Refile K1

[ThomLin 0]

Hi everyone!

Well I need your help and adivice to all the people who knows or had been thru this, we never recieved a RFE, after 3 touches in a row on Uscis account we got the August 4th the denial, we got the hard copy and the motives were what we thought, The reasons were we didn't sent proves about we have been together for those 2 years Thomas just sent the forms, we can appeal that's what the letter said but I'm not sure if the process is gonna be fast and of course I have not idea how is the appeal...

We decided refile, the truth is we don't have money to hire a lawyer, we going to do this for our self, In the form I-129F there's the question number 11 "have you ever filed for this or any other alien fiance or husband/wife before?.....do we have answer yes or just no like if were the first time we are filing this?

If someone can help me with this I will really apreciate it !!!

take care friends!!!

Linda

P.s. I put the hard copy Uscis sent us F.Y.I.

[Bobby+Umit 161]

So you missed the RFE submitting date?

But - if you refile - yes, you would have to put "yes" since you actually filed the first one (but was denied).

I would actually appeal the denial (if you have the correct proof that you sent in for the RFE). Also - can you prove you didn't receive the RFE's? (like they sent it to the wrong address or something?)

[dcrespo314 0]

i would go with the appeal for now, i think it might be quiker that re filing..even though they charge you over 500 bucks.......damnnn, just dl the form they want you to download at get the evidence that they need....good luck

Hi everyone!

Well I need your help and adivice to all the people who knows or had been thru this, we never recieved a RFE, after 3 touches in a row on Uscis account we got the August 4th the denial, we got the hard copy and the motives were what we thought, The reasons were we didn't sent proves about we have been together for those 2 years Thomas just sent the forms, we can appeal that's what the letter said but I'm not sure if the process is gonna be fast and of course I have not idea how is the appeal...

We decided refile, the truth is we don't have money to hire a lawyer, we going to do this for our self, In the form I-129F there's the question number 11 "have you ever filed for this or any other alien fiance or husband/wife before?.....do we have answer yes or just no like if were the first time we are filing this?

If someone can help me with this I will really apreciate it !!!

take care friends!!!

Linda

P.s. I put the hard copy Uscis sent us F.Y.I.

Edited August 18, 2009 by dcrespo314

[ThomLin 0]

So you missed the RFE submitting date?

But - if you refile - yes, you would have to put "yes" since you actually filed the first one (but was denied).

I would actually appeal the denial (if you have the correct proof that you sent in for the RFE). Also - can you prove you didn't receive the RFE's? (like they sent it to the wrong address or something?)

Hi Bobby! Thanks for your time!

We never got any RFE, none email or hard copy, we called a lot of times to Uscis and the only thing they said is that our case was in process that we had to wait... That's it..

Then we got the 3 touches before the denial... I mean one July 31th, August 1st, August 2nd and then in August 4th the denial...

A friend got a denial too and his lawyer recomend them about refile because the appeals can take a lot of time to get approved and can be more expensive.

What to do?

Linda

[Krikit 1,163]

Merged two topics into one thread.

[ThomLin 0]

i would go with the appeal for now, i think it might be quiker that re filing..even though they charge you over 500 bucks.......damnnn, just dl the form they want you to download at get the evidence that they need....good luck

Hi everyone!

Well I need your help and adivice to all the people who knows or had been thru this, we never recieved a RFE, after 3 touches in a row on Uscis account we got the August 4th the denial, we got the hard copy and the motives were what we thought, The reasons were we didn't sent proves about we have been together for those 2 years Thomas just sent the forms, we can appeal that's what the letter said but I'm not sure if the process is gonna be fast and of course I have not idea how is the appeal...

We decided refile, the truth is we don't have money to hire a lawyer, we going to do this for our self, In the form I-129F there's the question number 11 "have you ever filed for this or any other alien fiance or husband/wife before?.....do we have answer yes or just no like if were the first time we are filing this?

If someone can help me with this I will really apreciate it !!!

take care friends!!!

Linda

P.s. I put the hard copy Uscis sent us F.Y.I.

Thanks Decrespo!!!

God bless you guys!

ThomLin

[ThomLin 0]

Merged two topics into one thread.

Sorry!!!

[Krikit 1,163]

Merged two topics into one thread.

Sorry!!!

Don't be sorry! Sometimes VJ hiccups and creates a duplicate thread from the same post. No worries.

[ThomLin 0]

Please there's someone who can help us?, who have been in the same case or know about it?, to share your experience and know what could happen...

We need some guide...

Pleaseee!!!

ThomLin

[Kathryn41 3,205]

moved to K-1 process from K-1 case filing reports

[Gary and Alla 3,694]

So you missed the RFE submitting date?

But - if you refile - yes, you would have to put "yes" since you actually filed the first one (but was denied).

I would actually appeal the denial (if you have the correct proof that you sent in for the RFE). Also - can you prove you didn't receive the RFE's? (like they sent it to the wrong address or something?)

