biggish data

About K1 Expiration Date

When a K1 expiration date says "April 9" Does that mean it is the last day to use the Visa? or does it mean that it is no longer valid on April 9?

April 8 would be the last day to travel. April 9 the visa is no good. Bear in mind that once used to enter the USA, the expiration date on the visa is meaningless. The legal stay is then governed by the expiration date on the I-94.

pushbrk

Male

China

2011-02-01 19:48:00

Thank you for your reply. IRS lien means what? So can it be now or after her bankruptcy? She is the only one who wants to help us. They just want to know her salary and income tax information right?

If there's an IRS lien, it's a separate issue. She'll know whether, (in the present tense at the time the affidavit is evaluated) there is one or not. If not, no problem. If yes, it will need to be cleared up by payment, a payment arrangement and documentation of not only the arrangement but that the payments are being made. If she's current on paying taxes, it's just not an issue and wouldn't be until she was at least a couple years behind.

pushbrk

Male

China

2011-02-01 20:59:00

I did call the uscis and they said i had to list them, until they become citizens, die, leave the us, or have 40 quarterly hours equivalent to 10 years..

So my household is going to have to be put down as 7 even if i dont support them, they don't live with me, and I divorced. My niece or ex rather did email me to tell me that all three are permanent residents. I wasn't the main sponsor, I was the co-sponsor. Thank you Rebecca for your reply. I am going to keep trying for a co-sponsor. A friend of ours wants to do this/ help us. But she is also going through a divorce and filing bankruptsy since her soon to be ex hasnt worked for 3 years and she supported him and they are coming after her. (credit card companies) My real question is, will bankruptsy bar her from co-sponsoring with me, or do we have to wait until bankruptsy is sorted out first. My fiance and I want to know. SHe also has a lawyer friend that lives next door to her, but hasnt gotten back to her about this question, which he was going to check on.

Waiting is the hardest part...seperation is worst. So we wait for word..

Unless there's an IRS lien, bankruptcy and credit issues are not part of the equation when evaluating affidavits of support.

pushbrk

Male

China

2011-02-01 19:44:00

My fiance is going to visit me and bringing his daughter with. I am going to have him meet my entire family. Maybe then they might change their minds of co-sponsoring with me? We've already been apart for a year and a half. It tears us to shreds. Just to touch and hug and hold hands, we miss that. Memories of that is all we have. Thank goodness for webcams, skype msn messenger and the like. I hope we can be together as soon as possible. It's bringing me to tears when someone I ask to co-sponsor says no.

I would list the people for whom you submitted a signed affidavit of support but I would also explain how long ago it was, that you were signing as a household member and let them know anything you know about their current status as citizens, residents or fully employed. Let the Consular officer consider the totality of the circumstances and hope for the best. The Consular officer will know how unlikely it is for you to ever have any obligation to support these people.

Later, at the adjustment of status stage, do the same with the I-864. USCIS will know their status but you can offer your explanation as well. I think you missed the suggestion of a letter of explanation in one of my earlier posts.

pushbrk

Male

China

2011-01-28 21:08:00

The most definitive answer I can give is NOT definitive and that is that it could go either way. The MOST consideration possible would be the net value after taxes and penalties, so DEFINITELY NOT counted as the full value like a savings account or other investment account would be.

The reason it could go either way is the Consular officer is trained and expected to consider the totality of the circumstances. For instance, in the extreme example, the usual "Executive" with a history of six figure income who is currently unemployed but has a million bucks in his 401K, is probably going to sail through even with the 401k as his only asset, while the 30 year old working for 13 bucks an hour with the same three kids and a fiancee having $50k in the 401K is not as likely to cut the mustard. It would also depend on the country and intangible employability of the beneficiary in some cases.

pushbrk

Male

China

2011-01-24 16:51:00

So which form do I use when filing for avidavit of support for my fiance the I-134 or the I-1864?

The I-134. Later, when adjusting status, you file the I-864. Actually, you don't "file" an I-134. You provide it to be carried to the interview.

