Jump to content
Sign in to follow this  
stevydoo

What Is the Definition of Filing Date for a K1 Visa?

2 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

I posted this question on another thread but believe it's such a fundamental issue that everyone would benefit from an answer. My lawyer claims the filing date for our petition was the date our check cleared with USCIS, and the Manila embassy CO claims it is NOA1. Our petition was rejected because I left Phil a few days before the 2 year window defined by NOA1, requesting documentation to prove we were together on the NOA1 receipt date minus 2 years (which I can't provide). USCIS accepted our petition w/o comment. Our lawyer filed our petition so he determined the effective filing date. I searched at length but couldn't find a single reference on any USCIS or embassy website which offers a legal definition for "filing date." Does anyone know what it is?

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

I posted this question on another thread but believe it's such a fundamental issue that everyone would benefit from an answer. My lawyer claims the filing date for our petition was the date our check cleared with USCIS, and the Manila embassy CO claims it is NOA1. Our petition was rejected because I left Phil a few days before the 2 year window defined by NOA1, requesting documentation to prove we were together on the NOA1 receipt date minus 2 years (which I can't provide). USCIS accepted our petition w/o comment. Our lawyer filed our petition so he determined the effective filing date. I searched at length but couldn't find a single reference on any USCIS or embassy website which offers a legal definition for "filing date." Does anyone know what it is?

I think a successful argument can be made that the filing date is the day USCIS received the petition. If that can be documented based on certified mail. If not, then surely the day USCIS cashed your check can be successfully argued. First you must document that date and make the argument. Until you do, the Consulate only has documentation of the NOA1 receipt notice date.

Bear in mind though that this may or may not be the primary reason for the denial. They could accept your argument that the petition was filed on time and still deny the visa for other grounds.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...