgedig said:

The two year meeting is one of the few basic requirements to be eligible for a K-1.  Visits outside of that timeframe are not relevant to their decision to deny/approve.

 

You will need to focus on presenting actual evidence that you met once during the two years if you want the petition to be approved.  Photos are weak evidence.

Yes, we met three times within those two years, the only thing we don't have is photos. What more evidence could be provided? We have bank statements, receipts, passport stamps, etc. Was it how we submitted that evidence? Each attachment came with a statement that explained each one with important parts or transactions highlighted. 

[EegretTenacious 4]

11 minutes ago, Crazy Cat said:

Any evidence of meeting outside the 2 years prior to filing was useless and possibly harmful to your case, as it could be seen as fluffing/clouding the evidence.  At minimum, You must show convincing evidence of both being in the same country at the same time.  I suggest you write a detailed statement detailing the visit within the 2 year window with references pointing to each piece of evidence to show that you were both together in the same place.  

We have seen this issue before.  In some cases of very weak evidence, members had to meet again and re-submit another I-129f.  Good luck.  I hope you can successfully counter the RFE.  

Yes our original application came with a letter that preceded our "packet" of evidence with each attachment numbered for reference in the letter. I believe the only pieces of evidence that we lack are pictures, which I would hope wouldn't be an immediate disqualifier. What are more reliable pieces of evidence to submit, and how should it be submitted? 

 

[SalishSea 17,927]

Just now, EegretTenacious said:

Yes, we met three times within those two years, the only thing we don't have is photos. What more evidence could be provided? We have bank statements, receipts, passport stamps, etc. Was it how we submitted that evidence? Each attachment came with a statement that explained each one with important parts or transactions highlighted. 

Sounds like maybe you emphasized evidence of visits outside of the two years?  Like Crazy Cat said, that is not ideal:  the focus needs to be on the visits during the two years.  Passport stamps are usually the very best evidence.  

[SalishSea 17,927]

1 minute ago, EegretTenacious said:

I believe the only pieces of evidence that we lack are pictures, which I would hope wouldn't be an immediate disqualifier.

It's not.  We sent not even one picture.

 

Our only real evidence was passport stamps.  Maybe it is different for Canada, since travel back and forth is easier and much more common, and people could easily be in the same area without actually meeting in person.

[EegretTenacious 4]

Just now, Jorgedig said:

Sounds like maybe you emphasized evidence of visits outside of the two years?  Like Crazy Cat said, that is not ideal:  the focus needs to be on the visits during the two years.  Passport stamps are usually the very best evidence.  

I think I am being misconstrued. 

 

We attached evidence of three meetings within the two year period (Mar2019-Mar2021) prior to filing. We couldn't have given evidence of outside those two years when we filed when that period ends, evidence outside that period hadn't happened yet at the time of filing. 

 

[SalishSea 17,927]

33 minutes ago, EegretTenacious said:

Our most solid evidence comes from a period outside those two years prior to submitting, where we have photos and more receipts. 

If you are being 'misconstrued,' this comment is why.

[EegretTenacious 4]

1 minute ago, Jorgedig said:

If you are being 'misconstrued,' this comment is why.

Yes, what that comment means is I have more evidence, but outside the period they ask for.  Unfortunately I know now that it would be invalid in this case. 

4 minutes ago, Jorgedig said:

It's not.  We sent not even one picture.

 

Our only real evidence was passport stamps.  Maybe it is different for Canada, since travel back and forth is easier and much more common, and people could easily be in the same area without actually meeting in person.

Interesting. We have passport stamps and correlating flight/hotel itineraries. The only other thing I can think of is receipts for gas when I picked him up. I have no passport stamps because I drove into Canada on a passport card. 

[arken 4,197]

Either you didn't present the evidence in a good order/fashion for them to easily get a grasp of it or they really had a doubt you two met based on what you submitted. As @Jorgedig said may be they want more than stamps or receipts because traveling back n forth is no big deal and could be for any reasons. While one is not required to submit photos but you two really don't have even one photo in three visits in the last two year period!!

[EegretTenacious 4]

7 minutes ago, arken said:

Either you didn't present the evidence in a good order/fashion for them to easily get a grasp of it or they really had a doubt you two met based on what you submitted. As @Jorgedig said may be they want more than stamps or receipts because traveling back n forth is no big deal and could be for any reasons. While one is not required to submit photos but you two really don't have even one photo in three visits in the last two year period!!