I have child support filed through the county where I live to be automatically taken out the ex's paycheck. Would a print out of what I've received will work as proof? In the beginning I copied the raw money order checks he gave me. I didnt think to copy all of them, I just have some.

A few recent bank statement showing the deposits along with a copy of the court order will do nicely.

pushbrk

Male

China

2011-01-24 08:25:00

Hrmm, good question, I believe that IF the SIL and her children are not under your roof, you do not support them with an financial means, then they should not be included in family size.

But I am just speculating here.

Please don't speculate. The correct answers have already been given.

pushbrk

Male

China

2011-01-24 08:21:00

If all she signed was an I134, then she doesn't count her ex sister in law and children. Because she never sponsored them.

I get that if she only signed an I-134, she's under no contractual obligation and those people shouldn't count in her family size calculation. I'm simply addressing the truthful and accurate way to complete the I-134. Show me on the I-134 where you "count" the family size. The form asks a question. You sign it under penalty of perjury, so you better answer the direct questions accurately. The I-134 IS an "affidavit of support".

pushbrk

Male

China

2011-01-23 23:52:00

Hi,I'm new here. I am a u.s. citizen petitioning for my fiance from the UK. When I was married previously, in 2003 I co-sponsored my now ex sister in law and her two children. They are now permanent residents. I know of one of the three that has 7 years of working hours, my ex sister in law probably more, and the last person I don't know how many hours that person has worked.
My question, (sorry so long) when I fill out the support form when I get that far, do I need to still list them on the form where it asks if I have prevously filled out the I-864 or 864A for anyone before?

I have two girls, (I am divorced and free to marry) me, my fiance (divorced and free to marry), and those three people. That makes a household of 7? Or do I just claim my two girls, me, and my fiance? (4) Do I have to count those three in the household size? I make $12.84 an hour, work full time, and get child support $535 a month. Roughly its about $37,000+ with the child support. Can I count child support as part of income? I need these questions answered as I am losing sleep over this. Will I need a co-sponsor? What if no one will co-sponsor for us? What do I do then? I am sending my petition in February 2011, and go from there. My fiance is sending me copies (that are all signed and dated in black ink) of his divorce decree, letter of intent, and biographic forms, passport photos, copies of passport, copy of luggage tag. I just want to know if I make enough, who to include on form, and can a co-sponsor be a friend of ours that lives out of state? Everyone has said no so far. Last paystub for 2010 says I've made $30,000 and change for the year. ( I received a bonus, which will be used for petitioning for my fiance)

Assets to show: (can and do these work, and do I need receipts to show value?)
Pension/401k
Car that I own outright
Computer
Stocks

Answer all questions accurately and truthfully. I-134, I-864 and I-864EZ are all "affidavits of support" and so regardless of which one you signed, you list the people. Whether they should be or will be counted as part of your household is a separate matter. If you wish to add your own statement with regard to their current status, suggesting which, if any should not be counted, go ahead. The I-134 does not ask YOU to state your household size.

If you list assets, be aware that it takes $3 in liquid assets to make up $1 of income shortfall. For Child support, to be counted, it must both be court ordered and that order and its actual receipt of funds by you must be documented.

While London may or may not apply the 125% standard, it WILL be applied when your loved ones adjust status.

They won't consider your only car or a computer but your 401k and stocks are good. State the actual current value of your 401k but don't expect them to consider the full value because of taxes and penalties associated with liquidating it.

Edited by pushbrk, 23 January 2011 - 08:04 PM.

pushbrk

Male

China

2011-01-23 20:02:00

UGH!!! Didn't send original :(

OK, so I am a complete idiot!! Some how, some way .. I didn't send the original G-325A for my fiance with the packet yesterday .. I must have accidentally switched it for the copy I made.

I realized this today when I saw the original still in my file .. and now I am freaking out!

Is it a big deal? What do I do!?!? I haven't even received the email saying they have my packet and are forwarding it from the Dallas lockbox since I literally just sent it yesterday ..

UGHHHHHHH!!!!

Probably you'll be OK anyway. If they request it, send it. Otherwise, no worries.

pushbrk

Male

China

2011-02-03 21:35:00

Pease help me!! Need to file yesterday!

