can we reapply for our I-129F?

[jooj99 0]

hello guys! i would just like to know if in case an I-129F was denied due to "not filing within the 2 year period of last meeting"( e.g., Jan'07-last met, feb'09-filed for I-129F), can the I-129F be reapplied after notice of denial was received?.. are there any requirements/rules/procedures on how to reapply an I-129F for the same beneficiary?

please enlighten me on this one..

thanks!

[sara..... 371]

hello guys! i would just like to know if in case an I-129F was denied due to "not filing within the 2 year period of last meeting"( e.g., Jan'07-last met, feb'09-filed for I-129F), can the I-129F be reapplied after notice of denial was received?.. are there any requirements/rules/procedures on how to reapply an I-129F for the same beneficiary?

please enlighten me on this one..

thanks!

as far as i know as long as u have corrected the problem of not seeing each other u can again apply

good luck

sara

[jooj99 0]

hello guys! i would just like to know if in case an I-129F was denied due to "not filing within the 2 year period of last meeting"( e.g., Jan'07-last met, feb'09-filed for I-129F), can the I-129F be reapplied after notice of denial was received?.. are there any requirements/rules/procedures on how to reapply an I-129F for the same beneficiary?

please enlighten me on this one..

thanks!

as far as i know as long as u have corrected the problem of not seeing each other u can again apply

good luck

sara

so no timeframes required like for example wait for 3 months or worst a year before we can reapply again? or can we just reapply a month after receipt of decision made by the USCIS?

btw, thanks estadia for the quick reply..

[sara..... 371]

hello guys! i would just like to know if in case an I-129F was denied due to "not filing within the 2 year period of last meeting"( e.g., Jan'07-last met, feb'09-filed for I-129F), can the I-129F be reapplied after notice of denial was received?.. are there any requirements/rules/procedures on how to reapply an I-129F for the same beneficiary?

please enlighten me on this one..

thanks!

as far as i know as long as u have corrected the problem of not seeing each other u can again apply

good luck

sara

so no timeframes required like for example wait for 3 months or worst a year before we can reapply again? or can we just reapply a month after receipt of decision made by the USCIS?

btw, thanks estadia for the quick reply..

as far as i know u only have to correct what the problem was but to be very honest with u during the time ur waiting for ur noa2 and interview i would make a few trips to see ur s/o so that the issue of why it was denied the first time is not dragged out and found as reason to deny at the interview as them thinking u only went to see ur s/o one time after the denial so that u could pursue ur visa journey. as far as time frame i dont think there is one......but im sure if im wrong about that someone will come along with more knowledge and tell u

sara

[canadian_wife 1,818]

If your I-129F is denied because you do not meet the 2 year requirement, you need to meet the requirement BEFORE you and refile.

Good luck.

[pushbrk 12,824]

If your I-129F is denied because you do not meet the 2 year requirement, you need to meet the requirement BEFORE you and refile.

Good luck.

Right, if you now meet the requirement, you can file again. You can even withdraw the first petition and file again before the denial if you want.

[jooj99 0]

thanks for your replies.. it gave us hope again..

our only mistake in our application was filing it after the 2year period.. we took it that way, instead of filing it within the 2year period.. me and my fiance have known each other for a long time since we were classmates in highschool.. it is just that we've been waiting to be together for a long time.. and this whole process is just really frustating at times.. but then again it's good to know that we can reapply.

i still have one more question:

i will visit my fiance this May 2009 and we haven't received the decision yet from the USCIS..

if we received a decision by the end of May, would there be a problem if we reapply by June 2009? would it not raise a red flag during the process, like they might think that my fiance only visited me after the denial so that we could pursue our visa journey?

are the procedures for reapplying the same as those when you first apply for I-129F?

[canadian_wife 1,818]

If you did not meet the 2 year requirement when you filed then you will most certainly be denied. First they will send you an RFE for proof that you met in the last 2 years, which you cannot provide, then your case will be denied.

That takes time and since you are visiting in May, I would ask USCIS to cancel your petition and then file after you've visited your fiance. Then you can file as soon as your petition has been cancelled by USCIS.

Good luck.

