within 2 yrs question..plz help

[Dreams24 3]

i met my finace on dec 16th 2009, and i filed my i129f on dec 12th(i mailed that day)..n it says that we have to prove to that we have met before withing 2 years..but my date is almost close to 2 yrs..would tht be a problem for us??? (in my passport, the stamp says tht i returned in usa on dec.20th 2009.)

[Penguin_ie 5,993]

IT;s close, but you are within the two years, so you should be ok for petition approval. However, for the interview, it may be a different story, as they want to see a bonafide relationship- have evidence ready s to why you only met once, and not again in the last two years. Preferably, go to visit at least once during the visa process.

[Dreams24 3]

thank u so much for the info..

however my reasons are not that important..i mean it just all came at same..for example my mom was having cancer treatment all last yr n i had to go with her at the hospital every single week because i m the only one who communicate in english with doctor..my dad knows so little english...also at same time i was in nursing program..couldn't get any time..so if i get these evidence would tht be ok?? or the won;t take it as real?

[Gary and Alla 3,694]

IT;s close, but you are within the two years, so you should be ok for petition approval. However, for the interview, it may be a different story, as they want to see a bonafide relationship- have evidence ready s to why you only met once, and not again in the last two years. Preferably, go to visit at least once during the visa process.

I may be wrong, so if someone knows, correct me. The date you SEND the document is not important, the date they receive it and accept it for processing is the date that "counts" It must be within 2 years of the NOA1 date.

[Gary and Alla 3,694]

thank u so much for the info..

however my reasons are not that important..i mean it just all came at same..for example my mom was having cancer treatment all last yr n i had to go with her at the hospital every single week because i m the only one who communicate in english with doctor..my dad knows so little english...also at same time i was in nursing program..couldn't get any time..so if i get these evidence would tht be ok?? or the won;t take it as real?

You would be using those reasons to appeal a denial. A denial would take months and months to receive, then you would have to appeal it which would take longer than just making a visit and filing a new petition. Had the evidence been included along with a waiver request WITH the petition then it may prevent a problem. Trying to "fix" a problem with USCIS is far more difficult than just starting over.

Your petition will be accepted for processing. IF the evidence you sent is not within the two years they consider (NOA1 date) they will send an RFE for evidence that you have met since, but this will be many months down the road. Then you will reply to the RFE that you have no further evidence and some weeks later you will get a denial. By this time 8 months or more have passed.

Then you can file an appeal using your evidence and that can take many more months to decide if you AND e both had a hardship that prevented you from meeting (you do not have to go to his country to meet in person, the meeting can be anywhere) Was he denied a tourist visa? was there any documented attempt to visit?

If they consider the postmark date, then you have no problem but I do not think this is correct.

You also have the problem that a petition is not a visa and even if the petition is approved, you now have to receive a visa from a very difficult consulate. You can ask people with experience with the consulate in India what has been their experience

[Penguin_ie 5,993]

I may be wrong, so if someone knows, correct me. The date you SEND the document is not important, the date they receive it and accept it for processing is the date that "counts" It must be within 2 years of the NOA1 date.

Yes, I am pretty sure you are right.

[Rufus2012 175]

NOA1 tends to come quickly, after all, it's about getting your money. If you sent it overnight, and signed up for text/email notification, you should know fairly quickly.

Edited December 19, 2011 by WaitingInSeattle

[gretchen_darren 67]

I hope all works out for you. I hope you have logs of chat, bills showing phone calls, emails, etc. You will need to show an on-going relationship. Plus evidence of family meetings, photos, etc. You are just under the requirements for 2 years. But given the length of time, I would highly recommend going back for a visit now. If you cannot go back for a visit now, I would recommend being at the embassy interview with documents of the hospital bills, letters from the doctors about your mom's treatments, etc. Evidence to show the hardship and why not done sooner. I sincerely hope all goes well for you. Just make sure to have built a case with much evidence. Be ready for RFE just in case, and definitely make sure to be ready for the CO at the Embassy. I wish you the best and hopefully a very very smooth process.

[Penguin_ie 5,993]

**** one personal attack removed ****

[Tim/Mav 305]

**** one personal attack removed ****

NO. It was not a Personal Attack. It was advice for the OP to extend the Petition. Moderators throw in Personal Feelings and don't relate to the Facts. So your Approved and on a High Horse. Not all of us are in the same Position. It was a mistake for VJ to make some people Moderators. So, Let members know. Repost my comment but, that you will not do.

[Tim/Mav 305]

There are ways to extend the Petition. I would ask this Moderator for advice. Advice was blocked and therefore you can't read and make your own decisions about options. I'm willing to bet the Moderator don't even remember what she blocked. Attack Me is What You Did! This Moderator says she (Brags) she never worked and is going to TELL US..

[belinda63 3,031]

Extending the petition won't do any good if it is determined they did not meet the two year requirement. It must be met at the time the petition is filed or the petition will be denied. Certainly if he meets with her again that will count as having met within two years for a new petition.

Either way, if this petition is accepted or not, the OP really, really needs to have another meeting with his fiance, if not for filing a new petition then for the visa interview.

[Penguin_ie 5,993]

If you disagree with a moderator's decision, you can contact Captain Ewok via the "Contact Us" link at the bottom of every page, or report the post so other moderators can look at it. FYI, removed posts remain visible to moderators.

[Penguin_ie 5,993]

**** Relevant parts of removed post returned below ***

I hope you sent Delivery Confirmation. Then you stand a good chance. The Postal Office will confirm your SENT Date and the Passport will help establish you departure date. However, that does'nt mean you were with your Finacee at that time.

Sending this on Christmas and New Years.

I would IMMEDIATELY Send her Visa Fee to "LOCK-IN YOUR PETITION" Most Countries: Good for one year without asking for a extention. The Medical is generally good for 6 months. Wish you good luck and best.

[Tim/Mav 305]

Extending the petition won't do any good if it is determined they did not meet the two year requirement. It must be met at the time the petition is filed or the petition will be denied. Certainly if he meets with her again that will count as having met within two years for a new petition.

Either way, if this petition is accepted or not, the OP really, really needs to have another meeting with his fiance, if not for filing a new petition then for the visa interview.

Agreed ! My previous post indicated (That was blocked pertained to this) .