Notice of intent to deny

[Dakine 26]

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.

Sounds like you don't have much evidence of having a bonafide relationship for the interview anyway.

Best to make another trip. Take a LOT of pictures with you , her, her family and friends.

Edited December 28, 2009 by Dakine

[ronaldo 0]

Sounds like you don't have much evidence of having a bonafide relationship for the interview anyway.

Best to make another trip. Take a LOT of pictures with you , her, her family and friends.

Do I have to re-file again? Because I am going next summer.

[brightskte 18]

Do I have to re-file again? Because I am going next summer.

Yes, you will have to refile.

I reread your initial post and even if they had let you bypass the 2 year requirement I honestly don't think you'd have enough evidence to prove that you're in a bonafide relationship. I would at least get one more trip in before you re-file. Take a lot of pictures, keep your boarding passes, hotel receipts, etc.

When I go Canada I always look at my receipts and if on the bottom it has my name where I've used my visa, I keep it. It either means that a.) I've been there or b.) someone has stolen my debit card and given the receipts back to me for their purchases.

[sachinky 465]

You've been given good advice here. Follow it.

[ibee4qb 1]

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.

I would advice you to go and marry her and file for K3 instead of the K1. Good luck

[sachinky 465]

CR-1 instead of the K-3.

[sara..... 371]

Do I have to re-file again? Because I am going next summer.

from my dealings with the service center they really dont care when u filed it its when they give the date of receipt that they care about..........so u will have to refile either k-1 or some sort of marriage visa

sara

[PanamaJack 1]

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.

Your Reply was uncalled for .. You are a member for 30 days more than I am and You are a Senior Member in 6 months ?? This means you comment too much as like this comment. The OP feels bad enough without your intellegent reply.. Handgrenades and Horseshoes #######?? Chill Out ......Just because you are ahead of us does not make you an expert.....

Edited December 28, 2009 by PanamaJack

[Chica Yeyé 41]

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.

And your snarky response helps the OP how, exactly? Wait. It does not. This is an upper forum; so refrain from comments like that, they are not welcome by the VJ Admin. Either you have immigration facts to share with the OP or you stay quiet.

To the OP: if you are traveling during the summer; it would be a good idea to indeed get married and file for a CR-1 immigrant visa. In the meanwhile, document exchanges between you two, and begin gathering more evidence. Best of luck.

[minatours 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?

I am sorry to hear that but it is all about the evidence you have to provide sufficient evidence to the uscis such as photos .emails . letters . phone records in order to enable them approved your peitition . good luck

[ScottThuy 140]

I am sorry to hear that but it is all about the evidence you have to provide sufficient evidence to the uscis such as photos .emails . letters . phone records in order to enable them approved your peitition . good luck

Please read the previous posts... the OP does not have an issue with evidence of relationship.. the issue is with proving that they met in person within 2 years... They have not met in person within 2 years so the reqirement is not met and USCIS will not approve the petition... A refile is required after the reqirement is met... the OP could file another k-1 or a CR-1.. it is up to them....

[ronaldo 0]

And your snarky response helps the OP how, exactly? Wait. It does not. This is an upper forum; so refrain from comments like that, they are not welcome by the VJ Admin. Either you have immigration facts to share with the OP or you stay quiet.

To the OP: if you are traveling during the summer; it would be a good idea to indeed get married and file for a CR-1 immigrant visa. In the meanwhile, document exchanges between you two, and begin gathering more evidence. Best of luck.

Thanks everyone for your comments.

The "intent to deny" letter didn't clearly state that the reason was because It was more than 2 year. They just mention what the requirement is which is "....within 2 years of filing date...." So I don't really know if it is the date is the issue or the lack of evidence of me meeting her.

I'm not very familiar with CR-1. I haven't done any research on it. How long does it take for her to come to the U.S. if I go to her country and marry her there. What's the fee cost for CR-1?

Thanks a lot for your help

[TBoneTX 45,363]

Dude, the CR-1 guide can be found in the main VJ Forums listing.

As a gentle hint: Your journey will go less bumpily for you if you read accurately, interpret what you read literally, and follow instructions precisely. Good luck, si man.

[ronaldo 0]

I have 2 more questions.

A. Is it hard to get hold of a Representative from USCIS? I call their national number and they didn't have an option of talking to a "real" person.

B. What other strong evidence can be provided beside a picture of me and her?

I still don't understand how a picture can be a prove of me meeting her. Its not that hard to photoshop a picture of us together. In my opinion, the best evidence is, I was in her country (which the passport and airplane ticket show). I know they have their laws, but I think they should look at each case differently. In my case: I met the person....got her phone number and email...talked to her for almost 1 year and half....got engaged...and now they want me to go back again (which is 16 hrs flying) and take a picture of me and her together and re-apply again.

[sachinky 465]

Look. The rules sucks. But there are what they are. You MUST meet within 2 years of filing. No ifs and buts about it. Not 2 years 1 day or 14 days or 5 days. Two years. 730 days.

You can go to her country and marry her. Then file for a CR-1. The wait time is about 6-8 months on an average. Cost is $825 plus miscellaneous.

If you want to go via the K-1 route, then you will HAVE to refile.

What did you submit with the intial 129F -- that might give us a clue if it was sufficient or insufficient?

Strong evidence includes pictures with family, pictures of wedding/engagement ceremony, affidavits, passport stamps, email logs, phone bills, letters, cards, children, joint bank accounts, joint lease etc.

Read the guides.

Edited December 29, 2009 by sachinky