application denied, we met after we lodged the application

[Penguin_ie 5,992]

i freaking MET this person 3 weeks before i lodged the application and we were talking on the internet for 6 months... all the best and chillout.

I thought you met them AFTER you lodged the application? That is what your topic title says and what most of our replies were based on.

Edited February 11, 2012 by Penguin_ie

[pushbrk 12,599]

thanks for your reply.

so if i apply again and i get the expedite application approved with all the evidence. am i still eligible to get a decision within 15 days?

Nothing was applied for. A petition was denied. It was correctly denied because the petition was filed before you met in person. Since you have now met in person, the US citizen can file a new petition. Whether an expedite will be granted will depend on the circumstances and justification at the time it is requested.

You failed to inform yourselves of the most basic requirements for starting a fiance visa process. Before filing again, decide whether you are willing to carefully study the guides here and the instructions that come with the forms. If you are not willing to and capable of doing so, I suggest you hire professional assistance.

[sonicgihad 4]

OP disclosed that the expedited request was due to illness, not sure if it was the petitioneror or the OP that is ill. Anyway, if it's the petitioner, that could qualify as an exception to the "having to have met in person in the last 2 years prior to petition" requirement. Or even if it's the OP who is able to travel, depending on the details of the circumstances that delayed the meeting due to illness, it could qualify as an excempt too i would think.

[Boiler 44,927]

I am now officially lost, you stated one thing and are now saying the exact opposite.

Might be an idea to list all the dates.

[robert ham 0]

I am now officially lost, you stated one thing and are now saying the exact opposite.

Might be an idea to list all the dates.

ok sorry for the confusion. my mistake it was typing error.

...........................

i filled the application 3 Weeks BEFORE the meeting in US

............................

so the reasons for denying the application is 100% right...we never met on person before we filled the application.

ok i want to add some notes in here when we lodge the application they asked did you guys meet we said no and we stated the reasons, but we still got the denial. i can understand that the officer is not convinced so case closed.

but what happened now is totally confusing !

We reopened this I129F PETITION FOR FIANCE(E) on February 9, 2012, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service enter at 1-800-375-5283.

we didn't ask for the case to be reopened or appeal. i can only think about the second RFE we sent because uscis stated that they lost our first copy and they asked to send it back again.

specific dates:

on January 29 uscis received our new evidence. 31 of January we got a letter from the centre apologizing for losing the old evidences and informing us that they are reviewing the new evidences.

on the 6th of February we received a letter stating we were denied for not meeting before lodging the application.

February 9th case reopened by uscis without us requesting so.

the problem that we want to file for new application but we cant do so now coz our old case is not closed.

am wondering about the reconsider the old case.

is this because we sent the new copy and they got mixed up that maybe we got a proof that we met before? or they took into consideration the reasons why we didn't meet ?

i called uscis they said we are denied on the system but our case was reopened but they have no updates about it.

is this a sign for approval or just a admin mistake.

am lost and sorry for confusing alote of people in here

cheers,

[Penguin_ie 5,992]

Probably just an admin mistake. Even if your case gets processed further, it would be denied at interview because of the meeting requirement, so if they are re-surrecting it, you'd probably be better off canceling it and re-filing.

[VanessaTony 3,567]

Probably just an admin mistake. Even if your case gets processed further, it would be denied at interview because of the meeting requirement, so if they are re-surrecting it, you'd probably be better off canceling it and re-filing.

Not necessarily. I wonder if it's been brought back because of the reasons for the expedite? Like waiver of the meeting requirement thrown in there as well?

[robert ham 0]

Not necessarily. I wonder if it's been brought back because of the reasons for the expedite? Like waiver of the meeting requirement thrown in there as well?

we received this with the denial letter.

(2) Requirement that petitioner and K-1 beneficiary have met . The petitioner shall establish to the satisfaction of the director that the petitioner and K-1 beneficiary have met in person within the two years immediately preceding the filing of the petition. As a matter of discretion, the director may exempt the petitioner from this requirement only if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day. In addition to establishing that the required meeting would be a violation of custom or practice, the petitioner must also establish that any and all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice. Failure to establish that the petition er and K-1 beneficiary have met within the required period or that compliance with the requirement should be waived shall result in the denial of the petition. Such denial shall be without prejudice to the filing of a new petition once the petitioner and K-1 beneficiary have met in person. (Amended 8/14/01; 66 FR 42587 )

I did the bold font pointing how the requirements can be waived

and the letter we received apologizing for the losing the papers and they are reviewing the new copy and its signed personally(not a copy) by the Director of vermont center.(maybe because of the delay of an expedited application)

am not trying to make excuses for my self in here. i want to file a new application and its ready in hand.

thanks

[robert ham 0]

Probably just an admin mistake. Even if your case gets processed further, it would be denied at interview because of the meeting requirement, so if they are re-surrecting it, you'd probably be better off canceling it and re-filing.

