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Petition Denied-Appeal for Reconsideration

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Filed: K-1 Visa Country: Philippines
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Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

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Filed: K-1 Visa Country: United Kingdom
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Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

What was their exact reason for rejecting your application?

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Filed: K-1 Visa Country: Philippines
Timeline

What was their exact reason for rejecting your application?

Incorrect ID Picture and they said we didnt submit the divorce decree of my fiance, which he did submit last september

together with the requested documents.

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Filed: Citizen (apr) Country: Ireland
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I have heard of appeals lasting 6 months or longer, I am sorry to say.

Maybe you can ring them to make sure it was at least received?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: K-1 Visa Country: United Kingdom
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Incorrect ID Picture and they said we didnt submit the divorce decree of my fiance, which he did submit last september

together with the requested documents.

Ah that makes a bit more sense. Although I'm sure they would have needed the divorce decree a lot sooner in the process. Maybe your pictures weren't recent enough?

I agree with Penguin - definitely call to check they have at least received your resubmitted documents.

I wonder why it wasn't turned around earlier on as an RFE?

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Filed: Citizen (apr) Country: Ukraine
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Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

Were you denied? Or you received an RFE? Was the divorce final BEFORE you filed the petition initially. Also you are very vague in your description. "Last March" when is this? Exactly. March 2009? march 2008? And what does "last September" mean? 2009? 2008? And what does "accomplished all the requirements" mean. It sounds to me like you did NOT accomplish all the requirements. I also do not belive you waited for 5 months to receive the NOA1. Do you mean the NOA2? Was the PETITION denied or was the visa denied? Did you have an interview?

And please state exactly the date the peition was filed and exactly the reason it was denied.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Ukraine
Timeline
Incorrect ID Picture and they said we didnt submit the divorce decree of my fiance, which he did submit last september

together with the requested documents.

Ah that makes a bit more sense. Although I'm sure they would have needed the divorce decree a lot sooner in the process. Maybe your pictures weren't recent enough?

I agree with Penguin - definitely call to check they have at least received your resubmitted documents.

I wonder why it wasn't turned around earlier on as an RFE?

We still do not know enough. Need exact dates, need to know if this is a petition or a visa. Who was the evidence submitted to. We don't know if it wasn't an RFE.

She said in the OP that they filed "last March" and no wsays he sent the divorce decree "last september" Please stop referring to dates as "last..." Please refer to exact months and years, it makes a BIG difference.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: K-1 Visa Country: Philippines
Timeline
Incorrect ID Picture and they said we didnt submit the divorce decree of my fiance, which he did submit last september

together with the requested documents.

Ah that makes a bit more sense. Although I'm sure they would have needed the divorce decree a lot sooner in the process. Maybe your pictures weren't recent enough?

I agree with Penguin - definitely call to check they have at least received your resubmitted documents.

I wonder why it wasn't turned around earlier on as an RFE?

we submitted recent picture. i was just wondering why we didnt received any notice that they received our

documents since the checked was already cleared last Oct. 14.

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Filed: K-1 Visa Country: Philippines
Timeline
Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

Were you denied? Or you received an RFE? Was the divorce final BEFORE you filed the petition initially. Also you are very vague in your description. "Last March" when is this? Exactly. March 2009? march 2008? And what does "last September" mean? 2009? 2008? And what does "accomplished all the requirements" mean. It sounds to me like you did NOT accomplish all the requirements. I also do not belive you waited for 5 months to receive the NOA1. Do you mean the NOA2? Was the PETITION denied or was the visa denied? Did you have an interview?

And please state exactly the date the peition was filed and exactly the reason it was denied.

Yes the petition was denied but we were given option. yes the divorce was final before we filed the petition.

We filed the Petition last march 27, 2009. Received RFE last August. Submitted all the requirements first week of sept .

on the third week of september received notice of denial.

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Filed: K-1 Visa Country: Philippines
Timeline
Incorrect ID Picture and they said we didnt submit the divorce decree of my fiance, which he did submit last september

together with the requested documents.

Ah that makes a bit more sense. Although I'm sure they would have needed the divorce decree a lot sooner in the process. Maybe your pictures weren't recent enough?

I agree with Penguin - definitely call to check they have at least received your resubmitted documents.

I wonder why it wasn't turned around earlier on as an RFE?

