"Can we cancel our Appeal?"

[MayaLar 0]

Hello Everyone!

Our K1-129F petition was denied because we failed to established evidence that the 2 of us have met within 2years.

I would like to inquire if it's possible for us to cancel out(withdraw)our appeal in case we didn't hear any news after six months of waiting....(we are on our 5th month now)Can we start over and re-file for a second K1 petition or we need to wait if it's granted or not???

Would appreciate any inputs and thank you in advance!

Edited July 19, 2009 by MayaLar

[Chica Yeyé 41]

You got replies in your other thread:

http://www.visajourney.com/forums/index.ph...=206356&hl=

Opening a new thread will not change the responses.

[Krikit 1,163]

It appears that the OP is asking a specific question with regard to her case so I will leave the thread open.

Good luck, MayaLar.

[nowhereman 1]

It appears that the OP is asking a specific question with regard to her case so I will leave the thread open.

Good luck, MayaLar.

The topics seem virtually identical to me, but after reading the other thread my guess is that either:

A. USCIS is being denser that usual (hard to imagine but possible)

or

B. Some pertinent info is being left out by the OP

I say this because it seems like they provided the necessary proof & outside of A or B I don't know what else would explain the denial.

[JimVaPhuong 4,863]

It appears that the OP is asking a specific question with regard to her case so I will leave the thread open.

Good luck, MayaLar.

The topics seem virtually identical to me, but after reading the other thread my guess is that either:

A. USCIS is being denser that usual (hard to imagine but possible)

or

B. Some pertinent info is being left out by the OP

I say this because it seems like they provided the necessary proof & outside of A or B I don't know what else would explain the denial.

I'll go with option 'B'. It seems odd that USCIS would deny a petition because of lack of evidence. They would more likely just issue an RFE. I'm thinking there's something that we aren't being told that resulted in the denial.

Anyway, I don't think they can withdraw the petition since the petition is not what's pending now - the appeal is pending. The petition is already denied. I don't know what the process is, if any, for withdrawing an appeal. I would presume that if they did so then the original grounds for the denial would be upheld. If those grounds had to do with the relationship, then they'd have to be dealt with in any new petition. If they had to do with something fundamentally wrong with the information on the petition, such as material misrepresentation, then they've got bigger problems to deal with.

[MayaLar 0]

Hello!

Our petition was denied because of lack of evidence but we did meet the requirement of meeting within 2years prior of the application. We did received an RFE and replied but then we were denied so we were given the option to appeal. Resubmitted revised documents with more additional evidence to prove we meet within 2years: dated pictures of us together and my family, hotel receipts, boarding pass, phone record, stamped passport.....so we are now on 5th month of waiting wondering if it will be granted or not...

So, I am curious if we can withdraw the appeal and our other options.....thank you so much in advance!

[Kathryn41 3,205]

If you have submitted other evidence and are waiting for the appeal, I suggest wait until you hear a decision. Appeals can take time and you already have 5 months into the appeal process. If you withdraw the appeal, you could re-submit a new K-1 and pay the fees again, or you could get married and apply for a CR-1. You will have to wait through both of those processes as well. If you feel that you have submitted sufficient evidence to prove that you did indeed meet the 2 year meeting requirement, then the likelihood is that your appeal will be granted.

[MayaLar 0]

It appears that the OP is asking a specific question with regard to her case so I will leave the thread open.

Good luck, MayaLar.

The topics seem virtually identical to me, but after reading the other thread my guess is that either:

A. USCIS is being denser that usual (hard to imagine but possible)

or

B. Some pertinent info is being left out by the OP

I say this because it seems like they provided the necessary proof & outside of A or B I don't know what else would explain the denial.

We are also anxious about the reason of denial failed to established evidence that we meet within 2years....First meeting March 2008 filed petion June 2008....

(RFE)additional evidence sent with the petition were dated pictures together, hotel receipts, boarding pass,proofs that we are both legally free to marry but fiance didn't include a stamped passport so I am thinking it may be one reason....since from what I heard it's a primary evidence.

[MayaLar 0]

If you have submitted other evidence and are waiting for the appeal, I suggest wait until you hear a decision. Appeals can take time and you already have 5 months into the appeal process. If you withdraw the appeal, you could re-submit a new K-1 and pay the fees again, or you could get married and apply for a CR-1. You will have to wait through both of those processes as well. If you feel that you have submitted sufficient evidence to prove that you did indeed meet the 2 year meeting requirement, then the likelihood is that your appeal will be granted.

Thank you so much Kathryn for your reply....

We were given false hopes when fiance followed it up 2months ago that we should expect decision in 2weeks.

We were hoping that the additional evidence sent together with the appeal would be sufficient(passport, dated pictures, boarding pass, hotel receipts, phone records with names and dates highlighted).......

We should here some news on our 6th month of waiting....

Edited July 19, 2009 by MayaLar

[Jauque 1]

If you have submitted other evidence and are waiting for the appeal, I suggest wait until you hear a decision. Appeals can take time and you already have 5 months into the appeal process. If you withdraw the appeal, you could re-submit a new K-1 and pay the fees again, or you could get married and apply for a CR-1. You will have to wait through both of those processes as well. If you feel that you have submitted sufficient evidence to prove that you did indeed meet the 2 year meeting requirement, then the likelihood is that your appeal will be granted.

Thank you so much Kathryn for your reply....

We were given false hopes when fiance followed it up 2months ago that we should expect decision in 2weeks.

We were hoping that the additional evidence sent together with the appeal would be sufficient(passport, dated pictures, boarding pass, hotel receipts, phone records with names and dates highlighted).......

We should here some news on our 6th month of waiting....

I agree with Kathryn, your at the five month mark now, if you cancel your appeal and reapply you will have to pay the fees again and wait as much as 6 more months before you can expect a response to a new application. Best of luck to you and your SO.

Since your question however is "if" you can cancel your appeal I believe the answer is yes you can. I would schedule an infopass apointment if that was your decision and ask them to tell you exactly how you can proceed from here.

[Dakine 26]

Hello!

Our petition was denied because of lack of evidence but we did meet the requirement of meeting within 2years prior of the application. We did received an RFE and replied but then we were denied so we were given the option to appeal. Resubmitted revised documents with more additional evidence to prove we meet within 2years: dated pictures of us together and my family, hotel receipts, boarding pass, phone record, stamped passport.....so we are now on 5th month of waiting wondering if it will be granted or not...

So, I am curious if we can withdraw the appeal and our other options.....thank you so much in advance!

If you are past "the normal" processing time after your RFE submittal have the petitioner contact the immigration specialist in his senators office.

[AbbynSheryl 0]

hey i agree with JAUQUE

u need an info pass and go talk to them face to face

and u may get the answer

good luck

abbynsheryl

[MayaLar 0]

My fiance had an appointment and talked with representatives in an immigration office in Seattle. He vent out all the frustrations brought with him a duplicate of all the documents that he resubmitted and they even said that those evidence should be enough.

Is this infopass appointment from an immigration office as well?or directly with the office where our papers are processed? I will inform my fiance about this..Thank you everyone I really do appreciate it....It's just so hard and painful for both of us.... :crying:

[MayaLar 0]

It appears that the OP is asking a specific question with regard to her case so I will leave the thread open.

Good luck, MayaLar.

Thanks Krikit!