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Wendy71

Decison denial (merged)

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Filed: K-1 Visa Country: New Zealand
Timeline

Hopefully in the next few days he will get the letter with the denial decision and then we can go from there, if we can appeal then that's what we will do I know its something trivial we have either missed or misread. But I do know one thing this will not stop us from being together and having a future

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Filed: K-1 Visa Country: New Zealand
Timeline

Okay, so it took them 11 months to send the denial?

And what exact date in June did you meet in 2010? I saw your NOA1 was from July.

I mean no offense by my questions. I am just trying to help you. Taking a year ad half to make a decision on I-129F is highly unusual.

Did you include all pages of your passport to show it was yours? What exact date is on the stamp, and is it an entry stamp?

God read the timeline properly please and if you look we are with VSC who got back logged and slowed down in the end visas after june this year were being transferred to Texas. NOA1 07/2012 RFE 12/2012 send 01/2013 VSC received it first week of Feb 2013!!!!

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According to your timeline you sent the petition in on June 5th 2012.

And the last time you saw your finance was in June 2010? What dates?

What proof did you send? A passport stamp? Did you include the whole passport or just the one page?

Did you include any other dated evidence - boarding passes, ticket stubs, etc?

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+1 on specific June date that you last saw one another in 2010. If it's just one out, they'll want a newer date. Could just be that.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from K-1 Process to K-1 Progress Forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Your NOA1 date is past the two year requirement.

You met in person in June 2010.

Your NOA1 was in July 2012.

That's why.

Meet up again, then refile.

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It is extremely unusual to see a denial out of NZ. If you were out of date when you filed, you will have to begin again.

I can explain it to you. But I can't understand it for you.

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Filed: K-1 Visa Country: New Zealand
Timeline

Either out of date, or not free to marry.

I think the OP should learn some grace and apologize for snapping at people who were just trying to help. No one here has to put up with that childish bI

I was free to marry and I am about to apologise

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Filed: K-1 Visa Country: New Zealand
Timeline

Sorry for my behavior earlier I was on holiday with my fiancé up until sunday week ago I had to cut it to short as my father passed away I would have still been in the States when this decision was made. My father was layed to rest a week ago and to read our case status today just made my life seem harder than it is right now.

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Filed: K-1 Visa Country: New Zealand
Timeline

Your NOA1 date is past the two year requirement.

You met in person in June 2010.

Your NOA1 was in July 2012.

That's why.

Meet up again, then reM

My fiancé filed June 2012 we received NOA1 exactly one month later and I do agree I think we may have been a few days out which is something we discussed after it was filed. I would rather appeal than reapply the process is so long and drawn out

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Filed: Citizen (pnd) Country: Finland
Timeline

My fiancé filed June 2012 we received NOA1 exactly one month later and I do agree I think we may have been a few days out which is something we discussed after it was filed. I would rather appeal than reapply the process is so long and drawn out

If that is the reason (that you had not met exactly within the previous two years, but a few days more) -- then in fact there is no justification for you to appeal on. The error was yours: you did not meet the criteria for filing. Appeals only work when it is an error on USCIS part, not yours.

I'm not trying to criticize, just trying to save you time and money and frustration: if your denial notice does say that you did not meet in the two years prior to filing, then you really can't hope for an appeal, since that is true and USCIS is in the right. Your best choice is to meet now and file again.

Relationship since April 2006

K-1 Visa: I-129F filed November 6, 2012, NOA2 May 17, 2013, Interview and Approval July 24, 2013

POE San Diego, September 13, 2013, Wedding October 25, 2013

AOS filed November 19, 2013, EAD/AP received January 30, 2014, interview and AOS Approval on February 27, 2014.

ROC filed December 3, 2015, NOA1 12/4/15, Biometrics 12/31/15, ROC Approval on June 16, 2016, 10-Year Green Card received June 22, 2016.

N400 filed September 14, 2023, same day acceptance and Biometric Reuse notice, Interview on 2/13/24: Passed and same day oath. ALL DONE WITH USCIS.

No RFE at any stage, thanks to VisaJourney!

Detailed Timeline Below!

 

Relationship:
2006 April 01: Met online, music site, 2007 February 20: Met in person, Finland, 2007 - 2012 met several times in Finland and California

K-1 Visa:
2012 November 06: Sent I-129F (NOA1 on 11/9/2012)
2013 May 14: Contacted Congressman
2013 May 17: I-129F NOA2 Approved
2013 June 03: NVC Received (NVC left 6/6/13)
2013 June 10: Consulate Received, 2013 June 13: Medical, 2013 June 25: Sent Packet 3/4
2013 July 24: Interview in Helsinki, 2013 July 27: Visa Received
2013 September 13: POE to USA, San Diego

AOS:
2013 October 22: SSN Received
2013 October 25: Wedding, San Marcos, CA
2013 November 19: AOS, AP, EAD sent (NOA 1 on 11/22/13)
2013 December 17: Biometrics, San Marcos, CA, 2013 December 24: Online status changed to Testing/Interview

2014 January 23: Interview notice mailed (for 2/27), 2014 January 24: EAD card production, AP approval (card received 1/30/2014)

2014 February 27: Interview and Approval, GC in production (card received March 6, 2014)

 

ROC:

2015 December 03: mailed I-751 package

2015 December 04: NOA1 extension letter, 2015 December 31: Biometrics appointment

2016 June 16: Approval - Online status changed to Document Production, mailed 6/20/16

2016 June 22: 10-Year Green Card Received, done with USCIS for a while!

 

N-400 Citizenship:

2023 September 14: filed N-400 online

2023 September 14: same day acceptance notice and "Biometrics Reuse" notice

2023 December 28: notice of interview scheduled for February 13, 2024

2024 February 13: naturalization interview (five-year rule) passed, same day oath - now a US Citizen and done with USCIS!

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If that is the reason (that you had not met exactly within the previous two years, but a few days more) -- then in fact there is no justification for you to appeal on. The error was yours: you did not meet the criteria for filing. Appeals only work when it is an error on USCIS part, not yours.

I'm not trying to criticize, just trying to save you time and money and frustration: if your denial notice does say that you did not meet in the two years prior to filing, then you really can't hope for an appeal, since that is true and USCIS is in the right. Your best choice is to meet now and file again.

+1 this post.

I know it's hard, but even a few days out makes you ineligible - they're just not that flexible. It's a hardline 2 years. Sounds like you've seen each other since that filing, so at least you can get on and re-file ASAP.

Also, the date on the NOA1 receipt is the day they're counting from, since that's the day they officially take receipt of the petition.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: K-1 Visa Country: New Zealand
Timeline

+1 this post.

I know it's hard, but even a few days out makes you ineligible - they're just not that flexible. It's a hardline 2 years. Sounds like you've seen each other since that filing, so at least you can get on and re-file ASAP.

Also, the date on the NOA1 receipt is the day they're counting from, since that's the day they officially take receipt of the pet

When he comes here I would go down the marriage path but I cant go back with him as his wife I still have to live apart from him so I guess if we have to start all over again then so be it

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