[jooj99 0]

If you did not meet the 2 year requirement when you filed then you will most certainly be denied. First they will send you an RFE for proof that you met in the last 2 years, which you cannot provide, then your case will be denied.

That takes time and since you are visiting in May, I would ask USCIS to cancel your petition and then file after you've visited your fiance. Then you can file as soon as your petition has been cancelled by USCIS.

Good luck.

we've already received the RFE letter from USCIS.. and we are already preparing our response to it (like sending them letters,emails,chat logs subsequent to our last meeting) although we know that we have a slim chance of getting an approval but we are just taking a shot to it and wait for the decision before we reapply.. we're just hoping and praying that the decision won't take too long.. btw, how do you cancel a previous application? in our case, what should we put as a reason for cancellation?

[sara..... 371]

If you did not meet the 2 year requirement when you filed then you will most certainly be denied. First they will send you an RFE for proof that you met in the last 2 years, which you cannot provide, then your case will be denied.

That takes time and since you are visiting in May, I would ask USCIS to cancel your petition and then file after you've visited your fiance. Then you can file as soon as your petition has been cancelled by USCIS.

Good luck.

we've already received the RFE letter from USCIS.. and we are already preparing our response to it (like sending them letters,emails,chat logs subsequent to our last meeting) although we know that we have a slim chance of getting an approval but we are just taking a shot to it and wait for the decision before we reapply.. we're just hoping and praying that the decision won't take too long.. btw, how do you cancel a previous application? in our case, what should we put as a reason for cancellation?

from what i have seen u send a notarized statement that ur canceling the petition based on the fact that u did not recently meet with in the last two years..

when u reapply be sure and state u canceled the first petition because u had meet previously but not with in the last two years and that you have now corrected that issue

sara

[baron555 934]

[Why not just whip on over there, like tomorrow, get your passport stamped, take her out to dinner, do some photos and get back and submit those with the RFE?

[jooj99 0]

[Why not just whip on over there, like tomorrow, get your passport stamped, take her out to dinner, do some photos and get back and submit those with the RFE?

as much as we want it to be that easy we can't.. because i've read somewhere that the meeting requirement must be satisfied in the two-year period immediately before the I-129F is filed.. and facts which come into existence

subsequent to the filing or denial do not count.

what we're considering now is if it is ok to send a letter of cancellation as a response to the RFE? i wonder if that would be allowed..

[Hell0W0rld 10]

[Why not just whip on over there, like tomorrow, get your passport stamped, take her out to dinner, do some photos and get back and submit those with the RFE?

as much as we want it to be that easy we can't.. because i've read somewhere that the meeting requirement must be satisfied in the two-year period immediately before the I-129F is filed.. and facts which come into existence

subsequent to the filing or denial do not count.

what we're considering now is if it is ok to send a letter of cancellation as a response to the RFE? i wonder if that would be allowed..

sure, write a letter to USCIS and let them know you want to withdraw from filing the petition.

[KimandRuss 0]

You must have met in person within the two years previous to filing. You can't simply pop over there now and resond to an RFE with proof of having met.

If I were you, I would send a letter to USCIS cancelling your initial petition for failing to meet the requirement of having met in person. Be sure to state this in your letter so there is no confusion when you do meet again and re-file. You will need to send another packet, including another $455 fee.

good luck!

[jooj99 0]

here's my timeline:

nov 2006 - last met

12/30/08 - I-129F was received by VSC

01/02/09 - NOA1

4/13/09 -RFE requesting initial evidence that we met between Dec 30, 2006-Dec 30, 2008..(which we cannot provide)

..before the RFE was sent to us, I already booked a flight to visit my fiancee this May.. there are two things that i'm considering now:

1. if we send a letter of cancellation as a response to the RFE, should we wait for the notice from the USCIS that our petition was already cancelled before we can send our new application? or can we reapply eventhough we didn't receive a notice that our 1st application was cancelled? how long will the notice of cancellation be sent to us?

2. or should we just wait for their decision to deny it and then reapply? how long before they'll send us the notice to deny?

we are choosing between the two whichever is shorter in timeframe before we can reapply..

thanks again..