We didn't met in person 2 prior the filing but NOA2 approved! Happy, yet confused.

[Piscean 0]

Got the approved notice from USCIS. I'm so happy for the result that they approved my fiance's petition.

We almost cancel the petition because the lack of requirement 'not met within 2 years'. Thank God they approved it.

I dont know if they waived our case because when they sent us RFE asking for proof of meeting within 2 years prior the petition, we sent our son's picture and birth certificate instead. We also included the photocopies of all the pages of my fiance's passport for the purpose that we really have an on going relationship.

Should I be worried when I apply our visa?

Edited February 10, 2009 by Piscean

[Bobby+Umit 161]

Got the approved notice from USCIS. I'm so happy for the result that they approved my fiance's petition.

We almost cancel the petition because the lack of requirement 'not met within 2 years'. Thank God they approved it.

I dont know if they waived our case because when they sent us RFE asking for proof of meeting within 2 years prior the petition, we sent our son's picture and birth certificate instead. We also included the photocopies of all the pages of my fiance's passport for the purpose that we really have an on going relationship.

Should I be worried when I apply our visa?

Hard to say, perhaps they didn't look to closely at the date on the birth certificate and gave you a pass on the 2 year req.

Congrats.

(make sure you have plenty of ongoing evidence prior to the interview!)

[Chica Yeyé 41]

As far as I understand, you have to have met in person within 2 years. I would guess this might cause you trouble at the interview stage.

[Y's_habibitk 2]

If you have some explaination..either medical or religious, you can get around it. As far as I know, thats about it.

be prepared at the interview to show why you havent seen eachother in over 2 years.

Good Luck

[pushbrk 12,883]

Got the approved notice from USCIS. I'm so happy for the result that they approved my fiance's petition.

We almost cancel the petition because the lack of requirement 'not met within 2 years'. Thank God they approved it.

I dont know if they waived our case because when they sent us RFE asking for proof of meeting within 2 years prior the petition, we sent our son's picture and birth certificate instead. We also included the photocopies of all the pages of my fiance's passport for the purpose that we really have an on going relationship.

Should I be worried when I apply our visa?

How old is your son?

[Jasman0717 9]

You might get some flack at the embassy

[payxibka 10,045]

Got the approved notice from USCIS. I'm so happy for the result that they approved my fiance's petition.

We almost cancel the petition because the lack of requirement 'not met within 2 years'. Thank God they approved it.

I dont know if they waived our case because when they sent us RFE asking for proof of meeting within 2 years prior the petition, we sent our son's picture and birth certificate instead. We also included the photocopies of all the pages of my fiance's passport for the purpose that we really have an on going relationship.

Should I be worried when I apply our visa?

What information was contained in your fiance's passport to prove relationship? Entry/Exit stamps to the PI? If so, when were these "visits".

[Piscean 0]

Got the approved notice from USCIS. I'm so happy for the result that they approved my fiance's petition.

We almost cancel the petition because the lack of requirement 'not met within 2 years'. Thank God they approved it.

I dont know if they waived our case because when they sent us RFE asking for proof of meeting within 2 years prior the petition, we sent our son's picture and birth certificate instead. We also included the photocopies of all the pages of my fiance's passport for the purpose that we really have an on going relationship.

Should I be worried when I apply our visa?

How old is your son?

He turned two last month.

[pushbrk 12,883]

Got the approved notice from USCIS. I'm so happy for the result that they approved my fiance's petition.

We almost cancel the petition because the lack of requirement 'not met within 2 years'. Thank God they approved it.

I dont know if they waived our case because when they sent us RFE asking for proof of meeting within 2 years prior the petition, we sent our son's picture and birth certificate instead. We also included the photocopies of all the pages of my fiance's passport for the purpose that we really have an on going relationship.

Should I be worried when I apply our visa?

How old is your son?

He turned two last month.

Perhaps they made the exception because of the child. You were obviously together in person as recently as 34 months ago. On what date was the petition filed? On what date did you last see your spouse in person?

Edited February 10, 2009 by pushbrk

[Piscean 0]

Got the approved notice from USCIS. I'm so happy for the result that they approved my fiance's petition.

We almost cancel the petition because the lack of requirement 'not met within 2 years'. Thank God they approved it.

I dont know if they waived our case because when they sent us RFE asking for proof of meeting within 2 years prior the petition, we sent our son's picture and birth certificate instead. We also included the photocopies of all the pages of my fiance's passport for the purpose that we really have an on going relationship.

Should I be worried when I apply our visa?

What information was contained in your fiance's passport to prove relationship? Entry/Exit stamps to the PI? If so, when were these "visits".

It only shows that we see each other more often before that '2yrs prior the filing.' We're late 8 days when we filed the petition to cover all the requirements. He can't go to PI because his naturalization was in process then. So after the approval and got his cert he filed the petition after a week. His father said that its ok to file because they will waived our petition because we have a child. And we're together for almost 11years.

I'll be honest in the interview about our situation believing that they will grant us visa. We've gone this far.

I will prepare and pray some more for our interview.

[payxibka 10,045]

He can't go to PI because his naturalization was in process then.

Obviously the result of a misunderstanding of the naturalization process...

[pushbrk 12,883]

He can't go to PI because his naturalization was in process then.

Obviously the result of a misunderstanding of the naturalization process...

Probably the lack of any passport.

Sounds like they last saw each other in person two years and eight days prior to filing the petition. That, combined with the long term relationship and a child together, would seem like an easy exception to make. I would expect no problem at the interview, as USCIS has the authority to make such an exception, leaving no need for a Consular officer to re-adjudicate the issue.

[desert_fox 32]

Dunno about this one. When Congress passes a law, every agency makes regulations to implement the law. They cannot make regulations that are not authorized by law, and are not IAW the law. So if this exception is not authorized by Congress, I dont see how it could have happened. Be well prepared at your interview and good luck.

[Piscean 0]

He can't go to PI because his naturalization was in process then.

Obviously the result of a misunderstanding of the naturalization process...

Probably the lack of any passport.

Sounds like they last saw each other in person two years and eight days prior to filing the petition. That, combined with the long term relationship and a child together, would seem like an easy exception to make. I would expect no problem at the interview, as USCIS has the authority to make such an exception, leaving no need for a Consular officer to re-adjudicate the issue.

Thank you!

I know someone who applied for K1 visa, knowing their story, its hopeless for the USEM to grant them visa but after she told the whole story in the Consulate, the consul grant her and her children visa. Even when they arrived in US the immigration officer held them up in the airport but still they got through. Maybe they sometimes give considerations in other cases as long as they see the truth.

[morocco4ever 63]

Is there any chance he can go visit either before the interview, or for the interview? It is always better to try to avoid any problems if at all possible. Personally if I was a CO it would look legit to me, but I'm not a CO.