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

[Sapphire Moon 25]

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

My case is different from the OP in that I did file my petition within the two years deadline. But in a sense it is similar because of the long awaited visits. My point wasn't about whether or not he should get denied (since he did file after the two year mark had already passed), My point was more on the fact of why he couldnt go see her, I can sympathize with him on that note.

But yes like you said, the OP will have to make another trip, lose his petition filing fee, and have to refile again after the visit. Its just sad because time and money is lost through all of this.

[canadian_wife 1,831]

My case is different from the OP in that I did file my petition within the two years deadline. But in a sense it is similar because of the long awaited visits. My point wasn't about whether or not he should get denied (since he did file after the two year mark had already passed), My point was more on the fact of why he couldnt go see her, I can sympathize with him on that note.

I understand, which is why my comments were not directed at you, but the OP. If the issue, in the OPs case, was time and money as to the reason he did not go to visit his fiance, well he's lost both now.

Good luck

[Robert&Karen 264]

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

I think being Army they'd expect you to follow directions!

[MochiKamo 93]

The K-1 visa has only two requirements:

1. The couple has met sometime in the last two years.

2. Both individuals are legally free to get married.

That's it. I understand that the issue here may be only 5 days, but that still violates the first requirement.

I would wager that this would cause the petition to be denied, and require the filing of a new petition.

[Gary and Alla 3,696]

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?

You will be sent an RFE for evidence that you have met within two years before filing the petition. You do not have it. Your petition will be denied. You do not meet the qualifications for an I-129f This process will take about 6 months. Then you start over

You can withdraw the petition now, go to visit your fiancee and file a new one and she may be here in 6 months. Your choice. Either way you lose $340 and you need another visit to your fiancee

[Gary and Alla 3,696]

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?

Not fot htis petition but for the next one he will need to file...yes. You MUST have met within 2 years of filing the petition. That before before filing.

The deadline is not 2 years and 5 days, 2 years and 10 days, or 2 years and 26 days. It is 2 years. It is not "two years unless you are a military veteran", it is 2 years. The date they go by is not the date it was put in the mail, it is the date on the NOA1.

[Gary and Alla 3,696]

I meet every requirement they wanted.

No. You don't.

You will be denied. It will take 6 months. Then you will need to file again after visiting your fiancee

[Gary and Alla 3,696]

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

They won't. If the fdate on the NOA1 is not less than 2 years since you last saw your fiancee you will be denied. The NOA1 is a reciept, it means your case has been received and entered into the system and nothing else. It is not a judgement of your qualifications in any way. That comes when it is adjudicated in about 5 months. They will see that you have not met within 5 years before the filing the petition. They will send you an RFE for evidence that you have. You do not have any.

You will respond with a letter stating you were in the army for 14 years and they should cut you some slack. A month later they will deny your petition. You can then start over IF you have visited your fiancee again.

Edited January 22, 2012 by Gary and Alla

[Gary and Alla 3,696]

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.

There is no waiver to request for ths requirement.

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.

The information is incorrect. There is no waiver for that requirement that you could qualify for.

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.

Not what he wanted to hear but exactly correct.