What Does the Two-Year Requirement Mean?
The K-1 fiance visa statute at INA 214(d) requires that the petitioner and beneficiary have met in person within two years before the petition filing date. This ensures the relationship involves actual physical meeting, not just online communication.
The meeting must have occurred within the two years immediately preceding your I-129F filing. If you filed on January 15, 2025, you must have met between January 15, 2023, and January 15, 2025. Meetings before that window do not satisfy the requirement.
Brief meetings count. The law does not specify minimum meeting duration. Even a short visit satisfies the requirement if you actually met in person during the qualifying period.
Why Would USCIS Question the Meeting?
USCIS issues RFEs when initial petition documentation does not adequately prove the meeting occurred within two years. Common triggers include missing travel documentation, unclear timeline in the petition narrative, or lack of corroborating evidence.
Applications relying solely on applicant statements without supporting documentation often receive RFEs. USCIS prefers objective evidence over assertions.
If your petition was filed close to the two-year boundary or your meeting circumstances were unusual, additional scrutiny is more likely. Strong initial documentation prevents many RFEs.
What Evidence Proves You Met in Person?
Travel documentation provides the strongest evidence. Passport stamps showing entry and exit from the country where you met establish physical presence. Keep in mind that not all countries stamp passports, but when stamps exist, they are powerful evidence.
Flight records including boarding passes, e-tickets, and itinerary confirmations show travel to the meeting location. These records include dates that establish when you traveled.
Hotel receipts, Airbnb confirmations, or other accommodation records show where you stayed during the visit. Records naming both parties or showing shared accommodation are particularly valuable.
What If You Do Not Have Travel Records?
If formal travel records are unavailable, compile alternative evidence. Credit card or bank statements showing transactions in the meeting location establish presence. Phone records or location data showing international usage corroborate travel.
Receipts from activities during your visit—restaurants, attractions, transportation—provide circumstantial evidence of presence. Collect whatever transaction records exist from the meeting period.
Third-party witnesses who observed your meeting can provide affidavits. Friends, family members, or others who saw you together during the visit can corroborate your account.
How Do Photos Support the RFE Response?
Photos from your meeting provide visual evidence that you were together. Select photos showing both parties that were clearly taken during the meeting period.
Photo metadata (EXIF data) includes creation date and sometimes location information. This metadata corroborates when and where photos were taken. Include screenshots or printouts showing the metadata.
If photos lack metadata or were taken on film cameras, explain this and provide other evidence establishing when the photos were taken. Photos alone without corroborating date evidence are less persuasive.
How Many Photos Should You Include?
Include enough photos to demonstrate the meeting convincingly—typically 10 to 20 photos from the meeting visit. Show different locations and activities during your time together.
Photos should span your visit rather than all being from one moment. A progression of photos from different days and activities demonstrates you spent meaningful time together.
Organize photos chronologically with labels indicating date and location. This organization helps officers understand what they are viewing and when it occurred.
What Should Affidavits Include?
Both the petitioner and beneficiary should provide sworn affidavits describing the meeting. These statements provide narrative context for documentary evidence.
Affidavits should include specific dates of the meeting, location where you met, how long you spent together, activities you did during the visit, and circumstances of the meeting.
Be specific and detailed. "We met from August 10-17, 2024, in Manila, Philippines. I flew from Los Angeles on August 9 and stayed at the Marriott Manila. We visited her parents' home in Quezon City on August 12..." is more persuasive than vague statements.
Should Affidavits Be Notarized?
Yes. Affidavits should be signed under penalty of perjury and notarized if possible. Notarization adds formality and demonstrates that the signer understands the legal weight of their statements.
The beneficiary abroad may have difficulty getting U.S.-style notarization. In that case, a signed declaration under penalty of perjury is acceptable. Use language like "I declare under penalty of perjury that the foregoing is true and correct."
Include passport-style photos or copies of identification with affidavits to verify identity of the signers.
What If You Qualify for an Exemption?
Two exemptions exist to the meeting requirement. Extreme hardship exemptions apply when meeting would cause extreme hardship to the U.S. citizen petitioner. Strict cultural customs exemptions apply when meeting before marriage would violate the beneficiary's cultural practices.
For extreme hardship, document why travel to meet would cause extreme hardship. Medical conditions preventing travel, dangerous conditions in the beneficiary's country, or other compelling circumstances may qualify. USCIS Policy Manual provides guidance on hardship evaluation.
For cultural customs exemption, document that the beneficiary's culture has long-standing customs prohibiting meetings between engaged couples before marriage. Provide evidence of these customs through cultural expert letters, published sources describing the practice, or community leader statements.
What Evidence Supports Exemption Claims?
Extreme hardship requires medical documentation of conditions preventing travel, evidence of dangerous country conditions, or documentation of other hardship factors. Generic claims of expense or inconvenience do not qualify.
Cultural customs exemption requires evidence that such customs exist and that the beneficiary's family adheres to them. Letters from religious or cultural leaders, evidence of the custom in relevant communities, and statements from family members explaining their adherence help establish the exemption.
Exemptions are granted sparingly. Do not rely on exemption claims if you can document an actual meeting instead.
How Do You Structure the RFE Response?
Begin with a cover letter summarizing your response and listing all enclosed evidence. Reference the RFE notice by date and case number. Clearly state what evidence you are providing.
Organize evidence by category: travel documentation, photos, affidavits, supporting documents. Use tabs or dividers to separate sections. Number pages and create an evidence index.
Address each specific request in the RFE. If USCIS asked for three types of evidence, clearly provide all three. Do not leave any request unaddressed.
When Is the Response Deadline?
RFE response deadlines are strictly enforced. Note the deadline immediately upon receiving the RFE and calendar it with reminders.
Typical RFE deadlines range from 30 to 87 days depending on the request. Check your specific RFE notice for the exact deadline. Late responses result in denial.
Submit your response well before the deadline to allow for mailing time. Use a trackable delivery method and keep proof of delivery.
