Visiting after NOA1, not within the two years requirement

[Eliezer y Wendy 13]

Again, I'm not sure how to properly file a waiver. What I did was a letter explaining my situation and why I didn't file or travel within two years after she had to leave. Is this letter I added to the package sent with the I-129f considered a waiver, os is there an actual form for this waiver.

Thanks and sorry for the confusion.

[KayDeeCee 4,892]

I suppose your letter could be considered your waiver, so my apologies to dwheels76. I thought you only sought an expedite. The instructions state if you believe you qualify for an exception to the meeting requirement then you are to include evidence to support your claim. I still do not see how you had extreme hardship so could not be together in person before filing, but then you ended up going shortly after filing. But hey, it will be up to the USCIS, not us, and they do not even know you went ahead and took a trip to visit soon after filing, yet.

[Andy and Pui 16]

One question that is on my mind is since your fiance was in the US before did she have any period of unautherized stay here and did it go over 180 days or over a year? I do not think she has a ban but I thought it was a good idea to ask.

Edited September 1, 2013 by Andy and Pui

[Tim/Mav 305]

Again, I'm not sure how to properly file a waiver. What I did was a letter explaining my situation and why I didn't file or travel within two years after she had to leave. Is this letter I added to the package sent with the I-129f considered a waiver, os is there an actual form for this waiver.

Thanks and sorry for the confusion.

Lumpy Oatmeal drives me crazy. I do agree with the first responses. But, heres a link. You mentioned financial reasons and not heath matters. That will not work. The 2 year requirement is just what it is and rare to pass by. Re-File and save yourself alot of stress. You have proof you met that now.

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-10.html

[Eliezer y Wendy 13]

One question that is on my mind is since your fiance was in the US before did she have any period of unautherized stay here and did it go over 180 days or over a year? I do not think she has a ban but I thought it was a good idea to ask.

She had valid social security number and work permit. The work permit and driver license had to be renewed every year, for over 10 years of constant approvals of this permit. She left within 30 days after her last issued permit expired. Bought her own ticket, instead of being arrested and deported under the enforcement expenses.

She was brought by her parents when she was underage.

Thanks.

[baron555 934]

The child is NOT proof that they met in person.

Do some research on how this could be true.

[Mily90 8]

In short:

So I just came from visiting my fiance and left Christopher (our son) with her for some time with his mother. He was 6 months old the last time she held him before this visitation. He's now 3 years old and I reunited him with his mother last week. It was a very emotional event for us at the airport after so long of dealing against so many barriers for our family. I'd like to know if I should send the proof of this travel to the service center that is processing my case now. I kind of want to send it with a copy of my NOA1 and the transfer notice, even if some say it might not make it to my case's file.

With more details:

I'd to share some insights about our I-129F, and I'm open to any feed back. Even if you believe we wouldn't be approved. I trust God what's best for us more than what I trust the lawyers who gave me no hope on this case. I hope my case can be of help and reference to others. So...

We didn't meet within the two years prior the submission of the I-129F due to financial limitations, and me waiting to become a U.S. Citizen. I was a permanent resident when she had to buy her ticket to leave upon the request of the immigration services, and you know the I-129F is only for a U.S. petitioner. Financial limitation was primarily for me being a "single parent" raising our newborn. Lawyers and many other people said that I would be denied due to this requirement of meeting within 2 years, but I have a lot of faith in God that the adjudicator of my case will understand our situation and see that we are a real family with a strong relationship that keep fighting for our reunion. Basically, I've put God as my lawyer and sent the I-129F with a lot of prayers.

So I submitted the this I-129F as soon as I became a U.S. Citizen, just to get things moving while I could afford to travel with our son Christopher. I just went and spent a week with her and we had the best week on our lives since she had to leave. Would this visitation count positively to qualify us of meeting all requirements for the I-129F? I'd like to know how many think this case would be denied and how many think it might be approved. I was suggested to get married on this visitation and withdraw the I-129F to start a I-130 from scratch, but we had so much trust in God and we are so close to NOA2 that we decided to wait.