Hi Bobby! Thanks for your time!

We never got any RFE, none email or hard copy, we called a lot of times to Uscis and the only thing they said is that our case was in process that we had to wait... That's it..

Then we got the 3 touches before the denial... I mean one July 31th, August 1st, August 2nd and then in August 4th the denial...

A friend got a denial too and his lawyer recomend them about refile because the appeals can take a lot of time to get approved and can be more expensive.

What to do?

Linda

You must provide primary and secondary evidence that you have met in person in the two years prior to filing the petition. Not sure why they chose to deny rather than send an RFE, maybe because there was nothing at all. DID you meet in person in the two years before filing the petition? If yes, and you have proof, then an appeal could be of some good. If you did not, an appeal will be a waste of time and money...you do not qualify. Your only option woul dbe to get together in person, document it well and re-file. You would answer "YES" you have previously filed a petition. You would not need a waiver as you do not have an approved petition within the last two years, but I would include a cover letter explanation when you re-file.

[ThomLin 0]

So you missed the RFE submitting date?

But - if you refile - yes, you would have to put "yes" since you actually filed the first one (but was denied).

I would actually appeal the denial (if you have the correct proof that you sent in for the RFE). Also - can you prove you didn't receive the RFE's? (like they sent it to the wrong address or something?)

Hi Bobby! Thanks for your time!

We never got any RFE, none email or hard copy, we called a lot of times to Uscis and the only thing they said is that our case was in process that we had to wait... That's it..

Then we got the 3 touches before the denial... I mean one July 31th, August 1st, August 2nd and then in August 4th the denial...

A friend got a denial too and his lawyer recomend them about refile because the appeals can take a lot of time to get approved and can be more expensive.

What to do?

Linda

You must provide primary and secondary evidence that you have met in person in the two years prior to filing the petition. Not sure why they chose to deny rather than send an RFE, maybe because there was nothing at all. DID you meet in person in the two years before filing the petition? If yes, and you have proof, then an appeal could be of some good. If you did not, an appeal will be a waste of time and money...you do not qualify. Your only option woul dbe to get together in person, document it well and re-file. You would answer "YES" you have previously filed a petition. You would not need a waiver as you do not have an approved petition within the last two years, but I would include a cover letter explanation when you re-file.

Thanks Gary and Alla!

Well before file we hadn't 2 years we had just 1 year and 6 months, now we have 2 years, so after all the comments and search I think refile is the best option...

Thanks so much again!

Linda

[huntherx17 0]

Well before file we hadn't 2 years we had just 1 year and 6 months, now we have 2 years, so after all the comments and search I think refile is the best option...

hmm... I think you are saying that you need to be together for 2 years. That is not the requirement. You just have to see each other in the last two years.

[Cacerez 19]

You don't have to have known each other for a full 2 years, just have proof that you have met in person within the two years prior to your filing date.

For example, you start dating May 2008

He visits you/you visit him/whatever July 2008

You can file immediately after July 2008, you do not have to wait until July 2010 to file, but you have to file within 2 years of the last time you saw each other.

[Gary and Alla 3,694]

So you missed the RFE submitting date?

But - if you refile - yes, you would have to put "yes" since you actually filed the first one (but was denied).

I would actually appeal the denial (if you have the correct proof that you sent in for the RFE). Also - can you prove you didn't receive the RFE's? (like they sent it to the wrong address or something?)

Hi Bobby! Thanks for your time!

We never got any RFE, none email or hard copy, we called a lot of times to Uscis and the only thing they said is that our case was in process that we had to wait... That's it..

Then we got the 3 touches before the denial... I mean one July 31th, August 1st, August 2nd and then in August 4th the denial...

A friend got a denial too and his lawyer recomend them about refile because the appeals can take a lot of time to get approved and can be more expensive.

What to do?

Linda

You must provide primary and secondary evidence that you have met in person in the two years prior to filing the petition. Not sure why they chose to deny rather than send an RFE, maybe because there was nothing at all. DID you meet in person in the two years before filing the petition? If yes, and you have proof, then an appeal could be of some good. If you did not, an appeal will be a waste of time and money...you do not qualify. Your only option woul dbe to get together in person, document it well and re-file. You would answer "YES" you have previously filed a petition. You would not need a waiver as you do not have an approved petition within the last two years, but I would include a cover letter explanation when you re-file.

Thanks Gary and Alla!

Well before file we hadn't 2 years we had just 1 year and 6 months, now we have 2 years, so after all the comments and search I think refile is the best option...

Thanks so much again!

Linda

You are misunderstanding the rule. You do not need to KNOW someone for two years, you have to have met at least ONE time with two years before filing. You could meet someone TODAY and file tomorrow, but you must have been together in person within the last two years at least one time. It does not matter if you "knew someone" for 1.5 years or 10 years, you MUST have MET IN PERSON. If you can provide evidence of that you are good to go (provided you meet the other qualifications)

However, it may be easier just to refile.