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

[canadian_wife 1,829]

Not to mention the questions at the interview of why you went 2 years without seing the one you love. Isn't that excessive?

The petition will be denied likely, just because no RFE yet doesn't mean there wont' be one, it just means someone hasn't look at the case yet

Good luck

[zapatosfeos 17]

Not to mention the questions at the interview of why you went 2 years without seing the one you love. Isn't that excessive?

With all dude respect, that is not for us to judge. Whatever their reasons are for being seperated 2 years, as VJers we should offer compassion with our advice. I was lucky to have seen my Fiance last year twice, but before that it had been about 6 years. We have been together since we were about 18 (we are 35 now) mostly for fiancial reasons we saw each other every other year.

Dwwayne- Sorry I have no advice for you, I read posts to learn as much as I can . But I can offer you encouragement. Good luck with your journey !!!

OK back to what I was doing

[Tim/Mav 305]

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.

OH #######! I'm going to have to ask a Simular Question about this Thread. But since my question is slightly different I will ask Under "Philippines Forum" so that I don't split Threads.

If I'm reading this Post correctly, you waited to File After 2 Years of Physically Meeting. (Even by 5 Days) Thats a RED LIGHT. (Red means: STOP) I will be asking for some simular advice from Members soon myself on a different Thread.

I agree with the above post if I'm Understanding that you did'nt File after the 2 year Deadline.

My thinking is: I left September 1st 2010 and that was the last time I physically seen her. So I assume I must have everything completed before September 1st 2012.

Edited January 21, 2012 by Tim/Mav

[canadian_wife 1,829]

With all dude respect, that is not for us to judge. Whatever their reasons are for being seperated 2 years, as VJers we should offer compassion with our advice. I was lucky to have seen my Fiance last year twice, but before that it had been about 6 years. We have been together since we were about 18 (we are 35 now) mostly for fiancial reasons we saw each other every other year.

Judging? Isn't it best to prepare the OP for what will be inevitable? I recently saw a couple from Australia put in AP for not seeing each other in a year. The OP is 2 years and doesn't meet the filing requirement anyway.

[Penguin_ie 5,999]

My thinking is: I left September 1st 2010 and that was the last time I physically seen her. So I assume I must have everything completed before September 1st 2012.

No- you need to FILE within 2 years. You already filed, so you are fine.

[Tim/Mav 305]

No- you need to FILE within 2 years. You already filed, so you are fine.

OK Doll. I won't start a new Thread since it might even help the OP to Understand. I thought everything VISA in Hand had to be done before September 1st 2012. (Since that was the last time I seen her) I did'nt File until December 2010 and NOA1 Approved.

My thinking was September 1st 2012 or start all over again. I sent Mav's Visa Fee and she has the money already in the bank I sent for her Medical, but I told her to wait until I get a Job. See Timeline......

I DON"T KNOW HOW MUCH TIME I HAVE AND TERRIFIED. And I have an Attorney but thats a waste of time.

My Last years 3 years Tax returns are above Requirements barely. Unemployment is not a good thing to send Mav's to an Interview with. I feel the Philippines will reject any Petition without a job and also even if the minium requirements are met, they will want to see a Income MORE THAN USCIS Standards of $18,500.00 (Approx) I Don't know. They are strick.

I had Mav pay the Visa Fee because its Locked in for a Year. The Medical is good for 6 months.

Edited January 21, 2012 by Tim/Mav

[GandK 168]

Judging? Isn't it best to prepare the OP for what will be inevitable? I recently saw a couple from Australia put in AP for not seeing each other in a year. The OP is 2 years and doesn't meet the filing requirement anyway.

I agree, the general tone in VJ here is very friendly and encouraging which is great but sometimes it can be misleading. Sometimes critics input is necessary. You don't want to lead people to believe that the road to immigrant visa is a walk in the park but rather prepare them for the worst case scenarios. The immigration officer will not be looking at an immigration case with friendly eyes and they don't make friendly assumptions like we do.

Hope for the best scenario but prepare for the worst scenario.

[LSnBigBear 61]

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!

Could he go visit her now and submit evidence that he went to visit her? I know it is not like driving accross town but would this help?

[Tim/Mav 305]

Could he go visit her now and submit evidence that he went to visit her? I know it is not like driving accross town but would this help?

No, I don't think so.

[Harpa Timsah 13,259]

Could he go visit her now and submit evidence that he went to visit her? I know it is not like driving accross town but would this help?

No, he must qualify at the time he sent the petition. He doesn't. It will be denied. OP - I'd go visit your fiance now and file a new petition once you meet. There is no point in waiting for the inevitable denial.

[Dwayne73 0]

Thank you all for the advice. From reading it seems there's a good chance that this will be declined. If this ends up being the case I'll go see her for sure. So of you wondered why I waited so long. Its because she wanted to finish college first and I wanted to be out of the army completely before I filed.(and the fact that I don't have $1,200 laying around to fly to the Philippines) Thank you all. I'll be sure to keep this updated with what happened.

Edited January 21, 2012 by Dwayne73

[Justine+David 218]

Yes, it will be denied. I would recommend that you go see her ASAP so that you can re-file. Unfortunately, you will have to start all over again..

[Sapphire Moon 25]

Not to mention the questions at the interview of why you went 2 years without seing the one you love. Isn't that excessive?

Unfortunately it is not a reality for all petitioners to go visit the beneficiary as much as they would like. In my case, finances kept me from hopping a plane and heading to Africa every time I missed him.

Though in my case (unlike the OP) I did file my petition within the two years of our meeting. But I couldn't afford to visit again until this year, so when I go this summer it will be my second visit since summer of 2010. But it doesnt mean our relationship is not bonafide because of every other year visits!

[Sapphire Moon 25]

Thank you all for the advice. From reading it seems there's a good chance that this will be declined. If this ends up being the case I'll go see her for sure. So of you wondered why I waited so long. Its because she wanted to finish college first and I wanted to be out of the army completely before I filed.(and the fact that I don't have $1,200 laying around to fly to the Philippines) Thank you all. I'll be sure to keep this updated with what happened.

That is also my point, a ticket to Ghana can be anywhere from $1300-$2000+ So I am definitely not judging why you couldn't see her in two years! Because I dont know too many people who would have that kind of money just laying around!

Good luck to you!

[canadian_wife 1,829]

Unfortunately it is not a reality for all petitioners to go visit the beneficiary as much as they would like. In my case, finances kept me from hopping a plane and heading to Africa every time I missed him.

Don't get me wrong, I am very lucky to have been from Canada which allowed frequent visits during this process. But 2 years is a long time and is actually one of the requirements. While finances and distance always play a factor, it is essential that the 2 year requirement be met, I thought this would have been a priority becuase not only has the OP lost his filing fee but another trip BEFORE he can refile must happen

Good luck