VisaJourney.com > I-129F Intent to Deny, please help!

Mirage

Apr 23 2007, 12:55 PM

Hello, my wife and I are in the process of obtaining a K3 visa. We were married in December, filed I-130 (receipt Jan. 2), then filed I-129F (receipt Jan. 16).

I filed for a K1 in 2005 for my ex-girlfriend who was from Brazil, but her visa was denied because she had overstayed her tourist visa for one year. Because of this, I have a previous K1 approval within 2 years (yay for IMBRA

).

Last week I received a notice of intent to deny the I-129F because of the previous approval, but I was under the impression that this did not affect K3 petitions! I contacted an attorney and was told that this is normal, and the K3 will be issued via the I-130, but I didn't think this was correct. I thought the I-130 was the full immigrant visa and the I-129F is the K3 which we should still be eligible for.

I have 4 days left (April 27) to give the USCIS a response. Any hlep would be greatly appreciated!

Thanks in advance

pushbrk

Apr 23 2007, 01:08 PM

QUOTE(Mirage @ Apr 23 2007, 10:55 AM)

Hello, my wife and I are in the process of obtaining a K3 visa. We were married in December, filed I-130 (receipt Jan. 2), then filed I-129F (receipt Jan. 16).

I filed for a K1 in 2005 for my ex-girlfriend who was from Brazil, but her visa was denied because she had overstayed her tourist visa for one year. Because of this, I have a previous K1 approval within 2 years (yay for IMBRA

).

Last week I received a notice of intent to deny the I-129F because of the previous approval, but I was under the impression that this did not affect K3 petitions! I contacted an attorney and was told that this is normal, and the K3 will be issued via the I-130, but I didn't think this was correct. I thought the I-130 was the full immigrant visa and the I-129F is the K3 which we should still be eligible for.

I have 4 days left (April 27) to give the USCIS a response. Any hlep would be greatly appreciated!

Thanks in advance

Your attorney seems worthless. K3 must result from an approved I-129F. What precisely does your notice say and in what fashion are you requested to respond?

kitkat1

Apr 23 2007, 01:11 PM

Did your attorney also file a waiver for IMBRA? This appears to be what you need to do.

mybackpages

Apr 23 2007, 01:16 PM

QUOTE(kitkat1 @ Apr 23 2007, 01:11 PM)

Did your attorney also file a waiver for IMBRA? This appears to be what you need to do.

agreed. sounds like the petition went forward without a wavier and thus was denied on face value.

Mirage

Apr 23 2007, 01:26 PM

QUOTE(pushbrk @ Apr 23 2007, 11:08 AM)

Your attorney seems worthless. K3 must result from an approved I-129F. What precisely does your notice say and in what fashion are you requested to respond?

I think that the USCIS mistook the petition for a K1... here is what the notice says:

Page 1 is a blue I-797E, Notice of Action. It says, "Return this blue processing coversheet on top of your response to the intent to deny. Note, you are given until April 27, 2007 in which to submit the requested information to the address at the bottom of this notice."

Page 2 is the actual notice:

QUOTE

NOTICE OF INTENT TO DENY

This notice is in reference to the Form I-129F, Petition for Alien Fiancee that was filed by the petitioner persuant to section 101(a)(15)(K) of the Immigration and Nationality Act, as amended.. etc, etc.

USCIS intends to deny this petition persuant to 8 C.F.R.103.2(

(1), which states in pertinent part:

An applicant or petitioner must etablish eligibility for a requested benefet, etc. etc..

(IMPORTANT PART, paraphrased):

As of March 6, 2006, a petitioner must meet requirements of IMBRA which imposes limitations on the number of I-129F K-1 petitions a petitioner may file or has had approved without seeking a waiver of those limitations. Records indicate that petitioner has filed or had approved more than the number of K1 petitions without being required to submit a waiver.

