Visiting after NOA1, not within the two years requirement

[Eliezer y Wendy 13]

In short:

So I just came from visiting my fiance and left Christopher (our son) with her for some time with his mother. He was 6 months old the last time she held him before this visitation. He's now 3 years old and I reunited him with his mother last week. It was a very emotional event for us at the airport after so long of dealing against so many barriers for our family. I'd like to know if I should send the proof of this travel to the service center that is processing my case now. I kind of want to send it with a copy of my NOA1 and the transfer notice, even if some say it might not make it to my case's file.

With more details:

I'd to share some insights about our I-129F, and I'm open to any feed back. Even if you believe we wouldn't be approved. I trust God what's best for us more than what I trust the lawyers who gave me no hope on this case. I hope my case can be of help and reference to others. So...

We didn't meet within the two years prior the submission of the I-129F due to financial limitations, and me waiting to become a U.S. Citizen. I was a permanent resident when she had to buy her ticket to leave upon the request of the immigration services, and you know the I-129F is only for a U.S. petitioner. Financial limitation was primarily for me being a "single parent" raising our newborn. Lawyers and many other people said that I would be denied due to this requirement of meeting within 2 years, but I have a lot of faith in God that the adjudicator of my case will understand our situation and see that we are a real family with a strong relationship that keep fighting for our reunion. Basically, I've put God as my lawyer and sent the I-129F with a lot of prayers.

So I submitted the this I-129F as soon as I became a U.S. Citizen, just to get things moving while I could afford to travel with our son Christopher. I just went and spent a week with her and we had the best week on our lives since she had to leave. Would this visitation count positively to qualify us of meeting all requirements for the I-129F? I'd like to know how many think this case would be denied and how many think it might be approved. I was suggested to get married on this visitation and withdraw the I-129F to start a I-130 from scratch, but we had so much trust in God and we are so close to NOA2 that we decided to wait.

Anyway, I'm already considering on booking another flight to Guatemala on November. It will be either to go with her to go with her to the interview and come back with together with my son, or to go get married and submit a I-130 to keep the fight going. I trust God will do what's best for us. All I know is I won't give up to my family.

So... i just visited 3 months after NOA1. Should I send proof of this visitation to be added to my case at the office processing my case? I will because I trust in God. I'm hoping some one could learn from my case.

Thanks... Btw, she had a valid social security number and work permit. She left shortly after her last work authorization card expired and didn't qualify for another renewal.

[kcbowhunter 2]

Best thing to do now is withdraw petition and refile now that you have met in person. If

GOD is your lawyer, you have the best lawyer. He knows all the rules. He knows main requirement is to have met within previous two years of filing. So pray to him and listen for answer. He will tell you that you have wasted your money on petition and time also. Refile now and pay new fee and start over.

[littlej 23]

Best thing to do now is withdraw petition and refile now that you have met in person. If

GOD is your lawyer, you have the best lawyer. He knows all the rules. He knows main requirement is to have met within previous two years of filing. So pray to him and listen for answer. He will tell you that you have wasted your money on petition and time also. Refile now and pay new fee and start over.

agreed, you did not meet the requirements the first time you filed, now you do

[Darnell 8,478]

echo: withdraw and refile. You not meet the 2 year rule when filing - there's no way around that. You can't fix the calendar with the petition that you filed.

Luckily for you, there's been a recent visit. That counts. But - it only counts if you refile.

So - withdraw, refile.

Go Get Em, and Good Luck !

Edited August 31, 2013 by Darnell

[Penguin_ie 5,995]

I agree, withdraw and re-file. The chances of getting a waiver approved are close to nil anyways, but financial reasons are a bad reason- you would be expected to wait with filing until you can afford the visit.

[Eliezer y Wendy 13]

I see. However, how important is it to withdraw instead of waiting a few weeks to hear from them? Even if I have to refile, would this current petition affect negatively my next attempt with the same I129F if I don't withdraw before their decision?

I thank you all for the input.

[LmmL 46]

All the commenters above have given you advice, one of them gave the reason also (re-read again the comments above), and it's your choice to re-file or not. If you want to waste time and money (cuz you will pay $240 on the interview day) then you wait, but if you don't want to waste time and money then re-file.

[Penguin_ie 5,995]

Withdrawing and re-filing will not negatively affect the second petition., If anything, it will be seen positively (you made a mistake by filing when you could not, and withdrew the petition before they forced you).

