Denied. Need some advice so that we can finalized our decision.

[GreenGem 58]

Hello Everyone,

First and foremost this is to seek advice from anyone who has knowledge with the process or as long as you know something that will be helpful. Thank you!

Here is our brief story.

My fiance, my longtime boyfriend is also a Filipino but he's a USC now. We have two children who are currently with me.

He filed I-130 for our children and filed I-129f (K!) for me. I got denied today. We haven't receive the mail that explains why we got denied but I think it is the two year requirement for we receive an RFE about it and proved extreme hardship. The hardship was because he got on an on-probation status at work for 1 year and he filed for his Naturalization. The last time we saw each other was June 2010 and He filed my petition on February 24, 2014.

We'll maybe most of you will advise that he gets here with me and we refile but I am a bit skeptic because my children will have their interview on July 15 and they can have their visa already. My fiance plans that when he comes here he will get our children and will fly back there then refile. I don't want to be separated from my children on a who knows how long until I get a visa.

Any advise on what else we can pursue?

And how long is the validity of a IR2 Visa? 6 months or a Year?

Any response will be appreciated. Thank you very much.

[apple21 953]

Visa is valid within 6 months from the date of the medical.

IR1 petition can take more or less a year.

[phd1974 17]

after he visits you, he can refile for K-1 and make sure he keeps boarding passes, some receipts, etc. and take recent photos of being together ... as many as you can. Luckily, it looks like the California Service Center will get your file again so it shouldn't be too long, but my guess is that the children would have to leave before you get the chance to.

I have faith in your boyfriend that he can take care of the kids while you are away

[Heather&Ramy 22]

That's too bad... you might ask your boyfriend to contact his Senator and Representative offices by phone before you decide what to do. Explain the situation to them. Your excuse of "extreme hardship" sounds valid to me... but maybe the government representative can get more information from the USCIS as far as why you were denyed and if there is anything else you can do at this point besides refile.

What evidence did you send in to show the hardship? Perhaps the evidence wasn't official enough? And did you send in a lot of evidence that despite being geographically separated, you were in consistent contact and had a healthy relationship during that whole period? (Skype records, phone records, chat, email, letters, etc.

I wouldn't want to be separated from my children either... That in itself sounds like evidence of hardship! Children need their mothers. (And fathers.)

I strongly encourage you to get your USC boyfriend to call his representatives and demand some answers!! I don't know how good his English is, but he could always enlist a friend to help him make the calls, too... just because you deserve some concrete information about the denial before you decide what else to do.