Since the petitioner has had a K1 petition approved within the last 2 years, the petitioner must apply for a waiver.
Based upon the reasons above, the petitioner must submit additional information, evidence, or arguments to support the petition and in opposition to this denial. Failure to respond will result in the denial of the petition.

Do I just need to respond that this is a K3 and is not subject to those limitations? Do I need to make an argument to request a waiver? I am freaking out and I don't really know what to do.

Hanging in there

Apr 23 2007, 01:34 PM

QUOTE(Mirage @ Apr 23 2007, 01:55 PM)

Hello, my wife and I are in the process of obtaining a K3 visa. We were married in December, filed I-130 (receipt Jan. 2), then filed I-129F (receipt Jan. 16).

I filed for a K1 in 2005 for my ex-girlfriend who was from Brazil, but her visa was denied because she had overstayed her tourist visa for one year. Because of this, I have a previous K1 approval within 2 years (yay for IMBRA

).

Last week I received a notice of intent to deny the I-129F because of the previous approval, but I was under the impression that this did not affect K3 petitions! I contacted an attorney and was told that this is normal, and the K3 will be issued via the I-130, but I didn't think this was correct. I thought the I-130 was the full immigrant visa and the I-129F is the K3 which we should still be eligible for.

I have 4 days left (April 27) to give the USCIS a response. Any hlep would be greatly appreciated!

Thanks in advance

Why cant you file a request for an IMBRA waiver? Did you call and ask if you could file an imbra waiver?

pushbrk

Apr 23 2007, 01:35 PM

QUOTE(Mirage @ Apr 23 2007, 11:26 AM)

QUOTE(pushbrk @ Apr 23 2007, 11:08 AM)

Your attorney seems worthless. K3 must result from an approved I-129F. What precisely does your notice say and in what fashion are you requested to respond?

I think that the USCIS mistook the petition for a K1... here is what the notice says:

Page 1 is a blue I-797E, Notice of Action. It says, "Return this blue processing coversheet on top of your response to the intent to deny. Note, you are given until April 27, 2007 in which to submit the requested information to the address at the bottom of this notice."

Page 2 is the actual notice:

QUOTE

NOTICE OF INTENT TO DENY

This notice is in reference to the Form I-129F, Petition for Alien Fiancee that was filed by the petitioner persuant to section 101(a)(15)(K) of the Immigration and Nationality Act, as amended.. etc, etc.

USCIS intends to deny this petition persuant to 8 C.F.R.103.2(

(1), which states in pertinent part:

An applicant or petitioner must etablish eligibility for a requested benefet, etc. etc..

(IMPORTANT PART, paraphrased):

As of March 6, 2006, a petitioner must meet requirements of IMBRA which imposes limitations on the number of I-129F K-1 petitions a petitioner may file or has had approved without seeking a waiver of those limitations. Records indicate that petitioner has filed or had approved more than the number of K1 petitions without being required to submit a waiver.

Since the petitioner has had a K1 petition approved within the last 2 years, the petitioner must apply for a waiver.
Based upon the reasons above, the petitioner must submit additional information, evidence, or arguments to support the petition and in opposition to this denial. Failure to respond will result in the denial of the petition.

Do I just need to respond that this is a K3 and is not subject to those limitations? Do I need to make an argument to request a waiver? I am freaking out and I don't really know what to do.

I think you need to respond indicating this is a K3 petition. Include the same proof of filing the I-130 and proof of marriage. You did include those with your original I-129F, right? You might also want to call USCIS and discuss this with them. Get their input on how to proceed. It sure does look like they mistook your petition for a K1. Do you you have any idea why that might be? Here are some possible reasons.

1. You sent it to the service center instead of the Chicago PO Box.
2. You failed to include evidence of filing I-130 and evidence of marriage.
3. You didn't file an I-130.

Hanging in there

Apr 23 2007, 01:37 PM

QUOTE(Mirage @ Apr 23 2007, 02:26 PM)

QUOTE(pushbrk @ Apr 23 2007, 11:08 AM)

Your attorney seems worthless. K3 must result from an approved I-129F. What precisely does your notice say and in what fashion are you requested to respond?