I have been reading the guides like crazy for months and am still confused as hell. I am working in Canada on a work permit and have been here for 5 months. I have paid all my taxes in the US, have bills from my former address in the US in my name and a letter from my roommate living there saying that we will be staying there, a bank account, license, car insurance and registration, etc. According to the link posted about domicile, I can easily meet that requirement while staying here for at least a few more months, more if I get the second work permit approved that is being processed. SO why would I NEED to move back the US when I could keep working here and still prove US domicile? One person is telling me that I need to have a permanent address in the states (Portland, Oregon, currently in Vancouver, BC), but this domicile discussion guide is telling me that even people who were US citizens and had never even been in the states were able to establish US domicile. Which is it?? Basically I am trying to decide whether to file for K1 or for CR-1 with the K3 I-129 option. Is one process more strict about domicile than the other? We could get married now in Canada and then file for CR-1 and the I-129 K3 option and it sounds like we could enter the US in the same amount of time either way, except with CR-1 it would cost less and he could work when it goes through. I know I don't meet the financial requirements but I have several co sponsors available to fill out the form as well. I REALLY appreciate all of your help. I apologize for my confusion..it seems like no matter how much I read, one little question comes up and everything I thought I knew is just shattered.

If you have driver license and bank account using a Portland address where you will both live upon arrival, you have the domicile issue covered. People use parent or family member addresses as "permanent address" quite frequently when establishing domicile. If you have the sponsorship issue covered as well, I don't see any problems on the US end, as long as you can manage to remain in Canada legally.

pushbrk

Male

China

2011-02-04 21:57:00

Petitioner Lost His Job

thank you pushbrk! i knew you'd have a well-informed input. thanks for dropping by this threaad.

just to clarify:

1) when you say "complete the affidavit of support" does that mean that he should file his taxes while he's still at the company? does that mean as well that we should ask for a certification from the company's HR, etc?
2) when we bring our AOS packets for the CO's review -- what could we bring? am i right in assuming that we should bring these: tax returns (1099s), paystubs, checks? what else should we bring?

thank you again!

First, show him my answer. Employer letter, pay stubs and/or HR dept. certifications are for "employees". He's not one, so none of those things apply. Taxes are filed based on the calendar year 2010 regardless of any other status. The self employed provide the affidavit and complete copies of tax return or returns.

pushbrk

Male

China

2011-02-05 20:10:00

Petitioner Lost His Job

my fiance is an independent contractor,and had a steady job for a couple of years. his employer just told him they're letting most contractors go by march.

he has been working there for almost a year. my worry is that i filed late october and i am expecting a NOA2 within the next two months. what to do? my fiance could start looking for jobs but for sure it will take some time. he also can't actively look for a job now since he still goes to his present job.

his income has been fairly consistent and he does go over the poverty line needed for two people.

im from the philippines and i know that we dont accept cosponsors. what do we do? i know he should look for a job soon but are there other things we should look out for? any advices?

If I were in his shoes, I would complete the affidavit of support prior to losing his contract assignment. He'll state his current income based on his 2010 tax return, provide three tax returns and call it good. Once you have the visa and arrive in the USA, you'll deal with this all over again with the current information at that time.

An independent contractor is "self employed". Like being a consultant, a contractor often has time between assignments. This is normal. That's why they look at tax returns, not employer letters (not employed) or pay stubs (for employees).

pushbrk

Male

China

2011-02-04 20:42:00

Color copies of Passport and Birth Cert?

Can the petitioner send a color copy of both the birth cert and passport, or do they have to send the originals? Thanks!

The petition, G325a forms and letters of intent are the "originals". Everything else is a copy. If you sent your passport, how would you travel?

pushbrk

Male

China

2011-02-04 21:10:00

Where do I file K-1?

Just to clarify, the Texas address for filing the I-129F is NOT the Texas Service Center address. No fiancee (I-129F) petitions are actually adjudicated in any USCIS office in Texas and no cases of ANY kind are processed at the address given in the I-129F instructions. Only "intake" is done at the lock-box facilities.

pushbrk

Male

China

2011-02-05 20:14:00

What service center do I go by?

