K1 Visa - Missed the two year deadline by 5 days?

[Dwayne73 0]

I meet every requirement they wanted. Everything from passport pictures to "intent to marry" statements. Then I noticed one thing that i didn't see before. I missed the requirement of filing with in two years after meeting by 5 days! ...... FIVE DAYS!

Now my question is how much will this matter. July 9th 2009 was the last time we where together and July 14th 2011 was when the processing began. So do I need to sweat this out or can I sleep easy tonight?

[JJ and Patty 9]

Do you already have noa1?

[Dwayne73 0]

Do you already have noa1?

I do have a "Notice of Action Form I-797C (Receipt Notice)" But that's all I have.

[JJ and Patty 9]

If you haven't gotten an RFE or your petition returned then I feel it would be safe to say your case is still being reviewed

[Dwayne73 0]

Awesome - thank you.

I feel a little better about it. I just don't see them making a big stink about 5 days. I served this country for 14 years in the army. They could cut me a little slack

[GandK 168]

Unfortunately NOA1 only means they have received your petition and taken your money. They are very fast at that, taking your money..

When he said your case is being reviewed, it means it's lying in a file box somewhere collecting dust. No one will look at it until 4-5 months later. At that point, you will either get a RFE or case decision.

The only time they return your petition right away when the check is wrong amount or they have problem cashing it.

Good luck

Edited January 21, 2012 by GandK

[David & Yulya 7]

The government doesn't cut anyone any slack. You'll probably get a RFE to ask for a waiver. It'll add a few weeks to your wait, but that's all.

[JJ and Patty 9]

If you haven't heard anything yet I would check USCIS site for your case status, if it doesn't say anything then you can always try calling the number on your I-797C. Hope this helps some. Thank you for your service to the country. Uncle Sam still owns me hahahaha

The government doesn't cut anyone any slack. You'll probably get a RFE to ask for a waiver. It'll add a few weeks to your wait, but that's all.

He's already 6 months in processing. You would think if they were going to give him an RFE for that it would have already happened right?

[Dwayne73 0]

The government doesn't cut anyone any slack. You'll probably get a RFE to ask for a waiver. It'll add a few weeks to your wait, but that's all.

Its good to know that this could easily be fix with just doing a waver. If that's the worst that can happen Then I will be content with that.

[GandK 168]

If you haven't heard anything yet I would check USCIS site for your case status, if it doesn't say anything then you can always try calling the number on your I-797C. Hope this helps some. Thank you for your service to the country. Uncle Sam still owns me hahahaha

He's already 6 months in processing. You would think if they were going to give him an RFE for that it would have already happened right?

If his case is at CSC, there is a good chance that his application has not been "touched".

To OP

log in this site https://egov.uscis.gov/cris/Dashboard.do

you can check your case status on that site and see the date it was last "touched" (updated)

[Dwayne73 0]

If you haven't heard anything yet I would check USCIS site for your case status, if it doesn't say anything then you can always try calling the number on your I-797C. Hope this helps some. Thank you for your service to the country. Uncle Sam still owns me hahahaha

He's already 6 months in processing. You would think if they were going to give him an RFE for that it would have already happened right?

Yes I've done my waiting - This was filed back in July.

[Penguin_ie 5,999]

Its good to know that this could easily be fix with just doing a waver. If that's the worst that can happen Then I will be content with that.

I am sorry to bring negative info but it can NOT be easily fixed with a waiver. The 2 year requirement is very strict, and we have had people here denied for being 2 days over from NOA1 date, when they sent it in earlier. A waiver takes a long time to adjudicate, time you will loose. So if you do get the RFE for meeting within 2 years, I strongly suggest you withdraw the petition, go meet, and file again. This will also go towards bonafide relationship.

Is the 14th July the day you sent the petition? If so, your NOA is probably even later than than that.

Edited January 21, 2012 by Penguin_ie

[pepper 34]

I totally agree with Penguin. I'm sorry to be the bearer of bad news too. Prepare for the worse. USCIS is strict on enforcing this rule.

Section 214(d) of the Immigration and Nationality Act, states, in pertinent part, that a fiance visa petition, "shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within two years before the date of filing the petition. . ."

Further, 8 CFR 214.2(k)(2) states that the meeting requirement may be waived if it would result in extreme hardship to the petitioner or if it would violate customs of the beneficiary's foreign culture providing that all other aspects of that foreign culture have been followed.

The Administrative Appeals Office(AAO) who adjudicates appeals, adheres strictly to immigration laws. You should prove extreme hardship to secure a waiver of the 2yr meeting requirement. Go visit her and refile again that's your best option. Goodluck!

[Harpa Timsah 13,259]

The petition will be denied.

[skiptex 225]

Why so long between visit and filing?