I-129f, when is it considered filed? Postmarked date?

[Big Bunny 1]

Hi Everyone,

The I-129f Instructions Form says that you may file this petition if you and your fiancee "have met in person within two years before your filing of this petition..."

My question is when is my petition considered filed? Is it when I mail it out (the postmark), or the date I wrote next to my signature on the I-129f form, or the date the USCIS receives it? Or some other date else? I can't find the answer and I've done quite a bit of searching.

I know with IRS, they say you must files your taxes by April 17, 2012, which means it must be postmarked on or before that date to be considered "filed".

I'm asking because next week Friday (in 7 days) will make 2 years since we've last seen each other in person, but I'm still waiting on signed documents from my fiancee (the beneficiary) which should arrive next Monday or Tuesday. I would then send out the finished packet immediately via overnight service.

I just want to be sure.

Thank you very much for any insight you can lend.

[Penguin_ie 5,986]

I believe it is the date on your NOA1 that counts, ie the day they put it into their system.

[Gary and Alla 3,694]

Hi Everyone,

The I-129f Instructions Form says that you may file this petition if you and your fiancee "have met in person within two years before your filing of this petition..."

My question is when is my petition considered filed? Is it when I mail it out (the postmark), or the date I wrote next to my signature on the I-129f form, or the date the USCIS receives it? Or some other date else? I can't find the answer and I've done quite a bit of searching.

I know with IRS, they say you must files your taxes by April 17, 2012, which means it must be postmarked on or before that date to be considered "filed".

I'm asking because next week Friday (in 7 days) will make 2 years since we've last seen each other in person, but I'm still waiting on signed documents from my fiancee (the beneficiary) which should arrive next Monday or Tuesday. I would then send out the finished packet immediately via overnight service.

I just want to be sure.

Thank you very much for any insight you can lend.

This is not the IRS. The IRS gives you an automatic extension also, so what?

The date they receive it AND accept it for processing. IF you made some error which causes it to be rejected, such as forget to include the payment or forget to sign a form, it does not "count"

Also, do not forget that an approved petition is NOT a visa, it is simply a basis to apply for a visa. Having not seen each other in two years is not good evidence of realtionship for the interview. But that is the next hurdle.

Edited January 13, 2012 by Gary and Alla

[Moomin 292]

Go by the NOA1 date. The last responses I read weren't all the same. If you're on doubt, call USCIS however they aren't popular when it comes to giving advise.

If you're cutting it this close and you still want to file, I'd suggest filing the petition NOW and definitely getting and RFE for missing documents, as long as everything else is in there. If everything else is there, then rather risk an RFE than being denied. I have no idea if the NOA1 will be generated within that timeframe, if if the petition will be rejected because of missing documents.

That, or using the current fee to visit your fiance(e) for instead so you have a new deadline.

[Big Bunny 1]

This is not the IRS. The IRS gives you an automatic extension also, so what?

The date they receive it AND accept it for processing. IF you made some error which causes it to be rejected, such as forget to include the payment or forget to sign a form, it does not "count"

Also, do not forget that an approved petition is NOT a visa, it is simply a basis to apply for a visa. Having not seen each other in two years is not good evidence of realtionship for the interview. But that is the next hurdle.

Thank you very much for your reply and answer. Is that fact, about when they "accept it for processing" being when they consider it "filed", listed on any government website or source that you could point to? Thank you, again.

[Big Bunny 1]

Go by the NOA1 date. The last responses I read weren't all the same. If you're on doubt, call USCIS however they aren't popular when it comes to giving advise.

If you're cutting it this close and you still want to file, I'd suggest filing the petition NOW and definitely getting and RFE for missing documents, as long as everything else is in there. If everything else is there, then rather risk an RFE than being denied. I have no idea if the NOA1 will be generated within that timeframe, if if the petition will be rejected because of missing documents.

That, or using the current fee to visit your fiance(e) for instead so you have a new deadline.

Thank you for replying. If I'm missing my fiancee's signed G-325A, and signed Letter of Intent, will they more likely send me an RFE to continue the case or likely just deny the whole thing? If anyone has an answer, I'd welcome hearing from you too. Thank you.

[baron555 934]

Hi Everyone,

The I-129f Instructions Form says that you may file this petition if you and your fiancee "have met in person within two years before your filing of this petition..."

My question is when is my petition considered filed? Is it when I mail it out (the postmark), or the date I wrote next to my signature on the I-129f form, or the date the USCIS receives it? Or some other date else? I can't find the answer and I've done quite a bit of searching.

I know with IRS, they say you must files your taxes by April 17, 2012, which means it must be postmarked on or before that date to be considered "filed".

I'm asking because next week Friday (in 7 days) will make 2 years since we've last seen each other in person, but I'm still waiting on signed documents from my fiancee (the beneficiary) which should arrive next Monday or Tuesday. I would then send out the finished packet immediately via overnight service.

I just want to be sure.

Thank you very much for any insight you can lend.

You are probably too late. I would either go see her again and then file....or send it with what you got and hope you only get a RFE and not a denial, with loss of payment.

You really are too late with all this.

[Big Bunny 1]

Just to give you all an update, in case it might help anyone.

Regarding my above post, I had FedEx'd the I-129f on Jan 17, 2012 and it got there on Jan 19. On my NOA1, it said receipt date was Jan 22. But it was never an issue for us and we eventually got the K-1 Visa issued to us. Hope this will encourage someone who may need it.

Take care and God Bless!