[Eliezer y Wendy 13]

Do you think that this petition would be denied at interview, not now on NOA2? Are they really heartless people interviewing? Wouldn't they thing that I would re-file? Why would they make me go through all that again for just a few months off the two years requirement. I wasn't a Citizen at that time and I was locked in the country to qualify for citizenship.

I know of a case of a guy with a case of a relationship with an under age. He even got her pregnant, and was to the edge of deportation. With lawyers, they fought to stay under permanent resident status. Later he wanted to become a citizen to fix the status of his girlfriend, but no lawyers gave him hope to ever become a U.S. Citizen because of his record. He told the lawyers he wanted to try even if he waists his money on the filing and lawyer's fees. The lawyers refused to take his money, and he decided to file for citizenship on his own and his faith on God. It turned out that his Citizenship came thru within normal processing times, without any extra request of anything. He submitted all details of his records and why he wanted citizenship after going thru with his sentence for being with the under age girl. His now married to the same girl, and have an amazing family who talks to others about Jesus and how God changed his life.

I trust everybody experience. If waiting to hear from them will not affect a re-file, I think I want to wait. Just remember my questions here is also for other to learn from my case. Even if I'm wrong. My message is probably to encourage others to put their lives in the hands of God not matter how dark and lost they think they are.

Thanks again. I hope no body is offended by me not going with the advices.

[Penguin_ie 5,995]

You were not locked into the country till citizenship, you could easily have travelled for a week or a month, or she could have applied for a tourist visa, or you could have met in a third country. The financial argument also holds no water, as you were able to afford to travel to meet her just a few months after you were supposed to for the requirements.

It's not about them being heartless- there are only 2 rules to apply for a K1 fiance visa 1) free to marry and 2) met within 2 years. You missed one of the two, they have no choice but to deny. It is possibly you will be denied at USCIS stage, ie before NOA2. It is also possible that they will send an RFE for evidence that you did meet, and then deny. But USCIS doesn;t always catch these cases, and then you'd be denied at interview. You can wait if you want, but all it will do is cause more of a delay till you can be together.

[Bugs 455]

Your petition will be denied. If you wait, you are just prolonging this inevitability. They don't care about whether or not you visited since the filing. Many on VJ have tried your tactic. It never works.

The best thing to do is simply withdraw the petition and refile. Saves a heck of a lot of time than waiting several months for the denial, then refiling and waiting another several months for the approval of the refiling. Withdrawing and refiling now cuts out much of that first wait.

[Eliezer y Wendy 13]

Your petition will be denied. If you wait, you are just prolonging this inevitability. They don't care about whether or not you visited since the filing. Many on VJ have tried your tactic. It never works.

The best thing to do is simply withdraw the petition and refile. Saves a heck of a lot of time than waiting several months for the denial, then refiling and waiting another several months for the approval of the refiling. Withdrawing and refiling now cuts out much of that first wait.

UNDERSTOOD. If other have already tried visiting after NOA1, then I gotta think. I still have a lot of hope though.

Thanks again. Hope this post helps others.

[ella7883 2]

"Are they really heartless people interviewing?" You see it's not about being "heartless". Rules are rules and we all have to follow them. You can't be emotional about this. My fiance and I had the same concern. We didn't see each other for 4 years (someone please give me a pat on the back!) because of different reasons and we were thinking- file the K1 visa then meet up later. I did my research and it seems like there's no way around it. So I waited and we finally met again in June. Our second meeting was only for five days but we did what we have to do because we know we can't file the visa unless we meet again. People who responded to you are right when they say that the "have met within the past two years" rule is iron clad.

[Bugs 455]

UNDERSTOOD. If other have already tried visiting after NOA1, then I gotta think. I still have a lot of hope though.

Thanks again. Hope this post helps others.

Your recent visits will not be a factor for your current petition, but it certainly can be used for a refiled petition, not to mention as ongoing evidence for the embassy interview.

I'd hurry it up, as NOA2s are being belted out in an unprecedented fast rate these days. Why wait for a denial and get caught in another unlucky slowdown with NOA2 processing later on during a refile?

[baron555 934]

I see. However, how important is it to withdraw instead of waiting a few weeks to hear from them? Even if I have to refile, would this current petition affect negatively my next attempt with the same I129F if I don't withdraw before their decision?

I thank you all for the input.

You CAN NOT hae two petitions processing at the same time. They will take your money from the second and then when they discover this, they will deny your second filing and keep your money.

This process MUST be done properly.....and you have been directed by many as to exactly what to do..Note that all of the advise from others is the same.