Texas service center just reroutes your petition to the service center that can take a little more at that time. Since your case is being processed by Vermont, you should fill in Vermont

The lock-box address I-129F petitions are sent to is 50 miles from the "Texas Service Center". Please don't confuse the two. USCIS has MANY offices in Texas, with at least three in the DFW area. Only ONE of those offices is a "service center" and they DO NOT have anything to do with any I-129F petitions.

pushbrk

Male

China

2011-02-05 20:52:00

Question on G-325A

just put none if she didnt work yet or even she worked just for six months, just like me i put none all the working experience questions even i work in a short period of time, so that no question at all about working experience when she had interview by the consul, just answer none.

Never lie on an immigration form or to an immigration official. Student is a fine occupation. Short term employment is "employment" not "none".

For example, a 27 year old Filipina who indicates she's never worked, might need to convince a Consular officer she hasn't been a prostitute. Just tell the truth.

pushbrk

Male

China

2011-02-06 00:24:00

unemployment benefits count for income?

Thanks everyone!
I have some unemployment benefits for 2010 and wanted to know if they count, I have been working since June 10th 2010, so should be ok.

When providing an affidavit of support to sponsor a K1 visa applicant, there's no place to "count" your 2010 income. You state your current income and provide a tax return if you choose or think it will help. Best practice is to provide one. They'll look at whatever they look at but they'll do the counting not you.

pushbrk

Male

China

2011-02-06 08:58:00

unemployment benefits count for income?

Do unemployment benefits count toward the poverty level? Does anyone know?

You can put it on the form but the Consular officer is going to be making a subjective decision about the public charge issue and they'll know the benefits are temporary.

pushbrk

Male

China

2011-02-03 21:40:00

anybody here used an attorney to help file and process there K-1 visa

Hey,

We did it without a lawyer and trust me, you guys can do it as well. It may seem overwhelming but thats these forums are for. Take advantage of the resources here, you have the opportunity to save thousands of dollars.

Goodluck!

Unless you are intimately familiar with the capabilities of the couple involved, the above is an extremely dangerous statement to make. Some people can do this on their own and are well advised to do so and some are not. I'd venture you know NOTHING about what they can or can't do except to find this message board and construct a couple sentences competently.

pushbrk

Male

China

2011-02-06 18:55:00

anybody here used an attorney to help file and process there K-1 visa

just wanna ask if anybody here used an attorney to help file and process there K-1 visa.. i am really so confused at this moment...
can somebody tell me if the k-1 visa sometimes takes longer than 6 months?
would really appreciate any response thank u

People here have used attorneys, other services and done it themselves.

Yes, absolutely the K1 visa can and now likely WILL take longer than six months from filing to visa interview.

pushbrk

Male

China

2011-02-05 21:40:00

Notice of decission was dismmised

In the notice of decission ( of the motion to reopen or reconsider.) It does not say anything about apealing again,it says this motion is dismissed. also it says the previous denial decission will remain unchanged. Does that mean it's all over and I have no more rights?

No it doesn't mean that. You are allowed to file again. Something is missing in this picture though. USCIS doesn't evaluate whether you "have a relationship". They evaluate whether you provided primary evidence of being together in person during the two years prior to filing the petition, whether you are free to marry, and have provided the required documents.

What is the exact wording of the original denial of the recent petition, not the "dismissal of the appeal" but the initial denial? We keep hearing your synopsis interpretation of what USCIS told you. Please provide the actual text without the names.

pushbrk

Male

China

2011-02-06 22:29:00

Closed I-129F petition and has sent it to storage

Update from yesterday!
I called the USCIS and talked to a lady who told me that my duplicate application is being worked now. She also told me to wait 45 days before I call back to check status. I am hoping this is a good thing and that things will progress smoothly.
Has anyone had this experience??

Keeping fingers crossed!!!