Hi, the confusion is you can't cancel it coz the 2nd tier officers can see that the application is denied but was reopened by uscis and specially when they keep telling you call back tomorrow or after one week.

by the way the officer told wel i cant advise you either if you should apply for new application or not Hahaha coz your case was reopened

thanks for your help

[pushbrk 12,599]

we received this with the denial letter.

(2) Requirement that petitioner and K-1 beneficiary have met . The petitioner shall establish to the satisfaction of the director that the petitioner and K-1 beneficiary have met in person within the two years immediately preceding the filing of the petition. As a matter of discretion, the director may exempt the petitioner from this requirement only if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day. In addition to establishing that the required meeting would be a violation of custom or practice, the petitioner must also establish that any and all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice. Failure to establish that the petition er and K-1 beneficiary have met within the required period or that compliance with the requirement should be waived shall result in the denial of the petition. Such denial shall be without prejudice to the filing of a new petition once the petitioner and K-1 beneficiary have met in person. (Amended 8/14/01; 66 FR 42587 )

I did the bold font pointing how the requirements can be waived

and the letter we received apologizing for the losing the papers and they are reviewing the new copy and its signed personally(not a copy) by the Director of vermont center.(maybe because of the delay of an expedited application)

am not trying to make excuses for my self in here. i want to file a new application and its ready in hand.

thanks

First, again, you filed a petition, not an application. Second, it is extremely rare that an exception is made to the meeting requirement. Since you obviously COULD meet and DID meet three weeks after filing the petition, IMO, there's ZERO chance this requirement would be waived.

If you want to speed things up, send a letter to "WITHDRAW" your first petition on top of the package when you file the second one. Then, if your expedite request is found acceptable, you'll be on your way. If not, you'll be on your way slowly, like everybody else but you will be in the queue instead of waiting to join it.

[Darnell 8,478]

yikes. the petition was denied, not the Visa.

The USCitizen Petitioner screwed up - I sense you've learned that, by now.

re: VWP - no issue, the PETITION was denied, not the Visa.

[dalatian 4]

First, again, you filed a petition, not an application. Second, it is extremely rare that an exception is made to the meeting requirement. Since you obviously COULD meet and DID meet three weeks after filing the petition, IMO, there's ZERO chance this requirement would be waived.

If you want to speed things up, send a letter to "WITHDRAW" your first petition on top of the package when you file the second one. Then, if your expedite request is found acceptable, you'll be on your way. If not, you'll be on your way slowly, like everybody else but you will be in the queue instead of waiting to join it.

Not necessarily true per the i-129F instructions as bolded by robert. It clearly stated that an exception might be granted under demonstrated extreme hardship to the petitioner. Robert has said that their expedite request was due to terminal illness. In this case, if the petitioner is the one with terminal illness, she might qualify for this exception and deservedly so. The beneficiary travelled to meet the petitioner in the US but that does not take away the fact that the petitioner was under extreme hardship to meet the beneficiary. The case might have been re-opened due to this clause as shown by the i-129F instructions

Edited February 13, 2012 by dalatian

[pushbrk 12,599]

Not necessarily true per the i-129F instructions as bolded by robert. It clearly stated that an exception might be granted under demonstrated extreme hardship to the petitioner. Robert has said that their expedite request was due to terminal illness. In this case, if the petitioner is the one with terminal illness, she might qualify for this exception and deservedly so. The beneficiary travelled to meet the petitioner in the US but that does not take away the fact that the petitioner was under extreme hardship to meet the beneficiary. The case might have been re-opened due to this clause as shown by the i-129F instructions

It's possible, yes. However, now that they have met, it may well be better to file a new petition anyway. Unless they can get a definitive answer on whether the meeting requirement has been waived, within this week, it will be probably be faster to start over with a new petition and well documented request for expedite.

[skiptex 225]

does the Petitioner have the illness..

and who traveled to see who!?

did i miss that part ?

[pushbrk 12,599]

does the Petitioner have the illness..

and who traveled to see who!?

did i miss that part ?

I never saw that explained. However, while it is probably not relevant to the waiver of meeting issue, it may well be to the expedite question. Many more factors to consider on that score though. It's very difficult to advise in this situation because there's no way to predict how quickly USCIS will act.

However, it is fairly predictable how they'll deal with a withdrawal letter filed with a new petition.

Edited February 13, 2012 by pushbrk