That's what I'm thinking. How should evidence be attached? I wrote a letter with reference numbers and copies of evidence were attached with multiples on a page. Regular printer paper in B&W signed and dated.  It could've been the format because I was very detailed and explicit. I could find even more to add too. 

 

And yeah neither of us are selfie people haha. Once COVID happened we realized how much it sucked not having pics then started taking them. We were under the impression pictures couldn't get date validation, so we didn't prioritize them either. Can't change the past though 😛

[Mike E 11,740]

3 hours ago, EegretTenacious said:

He visited me in the states twice, and I visited him in Canada once. The only problem is we didn't really take pictures those visits.

1.) The RFE wants evidence from Mar2019-Mar2021, which we don't really have more evidence of

Your timeline says you filed March 2021. Therefore that is the only evidence they can be considered.  One option is to cancel your I-129F and file a new one using the evidence from after March 2021. 
 

3 hours ago, EegretTenacious said:

2.) The evidence we do have for meeting in that two year period only came from one of us or the other. If he flew we submitted his boarding pass, if I paid for the hotel we submitted my receipt. I'm not sure how to show that we were together, other than our itineraries matched up for our visits (lodging matched flights, bank statements matched payment for travel).

Your second option is to try affidavits from USA citizens who can attest that they saw you together between March 2019 and March 2021: when and where.   These affidavits should say that they have reviewed your government issued photo identification  and can attest that the photos match each of you. These affidavits should include the name, phone number, address, date and place of birth, employer, occupation and date citizenship was acquired.  People who are law enforcement officers, lawyers, and notaries might carry higher weight as these people will lose their licenses / badges if they perjure.  
 

I don’t give this option a lot of hope.  
 

3 hours ago, EegretTenacious said:

 

3.) Our most solid evidence comes from a period outside those two years prior to submitting, where we have photos and more receipts. 

Good to retain for the I-485.  Note that evidence of meeting before, after, and during that 2 year period is considered in I-485 cases.  
 

Which brings me to the third option: get married, file I-130 online, respond to the I-129F RFE with the online I-130 receipt and indicate you are therefore withdrawing the I-129F.  You might get lucky and the attention might be immediately directed to the I-130.  

[EegretTenacious 4]

2 hours ago, Mike E said:

Your timeline says you filed March 2021. Therefore that is the only evidence they can be considered.  One option is to cancel your I-129F and file a new one using the evidence from after March 2021. 
 

Your second option is to try affidavits from USA citizens who can attest that they saw you together between March 2019 and March 2021: when and where.   These affidavits should say that they have reviewed your government issued photo identification  and can attest that the photos match each of you. These affidavits should include the name, phone number, address, date and place of birth, employer, occupation and date citizenship was acquired.  People who are law enforcement officers, lawyers, and notaries might carry higher weight as these people will lose their licenses / badges if they perjure.  
 

I don’t give this option a lot of hope.  
 

Good to retain for the I-485.  Note that evidence of meeting before, after, and during that 2 year period is considered in I-485 cases.  
 

Which brings me to the third option: get married, file I-130 online, respond to the I-129F RFE with the online I-130 receipt and indicate you are therefore withdrawing the I-129F.  You might get lucky and the attention might be immediately directed to the I-130.  

How do you get married if the K1 is to get married..  

 

I just don't understand how a lack of photos means we have to re-submit. 

Edited February 20, 2022 by EegretTenacious

[SteveInBostonI130 3,467]

First, focus on one meeting within the valid period.  Pick the meeting with the strongest evidence - boarding passes to the airport nearest you or your fiance, hotel receipts (if any), etc.

 

Write a detailed letter describing that one trip and include the revelant evidence, even if it's something you already sent in.  Have the USC petitioner sign it (I believe that is you?)

 

As an aside, you don't need a K1 to get married.  It is one option for immigration - to be engaged, enter on a K1 and then adjust status.

 

The other path for immigration is to get married, anywhere.  Here, Canada, Bora Bora, anywhere.

 

Then collect all relationship evidence - your visits to each other, conversations, maybe open a joint bank account, submit your 2021 taxes as MFS, etc, and file for a spouse visa.