This is good but now what are you going to do to address the problem? It hasn't gone away. Simply filing a new petition won't change why the Consular officer considered the relationship NOT bona fide. What's the reason? What happened in the interview and/or what is it about your case that raised the red flags?

pushbrk

Male

China

2010-06-23 07:59:00

are scratch outs ok on the G325a

Thank you for posing this question - I was looking for an answer as well! In the date box next to the signature box the full date in mm/dd/yyyy format doesn't fit and when printed shows a + to expand the box.. we opted to leave it blank and handwrite the date. Everything else is typed. I was a little confused on the last section where it says "print" name and A#. All the examples I found online had it typed, did you type your name into this section as well?

My fiance just dropped his g-325, letter of intent, and photos off to be overnighted to me Finally!

Typed names in those bottom boxes are fine.

pushbrk

Male

China

2011-02-08 18:48:00

are scratch outs ok on the G325a

I am going to send in the paperwork to petition for K-1 visa for my foreign fiance. I've had her fill out the paperwork 3 or 4 times over the last few years. The last time we filled out the G325a was in September 2010. We typed everything on to the application (other than her signature of course). The date typed in at the bottom says 09/05/201 (it wouldn't let us put all the characters to put "2010.") Would I get an RFE or would it really be a problem if I add the "1" at the end of 201 since we are now in 2011 and change the 09 to 02... thus making it 02/5/2011... or could I simply heavily blacken the date out altogether and hand write neatly below it 2/5/2011. My other option is just send in paperwork dated September 2010 right now... I assume that would create a problem? As far as the Intent to Marry... that's not a problem as I have numerous blank pages with her signature in the right spot. I actually have numerous blank G325a with her signature... but they are all the older version G325a. I'm assuming they still accept the G325a that says good through "6/30/2011?"

Thoughts on blacking out the date and writing a Feb 2011 date or writing over the old date?

Thanks

One line through the date and then write a current date is just fine. It would also probably be fine the way it is. It's just a biographical form, so they're far more interested in the information than the date, or the signature for that matter.

pushbrk

Male

China

2011-02-08 04:03:00

That's why I said "If that was the only petition he ever filed". He would not have filed two or more petitions previously. He would not have had a petition approved within the past two years. He would be filing his second petition after having his first petition denied or withdrawn. If he files a third petition then he'd need a waiver.

Oh, sorry. I get where you're coming from but USCIS has been interpreting this so that the second petition filed requires a waiver. I agree, that's not what either the law or the memo says but it's what happens. No problem really, as long as you add a couple sentences to the cover letter.

pushbrk

Male

China

2011-02-09 09:48:00

Edit: For some reason, people who have gone through similar situations are shy to post directly to the forum. I have received 2 more PM's from people who are saying that it wasn't a problem for them.

Let me make it short. I don't believe them. If I were you, I wouldn't either. You've said the couple can meet in July, so they can meet. You've said they want to file now to get a head start. Clearly anything they get a clergyman to affirm in order to start without meeting within the past two years, at best will fail and cost them months of waisted time. At worst, the foreigner never enters the USA. If you don't believe the senior members here, please make certain they consult a qualified immigration attorney. Never lie on immigration forms or to immigration officials. What you are proposing is outright lying, no question about it whatsoever.

pushbrk

Male

China

2011-02-09 09:45:00

If that was the only petition he ever filed then he shouldn't need to ask for a waiver of the multiple filing limitations. That would only be necessary if the first petition was approved within the previous two years. His petition isn't going to be approved, even if he doesn't withdraw it.

You're mixing two separate issues. The memorandum states, "If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver."

Two approvals gets you in the multiple filer database. Filing two or more EVER, requires the waiver request.

Not sure if this link still works. I'm pasting from my saved PDF.

http://www.uscis.gov...imbra072106.pdf

pushbrk

Male

China

2011-02-09 09:40:00

Hi i met in person with my fiancee in 2006 and filed the I-129f Aug 2010 it took such a long time because we were waiting for her annulment in the philippines to complete. i submitted all the required evidence and included a true statement that i could not take time off from my job to meet with connie again, but that we had been in constant contact all this time with copies of letters IM's etc. I recieved a letter from USCIS stating that my evidence is insufficient. because i hadn't met with connie in the last 2 years from the filing date. Is there any hope for us? If I go ahead and risk losing my job and go back to Cebu next week and mail the proof before the March 8, 2011 deadline they have given me will it still be denied?

