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niceguyj

k1 denied, not able to meet personally,help!

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I -129f that I filed in behalf of my fiancee was denied because we did not personally met within the 2 years preceding the filing of the application. I filed the application on february 2010, we've been dating since 2003 but the last time i saw her was nov 2006, although I went to see her on may 2010 while the petition was on process. I got a denial letter on june 28 2010, letter says it was denied due to not having personally met within the 2 years before filing the application. my question now is, is the denial letter final?do i re-apply or rebuttle?and if in case i re-apply, can i do it immediately or is there a waiting time before you can apply again after a denial? pls help...

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sorry to hear this but yes u cna re-file the k1 and indicate there now that u visited her last May 2010...

good luck!!!


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You will need to file again (pay all the fees etc), but you can do it immediately.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I -129f that I filed in behalf of my fiancee was denied because we did not personally met within the 2 years preceding the filing of the application. I filed the application on february 2010, we've been dating since 2003 but the last time i saw her was nov 2006, although I went to see her on may 2010 while the petition was on process. I got a denial letter on june 28 2010, letter says it was denied due to not having personally met within the 2 years before filing the application. my question now is, is the denial letter final?do i re-apply or rebuttle?and if in case i re-apply, can i do it immediately or is there a waiting time before you can apply again after a denial? pls help...

re-file based on the recent meeting... any the rebuttle will fail because you were deemed ineligible as of the date the first petition was filed, and you cannot provide any evidence to correct this finding and prove a meeting within two years prior to the filing date.

Edited by payxibka

YMMV

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post-88269-031217900 1279084740_thumb.png

i did know the requirements before i filed, i submitted a waiver/affidavit of sort stating why i wasn't able to see her personally 2 yrs before filing.and i guess that didn't work..can i re apply now even if my status is still on decision and didn't receive the final decision yet(see attached photo)? thank you all for your help... ^^

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Refile again and include evidence of meeting within the last two years.

This is basically the only requirement of the 129f petition and there is no hope of getting that waiver approved, not even with severe hardship.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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I -129f that I filed in behalf of my fiancee was denied because we did not personally met within the 2 years preceding the filing of the application. I filed the application on february 2010, we've been dating since 2003 but the last time i saw her was nov 2006, although I went to see her on may 2010 while the petition was on process. I got a denial letter on june 28 2010, letter says it was denied due to not having personally met within the 2 years before filing the application. my question now is, is the denial letter final?do i re-apply or rebuttle?and if in case i re-apply, can i do it immediately or is there a waiting time before you can apply again after a denial? pls help...

The rules are very clear. You must have met in person within the two years prior to the filing of the petition. You met way before two years and you met after you filed. Therefore your only chance is to cancel this petition and then file another (with another check).

You'll be fine. There is no appeal. Just file again, and read ALL the instructions carefully and abide by them to the letter.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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