We still do not know enough. Need exact dates, need to know if this is a petition or a visa. Who was the evidence submitted to. We don't know if it wasn't an RFE.

She said in the OP that they filed "last March" and no wsays he sent the divorce decree "last september" Please stop referring to dates as "last..." Please refer to exact months and years, it makes a BIG difference.

we only received 1 RFE just last august 2009

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Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

Were you denied? Or you received an RFE? Was the divorce final BEFORE you filed the petition initially. Also you are very vague in your description. "Last March" when is this? Exactly. March 2009? march 2008? And what does "last September" mean? 2009? 2008? And what does "accomplished all the requirements" mean. It sounds to me like you did NOT accomplish all the requirements. I also do not belive you waited for 5 months to receive the NOA1. Do you mean the NOA2? Was the PETITION denied or was the visa denied? Did you have an interview?

And please state exactly the date the peition was filed and exactly the reason it was denied.

Yes the petition was denied but we were given option. yes the divorce was final before we filed the petition.

We filed the Petition last march 27, 2009. Received RFE last August. Submitted all the requirements first week of sept .

on the third week of september received notice of denial.

What exactly did the RFE request and what did you provide? Are you sure you provided everything requested? Did you mail your 'requirements' back as requested, with the RFE form attached on top?

Petitions rarely get denied right from the get-go if all eligibility and documentary requirements are met. In your case an RFE was issued and you say you complied w/ the requirements. I wonder if you may have missed something?

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Filed: Citizen (apr) Country: Ukraine
Timeline
Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

Were you denied? Or you received an RFE? Was the divorce final BEFORE you filed the petition initially. Also you are very vague in your description. "Last March" when is this? Exactly. March 2009? march 2008? And what does "last September" mean? 2009? 2008? And what does "accomplished all the requirements" mean. It sounds to me like you did NOT accomplish all the requirements. I also do not belive you waited for 5 months to receive the NOA1. Do you mean the NOA2? Was the PETITION denied or was the visa denied? Did you have an interview?

And please state exactly the date the peition was filed and exactly the reason it was denied.

Yes the petition was denied but we were given option. yes the divorce was final before we filed the petition.

We filed the Petition last march 27, 2009. Received RFE last August. Submitted all the requirements first week of sept .

on the third week of september received notice of denial.

OK, I tried to read your timeline and it has not been updated. So you did not receive an NOA1 last August, you received an RFE. You did not satisfactorily respond to the RFE. So you have failed TWICE to submit the divorce decree? I mean you say that he submitted it with the peition, but you got an RFE for it. Maybe they lost it...once. So he responded to the RFE and sent it again. And what? They lost it again?

It would help us, now that we know what is going on, if you could give us the exact wording of the RFE and the exact wording of the denial.

And have you appealed the denial? Appeals can take many many months. If you are at that stage, it will be faster and cheaper to withdraw the petition and start over, OR have your fiancee come to the PIs and marry you, then file for a CR-1

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: K-1 Visa Country: Philippines
Timeline
Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

Were you denied? Or you received an RFE? Was the divorce final BEFORE you filed the petition initially. Also you are very vague in your description. "Last March" when is this? Exactly. March 2009? march 2008? And what does "last September" mean? 2009? 2008? And what does "accomplished all the requirements" mean. It sounds to me like you did NOT accomplish all the requirements. I also do not belive you waited for 5 months to receive the NOA1. Do you mean the NOA2? Was the PETITION denied or was the visa denied? Did you have an interview?

And please state exactly the date the peition was filed and exactly the reason it was denied.

Yes the petition was denied but we were given option. yes the divorce was final before we filed the petition.

We filed the Petition last march 27, 2009. Received RFE last August. Submitted all the requirements first week of sept .

on the third week of september received notice of denial.

OK, I tried to read your timeline and it has not been updated. So you did not receive an NOA1 last August, you received an RFE. You did not satisfactorily respond to the RFE. So you have failed TWICE to submit the divorce decree? I mean you say that he submitted it with the peition, but you got an RFE for it. Maybe they lost it...once. So he responded to the RFE and sent it again. And what? They lost it again?

It would help us, now that we know what is going on, if you could give us the exact wording of the RFE and the exact wording of the denial.