I think that the USCIS mistook the petition for a K1... here is what the notice says:

Page 1 is a blue I-797E, Notice of Action. It says, "Return this blue processing coversheet on top of your response to the intent to deny. Note, you are given until April 27, 2007 in which to submit the requested information to the address at the bottom of this notice."

Page 2 is the actual notice:

QUOTE

NOTICE OF INTENT TO DENY

This notice is in reference to the Form I-129F, Petition for Alien Fiancee that was filed by the petitioner persuant to section 101(a)(15)(K) of the Immigration and Nationality Act, as amended.. etc, etc.

USCIS intends to deny this petition persuant to 8 C.F.R.103.2(

(1), which states in pertinent part:

An applicant or petitioner must etablish eligibility for a requested benefet, etc. etc..

(IMPORTANT PART, paraphrased):

As of March 6, 2006, a petitioner must meet requirements of IMBRA which imposes limitations on the number of I-129F K-1 petitions a petitioner may file or has had approved without seeking a waiver of those limitations. Records indicate that petitioner has filed or had approved more than the number of K1 petitions without being required to submit a waiver.

Since the petitioner has had a K1 petition approved within the last 2 years, the petitioner must apply for a waiver.
Based upon the reasons above, the petitioner must submit additional information, evidence, or arguments to support the petition and in opposition to this denial. Failure to respond will result in the denial of the petition.

Do I just need to respond that this is a K3 and is not subject to those limitations? Do I need to make an argument to request a waiver? I am freaking out and I don't really know what to do.

Has anyone told you that you can request an imbra waiver? I filed one with my petition and I dont know if I am facing the same things you are because no one has let me know anything either. I may be getting one as well ( intent to deny) I filed a waiver request when I filed the petition and I am waiting on the same things that you are.

kitkat1

Apr 23 2007, 01:37 PM

IMBRA restrictions are applied to K1s and K3s. It was the subject of a great deal of controversy and may be incorrect, but in the end, you need to respond in the appropriate amount of time and complete the waiver.

Mirage

Apr 23 2007, 01:40 PM

QUOTE(pushbrk @ Apr 23 2007, 11:35 AM)

I think you need to respond indicating this is a K3 petition. Include the same proof of filing the I-130 and proof of marriage. You did include those with your original I-129F, right? You might also want to call USCIS and discuss this with them. Get their input on how to proceed. It sure does look like they mistook your petition for a K1. Do you you have any idea why that might be? Here are some possible reasons.

1. You sent it to the service center instead of the Chicago PO Box.
2. You failed to include evidence of filing I-130 and evidence of marriage.
3. You didn't file an I-130.

I did include the I-130 reciept notice with the I-129F, and mailed it to the Chicago PO box. I have a receipt notice from that office, and then 2 weeks later received a transfer notice because they sent it to the California service center. I did not, however, include a copy of the marriage certificate with the I-129F, only with the I-130.

pushbrk

Apr 23 2007, 02:03 PM

QUOTE(Mirage @ Apr 23 2007, 11:40 AM)

QUOTE(pushbrk @ Apr 23 2007, 11:35 AM)

I think you need to respond indicating this is a K3 petition. Include the same proof of filing the I-130 and proof of marriage. You did include those with your original I-129F, right? You might also want to call USCIS and discuss this with them. Get their input on how to proceed. It sure does look like they mistook your petition for a K1. Do you you have any idea why that might be? Here are some possible reasons.

1. You sent it to the service center instead of the Chicago PO Box.
2. You failed to include evidence of filing I-130 and evidence of marriage.
3. You didn't file an I-130.

I did include the I-130 reciept notice with the I-129F, and mailed it to the Chicago PO box. I have a receipt notice from that office, and then 2 weeks later received a transfer notice because they sent it to the California service center. I did not, however, include a copy of the marriage certificate with the I-129F, only with the I-130.

