noa1 3days late

[aragon 0]

I first filed for k1 in January 2009 after visiting philippines in may 2007 I returned to usa may 17th usa time may 18th philippines time. I sent the papers in after using the guide here first thing they asked me for was original copies. Then They asked me for a newer check. They sent me the whole k1 packet I sent them asking for the new check and original papers. so i sent that back to them. The first paper was dated may 10th then then i sent in fedex three day and they got that on may 13th the noa1 is dated for may 20th 2009.

Will that effect the two year requirement?

[brnidokiegurl 0]

I first filed for k1 in January 2009 after visiting philippines in may 2007 I returned to usa may 17th usa time may 18th philippines time. I sent the papers in after using the guide here first thing they asked me for was original copies. Then They asked me for a newer check. They sent me the whole k1 packet I sent them asking for the new check and original papers. so i sent that back to them. The first paper was dated may 10th then then i sent in fedex three day and they got that on may 13th the noa1 is dated for may 20th 2009.

Will that effect the two year requirement?

two years may 07 to may of 09 so u filed within that timeline (jan 09)

[aragon 0]

I first filed for k1 in January 2009 after visiting philippines in may 2007 I returned to usa may 17th usa time may 18th philippines time. I sent the papers in after using the guide here first thing they asked me for was original copies. Then They asked me for a newer check. They sent me the whole k1 packet I sent them asking for the new check and original papers. so i sent that back to them. The first paper was dated may 10th then then i sent in fedex three day and they got that on may 13th the noa1 is dated for may 20th 2009.

Will that effect the two year requirement?

two years may 07 to may of 09 so u filed within that timeline (jan 09)

the noa was dated may 20th 2009

i think this will the date they are going to use as the file date which is three days after the two year mark of when i came back from philippines

[JimVaPhuong 4,863]

The I-129F instructions don't say anything about "two years from the time we receive your submission". I presume they mean two years from the time you signed the form. You have no control on when they issue the NOA1.

In any case, if you haven't been to visit your fiancee since May of 2007 then you're definitely due for another trip. Having multiple trips on a somewhat regular basis goes a long way toward convincing the consulate that your relationship is legitimate.

By the way, which documents did you submit that were not originals, and that they wanted originals for?

Edited May 28, 2009 by JimVaPhuong

[aragon 0]

The I-129F instructions don't say anything about "two years from the time we receive your submission". I presume they mean two years from the time you signed the form. You have no control on when they issue the NOA1.

In any case, if you haven't been to visit your fiancee since May of 2007 then you're definitely due for another trip. Having multiple trips on a somewhat regular basis goes a long way toward convincing the consulate that your relationship is legitimate.

By the way, which documents did you submit that were not originals, and that they wanted originals for?

The cover letter at this site stated something like " Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date."

So I sent in all copies and kept the originals for my self. The reason I have not been back to the philippines since 2007 is that I have two children there and are supporting them and saving money for them. So I really have not had any extra money. To waste on that. I have no doubt in my government that it would be approved. But just a bit worried about filing late. I miss read it at first and thought that they wanted me to prove that I have known my wife for at least two years and not that I only needed to visit her within the last two years. I hope my government wont fail me.

[laura819 0]

The I-129F instructions don't say anything about "two years from the time we receive your submission". I presume they mean two years from the time you signed the form. You have no control on when they issue the NOA1.

In any case, if you haven't been to visit your fiancee since May of 2007 then you're definitely due for another trip. Having multiple trips on a somewhat regular basis goes a long way toward convincing the consulate that your relationship is legitimate.

By the way, which documents did you submit that were not originals, and that they wanted originals for?

The cover letter at this site stated something like " Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date."

So I sent in all copies and kept the originals for my self. The reason I have not been back to the philippines since 2007 is that I have two children there and are supporting them and saving money for them. So I really have not had any extra money. To waste on that. I have no doubt in my government that it would be approved. But just a bit worried about filing late. I miss read it at first and thought that they wanted me to prove that I have known my wife for at least two years and not that I only needed to visit her within the last two years. I hope my government wont fail me.

