L1000

12 minutes ago, danidillenburg said:

If I may ask a non-related question, did you send your de facto relationship certificate in your original petition? I am asking because my fiance and I did (we also lived together in Australia) and now we are scared to death thinking they may think we are “too married” for a k1 visa and deny our petition... we know a de facto is not a marriage but I never knew what USCIS things about that on Australia specifically.

Hi Dani,

No we did not send it. Not sure if they recognize it. Hopefully they don’t. The biggest hurdle to overcome in your situation would be meeting the income requirements because your fiancée obviously works and lives here. That’s what is giving us the most trouble and we have had to source a co sponsor. As for the defacto certificate in some states I believe they may consider it a common law marriage. I wish I could help more. Good luck. 

41 minutes ago, crono_clone said:

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?

Hi Chrono, 

Thats why I was hesitant to load the inital application with all evidence and didnt give them too much. We were advised not to give them too much evidence by an immigration attorney. 

We applied for the K1 because we want to get married at the Stanley hotel in Colorado and we didn’t want to marry in Australia and rush everything just for a visa as we have a pretty good life here and both have good jobs. My fiancée has her heart set on being a doctor so we are moving for her to follow her dreams and go back to school for post grad studies. We applied for the K1 for those reasons and the wait was meant to be half the time of CR-1. We are nearing 11 months and not even at NAO2, so at this point it wouldn’t have mattered anyways which visa we went for. 

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

***(My mistake on first post. I listed our trip to Indonesia in 2016. It was actually 2017)***

Hi Shiran,

I actually did that with the newspaper but its dated 10/06/2018. It’s not what they asked for. That want proof we met within 2 years PRECEDING the application. 

Hello,

My Fiancée and I recieved an RFE to prove my fiancé and I have met immediately preceding the 2 years prior to filing the K1. 

The RFE evidence that we sent back was photocopies of both of our passport bio data photo pages and photocopies of both passports pages showing immigration stamps that we both entered and exiting Bali, Indonesia together 11 months prior to filing the K1. The stamps show we both entered the Same immigration checkpoint in Indonesia on the same date and exited together on the same date about a week later in 2017. The Indonesian passport stamp dates match exactly in both 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 for the same travel dates which compliment the Indonesian passport stamp dates. We have photos together in Indonesia on this trip also which are time stamped and date stamped. We also sent in another 2 intent to marry forms and circumstances of meeting forms (one each) as requested.

Will this be sufficient for the RFE ? 

Many thanks..

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? 

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