Yes, it will still be denied. The evidence you need is that you met between Aug 2008 and Aug 2010. You didn't, so there is no such evidence.

Thanks, pushbrk

So should i withdraw my petition ? Will i just have to go back to Cebu and start over with the I-129f and pay the $455 again?

You could send a withdrawal letter as a response to the RFE, yes. The good news is that the fee went down to $340. After your next visit, you'll need to include a waiver request to waive the multiple petition filing rule. It's a simple explanation of why you're filing a second petition with a sentence asking them to waive any applicable filing limitations. They'll do it. No worries.

A smart plan would be to bring back the signed G325a, new letter of intent and passport photo when you return from your upcoming trip.

pushbrk

Male

China

2011-02-09 04:16:00

This is really getting ridiculous! We are not at war here and there is no medal given to the CORRECT person. The OP stated that he had gotten what he wanted, why do we keep bothering him. He needed some advice, we gave him from what we know, it is left for him to sift through and decide.
Let's not make this a do or die affair. He's gotten what he wanted, just wish him luck and let it go. No one HAS to be right all the time. Here's my olive branch of peace

We continue the discussion as necessary because, as you can see, others with similar interests read along and use the discussions for reference.

pushbrk

Male

China

2011-02-09 01:55:00

Master4g: The question seems to be whether they have met in person in the last two years as of the date when the I-129F petition is filed. What pushbrk is probably saying is that if they have, that's fine; if they haven't met within that time frame (that is, it's been longer than two years), and they state on the form that they have met within that time frame, it's material misrepresentation. Read again what JimVaPhuong last posted. If I'm mistaken in my analysis, pushbrk will post a clarification.

No, that's not my point. I'm going by the first sentence in Master4g's first post in the thread, where he writes, "Hello, In our culture/religion, premarital dating is discouraged." If by "discouraged", he really means that to meet in person would "violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice;" rather than it is simply "discouraged" then all is well. However, if they represent that meeting would "violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice;" when it is really only "discouraged" then THAT would be a misrepresentation.

USCIS adjudicators have seen plenty of this kind of scenario before and they know the difference between discouraged and strictly forbidden with regard to the meeting requirements, meaning they know in which specific religious sects "forbidden" is actually the case. In reality, I expect the petition would simply be denied, and the couple would be allowed to file again, without prejudice after meeting.

If the OP knows the couple are practicing members of a religious sect that forbids the bride and groom to meet before the marriage date, (and that means even after she get to the USA) then it would be helpful if he so stated instead of saying dating was discouraged.

pushbrk

Male

China

2011-02-09 01:21:00

Hi i met in person with my fiancee in 2006 and filed the I-129f Aug 2010 it took such a long time because we were waiting for her annulment in the philippines to complete. i submitted all the required evidence and included a true statement that i could not take time off from my job to meet with connie again, but that we had been in constant contact all this time with copies of letters IM's etc. I recieved a letter from USCIS stating that my evidence is insufficient. because i hadn't met with connie in the last 2 years from the filing date. Is there any hope for us? If I go ahead and risk losing my job and go back to Cebu next week and mail the proof before the March 8, 2011 deadline they have given me will it still be denied?

Yes, it will still be denied. The evidence you need is that you met between Aug 2008 and Aug 2010. You didn't, so there is no such evidence.

pushbrk

Male

China

2011-02-09 01:08:00

There is no lying involved. Photo or no photo, they are still engaged, and the Fiancee visa is for people who are engaged. The application would simply state the process of our marriage system and that we are not allowed to date before marriage, so they don't have photos of them together, or both of their names on a shared vacation ticket, or even phone conversations for that case. Some westerners have a hard time believing it, but they aren't even allowed to talk to each other before they get married. They are allowed that initial meeting BEFORE they get engaged, to ensure compatibility. However, once they are engaged, it doesn't allow for them to talk each other to sleep each night (or talk at all for that case. They can however allowed to talk business related things like how they plan on doing their wedding once she arrives here, or how they should go ahead and apply for the visa)

Have you looked at the I-129F? Having photos together isn't the issue. Evidence of meeting in the past two years is the issue. Dating isn't the issue either. You are required to explain why the meeting requirement doesn't apply to you. It does apply, so you cannot possibly convince them it doesn't.