OK, this might just be me being picky, but you call her your wife, and you filed for K-1....which is a fiancee visa, not a spousal visa. Second, if it ever comes up that you don't have the money to go visit, I am not sure if they will feel you have the money to support her and file for AOS, etc, as that's probably only a little less than a flight to the Phillippines...just my speculation....but I am pretty cautious.

[JimVaPhuong 4,863]

The I-129F instructions don't say anything about "two years from the time we receive your submission". I presume they mean two years from the time you signed the form. You have no control on when they issue the NOA1.

In any case, if you haven't been to visit your fiancee since May of 2007 then you're definitely due for another trip. Having multiple trips on a somewhat regular basis goes a long way toward convincing the consulate that your relationship is legitimate.

By the way, which documents did you submit that were not originals, and that they wanted originals for?

The cover letter at this site stated something like " Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date."

So I sent in all copies and kept the originals for my self. The reason I have not been back to the philippines since 2007 is that I have two children there and are supporting them and saving money for them. So I really have not had any extra money. To waste on that. I have no doubt in my government that it would be approved. But just a bit worried about filing late. I miss read it at first and thought that they wanted me to prove that I have known my wife for at least two years and not that I only needed to visit her within the last two years. I hope my government wont fail me.

The statement on the cover letter is meant to indicate that any copies included have not been modified or altered. Also, neither the cover letter nor the VJ guides in general are meant to replace the instructions from USCIS. They are meant to be used in conjunction with those instructions. The I-129F instructions are reasonably clear about which documents need to be original and which can be copies (they used the words "copy" and "original" when needed).

I've seen a lot of posts by people on this site (and others) who were denied and then felt that "their government" failed them. In a few cases this is true. The US government is not a machine. It's people who are just as likely to make mistakes as the rest of us. However, in most cases, when you dig deep enough, you find that USCIS or the consulate had valid reasons for denying a petition or application. You may feel that paying to support your kids in the PI is a valid reason for not being able to afford any more visits to your fiancee. The consulate, on the other hand, might wonder how the heck you're going to be able to pay to bring them to the US and support them here (where the cost of living is FAR higher) when you can't even afford an occasional round trip ticket to visit them.

They say that "love will find a way". In your case, the consulate may wonder why it didn't. You should seriously consider another trip. Have a garage sale or borrow a little cash from family, if needed. Do whatever you have to do. Your future with your wife and kids hinges on your ability to make this all happen. "Hope" in your government coming through for you isn't going to make it happen. It's going to require a considerable amount of action and sacrifice on your part.

Have you filed to have your kid's birth abroad registered, and have you gotten US passports for them yet?

[Old Dominion 26]

If she's your wife, and you are applying to bring your wife and kids here, the K-1 visa won't work and will be denied. Maybe you applied for a spousal visa. Even then, the US will have good reason to wonder if this marriage is real. Making another visit or two would help show that the visa isn't just a convenience to get them here so they can obtain green cards.

[aragon 0]

If she's your wife, and you are applying to bring your wife and kids here, the K-1 visa won't work and will be denied. Maybe you applied for a spousal visa. Even then, the US will have good reason to wonder if this marriage is real. Making another visit or two would help show that the visa isn't just a convenience to get them here so they can obtain green cards.

She isnt my wife in the eyes of this law. Or papers.

Well I have proof that I have known her for five years and have been to philippines about 10 times. Due to the Mission that I work at. It is just that the last time that I was there was Two years ago.

[laura819 0]

If she's your wife, and you are applying to bring your wife and kids here, the K-1 visa won't work and will be denied. Maybe you applied for a spousal visa. Even then, the US will have good reason to wonder if this marriage is real. Making another visit or two would help show that the visa isn't just a convenience to get them here so they can obtain green cards.

She isnt my wife in the eyes of this law. Or papers.

Well I have proof that I have known her for five years and have been to philippines about 10 times. Due to the Mission that I work at. It is just that the last time that I was there was Two years ago.

It doesn't matter how many times you've been there if you haven't been in the last 2 years. And if I were the person looking at your case I would really wonder why you hadn't been in 2 years...or almost 2, or whatever.

[aragon 0]

Yeah I guess so. I have been going to school for the last two years as well as working full time so that is why I havnt had the time. If they say no then I guess I will have to sell my bar and just move into the philippines