Anyway, I'm already considering on booking another flight to Guatemala on November. It will be either to go with her to go with her to the interview and come back with together with my son, or to go get married and submit a I-130 to keep the fight going. I trust God will do what's best for us. All I know is I won't give up to my family.

So... i just visited 3 months after NOA1. Should I send proof of this visitation to be added to my case at the office processing my case? I will because I trust in God. I'm hoping some one could learn from my case.

Thanks... Btw, she had a valid social security number and work permit. She left shortly after her last work authorization card expired and didn't qualify for another renewal.

I think you did meet the two year requirement. because you did have a child toghter who is now 3 years old i dont think it would be a problem. What better proof then that to keep you pettion.

[Eliezer y Wendy 13]

Oh yeah. I kept the petition. I'm still waiting on my approval on NOA2.

Thanks

[Penguin_ie 5,986]

I think you did meet the two year requirement. because you did have a child toghter who is now 3 years old i dont think it would be a problem. What better proof then that to keep you pettion.

The child is 3 years old. That is more than 2 years.....

[NigeriaorBust 4,087]

Your waiver will fail and you are wasting more time. You were able to travel immediately after you filed so you could have met before you filed. You are wasting more time. I don't understand why you insist on chasing a doomed petition when you can refile a approachable petition

[Mily90 8]

The child is 3 years old. That is more than 2 years.....

yeah but isnt the requirement to have met 2 years before the filled petion they did meet in 2007 as it says on his signature doesnt that count?

[NigeriaorBust 4,087]

yeah but isnt the requirement to have met 2 years before the filled petion they did meet in 2007 as it says on his signature doesnt that count?

The requirement is to prove that in the 24 months immediately prior to filing that the 2 of you have been physically in the same geo location at the same time. Anything before the 24 months doesn't count toward the requirement and anything after filing doesn't count toward the requirement.

Edited September 12, 2013 by NigeriaorBust

[KayDeeCee 4,892]

yeah but isnt the requirement to have met 2 years before the filled petion they did meet in 2007 as it says on his signature doesnt that count?

Within the 2 years prior to filing is the requirement. If a couple was together in person in 2007 and then filed the I-129F in 2013, then they do not meet the requirement, They missed it by 4 years. If someone just filed and their received date is tomorrow, Sept. 12, 2013, then they had to have been together in person at least once between Sept. 12, 2011 and Sept 12, 2013. It does not matter if they lived together in 2008, or had a child in 2010. If they were not together within the 2 years prior to filing, then they do not meet the requirement.

[Eliezer y Wendy 13]

I'm very glad I didn't withdraw this petition. WE JUST GOT APPROVED!! Yes!!! we made it through this step where no lawyers wanted even to take my money to give it a try. Just had God as my lawyer and surrender to his will.

We got RFE on October 24 asking for proof of meeting withing the two years, or explain why if we didn't. I explained why and the hardship I was while raisin our newborn with the limitation to find jobs. I also attached the letter in witch they approved the fee waiver for my Citizenship and some documents about my son being on speech therapy.

Soooo.... yes... Another "impossible" case was just APPROVED!! GOD ALMIGHTY APPROVED IT!!!!

Thank you.

Edited November 26, 2013 by Eliezer y Wendy

[F2aSonofLPR 15]

I'm very glad I didn't withdraw this petition. WE JUST GOT APPROVED!! Yes!!! we made it through this step where no lawyers wanted even to take my money to give it a try. Just had God as my lawyer and surrender to his will.

We got RFE on October 24 asking for proof of meeting withing the two years, or explain why if we didn't. I explained why and the hardship I was while raisin our newborn with the limitation to find jobs. I also attached the letter in witch they approved the fee waiver for my Citizenship and some documents about my son being on speech therapy.

Soooo.... yes... Another "impossible" case was just APPROVED!! GOD ALMIGHTY APPROVED IT!!!!

Thank you.

Wow, Congrats! Stay Positive.