Ok, then perhaps you do indeed need to file the waiver. I would call them and ask this question specifically and then do as they tell you ASAP. Throw in a copy of the marriage certificate too.

Mirage

Apr 23 2007, 02:47 PM

QUOTE(pushbrk @ Apr 23 2007, 12:03 PM)

Ok, then perhaps you do indeed need to file the waiver. I would call them and ask this question specifically and then do as they tell you ASAP. Throw in a copy of the marriage certificate too.

Oh man, everything I had read at the time (this was in Sept. '06) indicated that the 2 year restriction didn't apply to K3 visas! Can somebody absolutely confirm that the restriction does apply? I am on hold with the USCIS right now and I'm sure they'll be able to tell me too.

Has anybody else had success with the waiver, and how much additional time did it take?

And by the way, thanks so much for your help and information everybody!

Mirage

Apr 23 2007, 03:28 PM

Okay, I just got off the phone with the California Service Center. The person I talked to had to go ask several other people to get an answer about my case so I don't know how dependable her information is, but she said that it looks like the reason for the Intent to Deny is that they never closed the case for my previous K1 petition. I had been in contact with the consulate regarding that case and had asked for it to be cancelled and the petition withdrawn, which they replied that it would be. I never received official notice of that by mail. I was told to mail a copy of that email with my response, which will hopefully be sufficient.

It also appears that the two year filing restriction does NOT affect K3, as evident in this document:
http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

payxibka

Apr 23 2007, 05:07 PM

QUOTE(kitkat1 @ Apr 23 2007, 01:37 PM)

IMBRA restrictions are applied to K1s and K3s. It was the subject of a great deal of controversy and may be incorrect, but in the end, you need to respond in the appropriate amount of time and complete the waiver.

All IMBRA requirements apply to K-1 and K-3 except the multiple filing restriction.

Hanging in there

May 1 2007, 10:42 AM

QUOTE(Mirage @ Apr 23 2007, 01:55 PM)

Hello, my wife and I are in the process of obtaining a K3 visa. We were married in December, filed I-130 (receipt Jan. 2), then filed I-129F (receipt Jan. 16).

I filed for a K1 in 2005 for my ex-girlfriend who was from Brazil, but her visa was denied because she had overstayed her tourist visa for one year. Because of this, I have a previous K1 approval within 2 years (yay for IMBRA

).

Last week I received a notice of intent to deny the I-129F because of the previous approval, but I was under the impression that this did not affect K3 petitions! I contacted an attorney and was told that this is normal, and the K3 will be issued via the I-130, but I didn't think this was correct. I thought the I-130 was the full immigrant visa and the I-129F is the K3 which we should still be eligible for.

I have 4 days left (April 27) to give the USCIS a response. Any hlep would be greatly appreciated!

Thanks in advance

they only gave me 8 days... whats the deal with that... I got the same thing with no response time... what happened... and how fast have they said something to you

QUOTE(Mirage @ Apr 23 2007, 01:55 PM)

Hello, my wife and I are in the process of obtaining a K3 visa. We were married in December, filed I-130 (receipt Jan. 2), then filed I-129F (receipt Jan. 16).

I filed for a K1 in 2005 for my ex-girlfriend who was from Brazil, but her visa was denied because she had overstayed her tourist visa for one year. Because of this, I have a previous K1 approval within 2 years (yay for IMBRA

).

Last week I received a notice of intent to deny the I-129F because of the previous approval, but I was under the impression that this did not affect K3 petitions! I contacted an attorney and was told that this is normal, and the K3 will be issued via the I-130, but I didn't think this was correct. I thought the I-130 was the full immigrant visa and the I-129F is the K3 which we should still be eligible for.

I have 4 days left (April 27) to give the USCIS a response. Any hlep would be greatly appreciated!

Thanks in advance

I had a weird very fast intent to deny as well with a quick response time that was almost unbeatable. Have they said anything yet?