Not met within 2 years, should we cancel or push the application?

[Piscean 0]

We didn't met within two years prior the application because my fiance cannot come back in the my country because he waited for his Certificate of Citizenship then. We last met prior the application July 18 '06, 5days late on the required 'w/in 2 yrs, 7/23/06-7/23/08'.

We are together for almost 10yrs, we have a child and we can prove our established relationship. So we apply instead.

If they denied the application for not meeting that requirements, what will happen next? Should we reappeal our case or cancel them and file a new one since we last met Sept '08. By that time we meet the requirements of meeting in person within 2yrs. If ever, how will the first denied application affect the 2nd application if we apply again?

[john_and_marlene 162]

We didn't met within two years prior the application because my fiance cannot come back in the my country because he waited for his Certificate of Citizenship then. We last met prior the application July 18 '06, 5days late on the required 'w/in 2 yrs, 7/23/06-7/23/08'.

We are together for almost 10yrs, we have a child and we can prove our established relationship. So we apply instead.

If they denied the application for not meeting that requirements, what will happen next? Should we reappeal our case or cancel them and file a new one since we last met Sept '08. By that time we meet the requirements of meeting in person within 2yrs. If ever, how will the first denied application affect the 2nd application if we apply again?

The requirement is absolute. If you had not met in person in the 2 years prior to submitting the petition, it will be denied. It does not matter that you met again after filing the petition. You must file a new petition.

[Hell0W0rld 10]

one of the requirements for the k-1 visa is you meet within the last 2 years, if you didn't meet within the last two years, don't waste your time and $455 fee....

[tallcoolone 102]

Your other post said your pregnant by your fiance.

How is this?

[john_and_marlene 162]

Your other post said your pregnant by your fiance.

How is this?

Read carefully: "Should we reappeal our case or cancel them and file a new one since we last met Sept '08. " They met in person again after they submitted the petition.

[Otto 83]

If they denied the application for not meeting that requirements, what will happen next? Should we reappeal our case or cancel them and file a new one since we last met Sept '08. By that time we meet the requirements of meeting in person within 2yrs. If ever, how will the first denied application affect the 2nd application if we apply again?

If (or when) the petition is denied/rejected - you'll lose the fee and have to start over (there is no 'push' or appeal process for this).

If you do (get denied/rejected and) file another petition - you should have better success since you've actually met one of the basic requirements (assuming you submit evidence of the meeting).

[Piscean 0]

Thank you! Which is better, wait for our case to be rejected or send a cancellation letter to USCIS before we apply again?

By the way like I said I'm pregnant and if we filed before i gave birth, is my baby eligible for K2 visa since the baby's name won't be included yet on the application?

[john_and_marlene 162]

Thank you! Which is better, wait for our case to be rejected or send a cancellation letter to USCIS before we apply again?

By the way like I said I'm pregnant and if we filed before i gave birth, is my baby eligible for K2 visa since the baby's name won't be included yet on the application?

Your baby is not eligible for K2 because they don't give visas to those that qualify for a U.S. passport.

[dbbri 0]

I replied to your other post about how to handle your child and submit a CRBA. I would say that you need to re-apply.

Edited January 9, 2009 by dbbri