question on #18

[momof2]

I previously asked if you can file the I-129 while your fiancee is here, he is (EWI) they replied yes so my question is what do I put for #18 when it asks about how many times we have seen each other in 2 yrs? Also would it be better to do the 129 and try that way or get married do the 130 ( I am preety sure he will have a 10 yr bar because of illegal presence?

[kitkat1]

Question 18 does not ask how many times you have seen each other in 2 years.

It asks:

"Has your fiancé(e) met and seen you within the two-year period immediately preceding the filing of this petition?"


Yes or No

"Describe the circumstances under which you met"

Just answer the questions and you'll be fine.

If he has been illegally present in the US for more than 180 days, yes, he will have a ban and will need a waiver. Whether you are engaged or married makes no difference.

[TracyTN]

I agree with KitKat - just a brief description of how you met and the dates that you've met in person. For example, my hubby and I met on the internet so I put that along with the date we 'met' online, and then gave a list of the times we had met in person.

Then obviously, I enclosed further proof of our meeting (photos, passport stamps, boarding passes, etc) later on in the petition package. Question 18 is just a brief overview for them.

If the circumstances of you having met are a little more complex than what can be explained in a sentence or two, you can put 'see supplemental sheet', then answer the question on a separate sheet of paper (marked question #18, I 129f) which you also sign and date.

[aussiewench]

Question 18 on the I-129F and Evidence

Declaration of having met in the required two year period and types of evidence and how much evidence should be sent to show that you have met within the required two year period prior to filing the petition?

Some only answer question 18 in brief on the form in the space required and are approved, others have received a Request for Further Evidence (RFE) for further information. Submitting additional information at the outset, should lessen the chance for an RFE in this regard, but it also may not. 2-3 paragraphs on a separate attachment is a good ball park figure. Please remember to note the question number on the separate attachment, date and sign.

It is up to you individually how much information you wish to include. Each case is different.

Tip:
Use Q18 of the I-129F petition to describe in some detail of how you met in the required 2 year period that established the relationship. The evidence you then submit should support those details. Boarding passes, passport stamps, hotel/credit card receipts, rental receipts if ever lived together etc etc are primary evidence. Photos are secondary evidence which support the primary evidence. What one should be aiming for is creating an image in the minds eye of the adjudicator......a complete picture. Look outside the box for evidence that shows you both in the same place at the same time. Each case is different and one should submit evidence accordingly, not just rely on the standard unofficial list.

Whilst evidence of an ongoing relationship is not a requirement at the initial filing stage, it can be beneficial to those from high fraud countries (e.g. the philippines) to do so, or if there is anything that could be a red flag that may cause issues at interview stage. This evidence should always be very carefully scrutinized especially emails & chat, to make sure there is nothing mentioned that may be construed in a different way then it is meant. Also make sure that any photo evidence submitted of any ceremony cannot be mistaken for a marriage ceremony which has in the past caused issues and denials.

See Guide to filing the I-129F - K1 visa (http://www.familybasedimmigration.com/forum/k1visa.php#evidence)

[momof2]

He was arrested once in 2002 for littering but never deported, but he did say that on the border the patrol caught him and fingerprinted him. Is that considered a deportation? Also from the time someone files a I-129 till they tell you (if approved) to file a 601 how long is that?

[momof2]

When doing papers this way do you have to file a 864?

[kitkat1]

Start by reading the K1 guide here:

http://www.familybasedimmigration.com/forum/k1visa.php

and the overview of the K1 process here:
http://travel.state.gov/visa/immigrants/types/types_2994.html

The I-864 is for adjustment of status in the US after he has his visa and you have married.