Notice of intent to deny

[ronaldo 0]

I received NOID saying that:

....under the provisions of section 101(a)(15)(K)....the petition....shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 years before the date of filing the petition....

I met my fiance September 1 2007. I applied for 1-129F September 15 2009. So it's been 2 years and 14 days. I followed step by step all the process for K1 Visa. I submitted the following for evidence of meeting each other:

*copy of 1 of the airline ticket leaving Lebanon.

*copy of translated passport entering and leaving Lebanon.

We never took a picture of me and her together because I didn't know I needed it.

But I had 2 pictures from a party were me and her were present at that time: The first picture was me and her cousins. The second picture was her and the same cousins.

Questions:

Do you think I got the NOID because it's been just over 2 years that I met her or I didn't have a solid proof of me seeing her?

Edited December 28, 2009 by ronaldo

[Beth/ Paris Heart 2]

I received NOID saying that:

....under the provisions of section 101(a)(15)(K)....the petition....shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 years before the date of filing the petition....

I met my fiance September 1 2007. I applied for 1-129F September 15 2009. So it's been 2 years and 14 days. I followed step by step all the process for K1 Visa. I submitted the following for evidence of meeting each other:

*copy of 1 of the airline ticket leaving Lebanon.

*copy of translated passport entering and leaving Lebanon.

We never took a picture of me and her together because I didn't know I needed it.

But I had 2 pictures from a party were me and her were present at that time: The first picture was me and her cousins. The second picture was her and the same cousins.

Questions:

Do you think I got the NOID because it's been just over 2 years that I met her or I didn't have a solid proof of me seeing her?

Yes, a bit over 2 years, they will NOID it, I suggest you go and visit her again, take pics, keep all evidence of meeting, plane tickets, boarding passes, receipts, etc then start K1 process over again. Best wishes.

[ScottThuy 140]

they are not flexible when it comes to the within 2 years requirement.. 2 years and 14 days is not within 2 years and is not applied toward the requirement.. you will need to fly there again and refile.... or show proof that you were there within 2 years if you were there..

[ronaldo 0]

Yes, a bit over 2 years, they will NOID it, I suggest you go and visit her again, take pics, keep all evidence of meeting, plane tickets, boarding passes, receipts, etc then start K1 process over again. Best wishes.

The thing is I am going to visit her this summer. But I was hoping I would bring her along with me. So she doesn't have to wait extra 6 months. You think they would approve it if I tell them that I will go see her again.

Do you think they look at the exact day i met her and I applied for her 129-F? or do they just look at the month? because it's the same month I met her and the same month I applied for her K1.

thanks

[ScottThuy 140]

The thing is I am going to visit her this summer. But I was hoping I would bring her along with me. So she doesn't have to wait extra 6 months. You think they would approve it if I tell them that I will go see her again.

Do you think they look at the exact day i met her and I applied for her 129-F? or do they just look at the month? because it's the same month I met her and the same month I applied for her K1.

thanks

NO.. they will require you to refile after you have met the requirement... they won't go on promises... they look at the exact day.. 2 years exactly... sorry to be the bearer of bad news...

[SuperDuper! 230]

The thing is I am going to visit her this summer. But I was hoping I would bring her along with me. So she doesn't have to wait extra 6 months. You think they would approve it if I tell them that I will go see her again.

Do you think they look at the exact day i met her and I applied for her 129-F? or do they just look at the month? because it's the same month I met her and the same month I applied for her K1.

thanks

So sorry the answer is no. So close yet so far. Big Bureaucracy is so heartless in a heartfelt process.

[brightskte 18]

When they say 2 years, they mean 2 years. Not 2 years and 1 day, and not 2 years and 14 days. I know it isn't helpful for me to say this, but I don't understand how people can read the instructions which CLEARLY say that you must meet within the last 2 years, and still think that it's okay if it's been longer than that.

Almost only counts in horseshoes and hand grenades. Almost meeting the 2 year requirement means diddly squat to USCIS so unfortunately you've just wasted yourself $455.

Edited December 28, 2009 by Kayla*Mathew

[Penguin_ie 5,994]

As the others have said, there is no room to compromise here- you last saw your fiancee more than 2 years ago, therefor your petition is denied, and you will need to re-file once you have met again in person.

[ScottThuy 140]

When they say 2 years, they mean 2 years. Not 2 years and 1 day, and not 2 years and 14 days. I know it isn't helpful for me to say this, but I don't understand how people can read the instructions which CLEARLY say that you must meet within the last 2 years, and still think that it's okay if it's been longer than that.

Almost only counts in horseshoes and hand grenades. Almost meeting the 2 year requirement means diddly squat to USCIS so unfortunately you've just wasted yourself $455.

The OP got valid responses already.. no need to bash him... it was uncalled for...

[Darnell 8,478]

2 years is 2 years.. sorry everything slipped .

suggest you go back soonish, get piles of evidence there, come back to usa, file 2 days after you return.

forget the one you filed already, for now..

Good Luck !

[brightskte 18]

The OP got valid responses already.. no need to bash him... it was uncalled for...

Not bashing, being honest. I really feel sorry for the OP, but rules are rules and they didn't follow them to the extent that USCIS wanted, hence the NOID. Bureaucracy is an awful thing, but it is what it is.

[ronaldo 0]

Not bashing, being honest. I really feel sorry for the OP, but rules are rules and they didn't follow them to the extent that USCIS wanted, hence the NOID. Bureaucracy is an awful thing, but it is what it is.

The thing is I did I apply before it was 2 years, but the application got filed late. I didn't know they would be that strict about days. I met her sept. 2007 and filed in sep. 2009. I didn't know they would be that strict.

[brightskte 18]

The thing is I did I apply before it was 2 years, but the application got filed late. I didn't know they would be that strict about days. I met her sept. 2007 and filed in sep. 2009. I didn't know they would be that strict.

Then I'm confused. In your original post you said that you filed your petition on September 15th. So did you send it in prior to September 1st, 2009 and they didn't log you until the 15th, or did you send it in on the 15th?

[yogib37 3]

I received NOID saying that:

....under the provisions of section 101(a)(15)(K)....the petition....shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 years before the date of filing the petition....

I met my fiance September 1 2007. I applied for 1-129F September 15 2009. So it's been 2 years and 14 days. I followed step by step all the process for K1 Visa. I submitted the following for evidence of meeting each other:

*copy of 1 of the airline ticket leaving Lebanon.

*copy of translated passport entering and leaving Lebanon.

We never took a picture of me and her together because I didn't know I needed it.

But I had 2 pictures from a party were me and her were present at that time: The first picture was me and her cousins. The second picture was her and the same cousins.

Questions:

Do you think I got the NOID because it's been just over 2 years that I met her or I didn't have a solid proof of me seeing her?

Yeap The law states within 2 years. Not 2 yrs and 3 days or 14 days.. Within.. SO better plan a trip back and have a visit

[ronaldo 0]

Then I'm confused. In your original post you said that you filed your petition on September 15th. So did you send it in prior to September 1st, 2009 and they didn't log you until the 15th, or did you send it in on the 15th?

I just looked at the date I submitted the package and the date I left the country.

I submitted the package on Sep. 4, 2009 and they filed it on Sep. 15, 2009. I left her country Sep 5, 2007.

Edited December 28, 2009 by ronaldo