From the I-129F instructions. Enlargements added for emphasis.

and have met in person within two years before your filing of this petition unless:

A. The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice; or

B. It is established that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.

So, what I'm referring to with regard to "lying" is that unless you say meeting in person would violate strict and long established customs of your fiancee's culture or social practice, you won't meet the standard. If you do say that, you'll be lying.

Edited by pushbrk, 09 February 2011 - 12:32 AM.

pushbrk

Male

China

2011-02-09 00:29:00

Someone who was in an identical situation (besides that fiancee was from France) has PM'd me with what he submitted. He had never met his fiancee and just submitted an affidavit from his religious leader and they were approved.

Thanks everyone for their replies, I have found what I was looking for.

Good luck with that. You've already clearly indicated that meeting is NOT forbidden, you HAVE met already and that it was simply more than two years ago. Please come back and let us know how things work out. Do you realize that lying (material misrepresentation) on an immigration form or to an immigration official can result in a lifetime ban from entering the USA. (For the foreigner, of course.)

pushbrk

Male

China

2011-02-08 23:37:00

They would be denied. If they get an RFE for proof of meeting, and submit evidence of a meeting that occurred after the petition was submitted, then the petition would be denied. They must prove they met within two years prior to the filing of the petition.

They same applies to evidence proving any of the requirements. You can respond to an RFE with evidence you obtained after the petition was filed (a birth certificate to prove US citizenship, for example), but only if the evidence proves that the requirement was met at the time the petition was filed. If the evidence proves the requirement was met after the petition was filed (a certificate of naturalization issued after the petition was filed, for example) then the petition must be denied.

Exactly, so in this case, they would...

1. File the petition
2. Get an RFE
3. Reply unsatisfactorily or not at all
4. Get notice the petition was denied for lack of primary evidence meeting in the two years prior to filing

It's not RFE or Denial. It's RFE and THEN Denial.

pushbrk

Male

China

2011-02-08 23:04:00

Thanks for everyones input. sol

We just wanted to know the options. As I stated earlier, the two met more than two years ago so that trip might not work, which is why I asked the question regarding the type of hookup they had.

They will be able to meet in July so they will have photos then, but if we are able to apply now, they would have a solid head start on the process

Change "might not work" to "definitely will not work". Yes, take photos but concentrate on saving actual primary evidence of meeting, like passport stamps, boarding passes, receipts in country etc. They/you do NOT qualify to file a petition UNLESS it includes the above mentioned primary evidence of meeting in the past two years. Meet and/or meet and marry in July and file the petition when qualified to do so.

pushbrk

Male

China

2011-02-08 18:45:00

Many religions have prohibitions against them being alone together but not against them being together with others there monitoring them.

Yes, but the OP clearly stated neither of the above applied in this case. They would be saying, "We haven't seen each other for four years because we don't want or can't afford to buy an airplane ticket. Please waive the meeting requirement." There's evidently at least and perhaps only one pretty obscure sect that prohibits the bride and groom from meeting before the wedding. That's why it's addressed in the instructions.

pushbrk

Male

China

2011-02-08 07:31:00

Yea that's true. They are better of meeting as what might (in the OP's opinion) constitute "detailed explanation and evidence of the extreme hardship or customary, cultural or social practices that have prohibited your meeting" might not be convincing enough for USCIS.

"Might not?" They have NOTHING.

pushbrk

Male

China

2011-02-08 06:15:00

The above is a direct copy from the Instructions for I-129F

Yes and even those are somewhat misleading in that many take hope from them when they shouldn't. The current situation isn't even close. Absolutely NOTHING is keeping them from arranging another meeting.

pushbrk

Male

China

2011-02-08 04:22:00