And have you appealed the denial? Appeals can take many many months. If you are at that stage, it will be faster and cheaper to withdraw the petition and start over, OR have your fiancee come to the PIs and marry you, then file for a CR-1

If I were in this situation I would withdraw the petition & start over. When resubmitting I would ask for an expedite based on USCIS error (which is one of the valid choices listed by USCIS). Of course you would need proof that USCIS screwed the pooch by losing the RFE documents (e.g. a tracking receipt from the post office).

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Filed: Other Country: China
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Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

Were you denied? Or you received an RFE? Was the divorce final BEFORE you filed the petition initially. Also you are very vague in your description. "Last March" when is this? Exactly. March 2009? march 2008? And what does "last September" mean? 2009? 2008? And what does "accomplished all the requirements" mean. It sounds to me like you did NOT accomplish all the requirements. I also do not belive you waited for 5 months to receive the NOA1. Do you mean the NOA2? Was the PETITION denied or was the visa denied? Did you have an interview?

And please state exactly the date the peition was filed and exactly the reason it was denied.

Yes the petition was denied but we were given option. yes the divorce was final before we filed the petition.

We filed the Petition last march 27, 2009. Received RFE last August. Submitted all the requirements first week of sept .

on the third week of september received notice of denial.

OK, I tried to read your timeline and it has not been updated. So you did not receive an NOA1 last August, you received an RFE. You did not satisfactorily respond to the RFE. So you have failed TWICE to submit the divorce decree? I mean you say that he submitted it with the peition, but you got an RFE for it. Maybe they lost it...once. So he responded to the RFE and sent it again. And what? They lost it again?

It would help us, now that we know what is going on, if you could give us the exact wording of the RFE and the exact wording of the denial.

And have you appealed the denial? Appeals can take many many months. If you are at that stage, it will be faster and cheaper to withdraw the petition and start over, OR have your fiancee come to the PIs and marry you, then file for a CR-1

If I were in this situation I would withdraw the petition & start over. When resubmitting I would ask for an expedite based on USCIS error (which is one of the valid choices listed by USCIS). Of course you would need proof that USCIS screwed the pooch by losing the RFE documents (e.g. a tracking receipt from the post office).

No need to withdraw a denied petition. It's already denied. Sounds like you replied to the RFE incorrectly, too late or both. Time to file again and get it right this time. You might consider professional assistance.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Filed: Citizen (apr) Country: Ukraine
Timeline
Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

Were you denied? Or you received an RFE? Was the divorce final BEFORE you filed the petition initially. Also you are very vague in your description. "Last March" when is this? Exactly. March 2009? march 2008? And what does "last September" mean? 2009? 2008? And what does "accomplished all the requirements" mean. It sounds to me like you did NOT accomplish all the requirements. I also do not belive you waited for 5 months to receive the NOA1. Do you mean the NOA2? Was the PETITION denied or was the visa denied? Did you have an interview?

And please state exactly the date the peition was filed and exactly the reason it was denied.

Yes the petition was denied but we were given option. yes the divorce was final before we filed the petition.

We filed the Petition last march 27, 2009. Received RFE last August. Submitted all the requirements first week of sept .

on the third week of september received notice of denial.

OK, I tried to read your timeline and it has not been updated. So you did not receive an NOA1 last August, you received an RFE. You did not satisfactorily respond to the RFE. So you have failed TWICE to submit the divorce decree? I mean you say that he submitted it with the peition, but you got an RFE for it. Maybe they lost it...once. So he responded to the RFE and sent it again. And what? They lost it again?

It would help us, now that we know what is going on, if you could give us the exact wording of the RFE and the exact wording of the denial.

And have you appealed the denial? Appeals can take many many months. If you are at that stage, it will be faster and cheaper to withdraw the petition and start over, OR have your fiancee come to the PIs and marry you, then file for a CR-1

If I were in this situation I would withdraw the petition & start over. When resubmitting I would ask for an expedite based on USCIS error (which is one of the valid choices listed by USCIS). Of course you would need proof that USCIS screwed the pooch by losing the RFE documents (e.g. a tracking receipt from the post office).

No need to withdraw a denied petition. It's already denied. Sounds like you replied to the RFE incorrectly, too late or both. Time to file again and get it right this time. You might consider professional assistance.

Understood it is denied, but she states in post 1 they have filed an appeal. Would they need to withdraw the appeal? Agreed, I used the worng term "petition"

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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