What Is the Definition of Filing Date for a K1 Visa?

[stevydoo 0]

I posted this question on another thread but believe it's such a fundamental issue that everyone would benefit from an answer. My lawyer claims the filing date for our petition was the date our check cleared with USCIS, and the Manila embassy CO claims it is NOA1. Our petition was rejected because I left Phil a few days before the 2 year window defined by NOA1, requesting documentation to prove we were together on the NOA1 receipt date minus 2 years (which I can't provide). USCIS accepted our petition w/o comment. Our lawyer filed our petition so he determined the effective filing date. I searched at length but couldn't find a single reference on any USCIS or embassy website which offers a legal definition for "filing date." Does anyone know what it is?

[pushbrk 12,980]

I posted this question on another thread but believe it's such a fundamental issue that everyone would benefit from an answer. My lawyer claims the filing date for our petition was the date our check cleared with USCIS, and the Manila embassy CO claims it is NOA1. Our petition was rejected because I left Phil a few days before the 2 year window defined by NOA1, requesting documentation to prove we were together on the NOA1 receipt date minus 2 years (which I can't provide). USCIS accepted our petition w/o comment. Our lawyer filed our petition so he determined the effective filing date. I searched at length but couldn't find a single reference on any USCIS or embassy website which offers a legal definition for "filing date." Does anyone know what it is?

I think a successful argument can be made that the filing date is the day USCIS received the petition. If that can be documented based on certified mail. If not, then surely the day USCIS cashed your check can be successfully argued. First you must document that date and make the argument. Until you do, the Consulate only has documentation of the NOA1 receipt notice date.

Bear in mind though that this may or may not be the primary reason for the denial. They could accept your argument that the petition was filed on time and still deny the visa for other grounds.