bad news- fiance visa

[cbark 0]

All,

i received my I797 on May 26th, yesterday received a denied notice online. I called USCIS and they said i will get a letter and can file a motion to reopen my case.

After i applied for the I129 F i mailed a completed packet to USCIS with all documents required. I was not able to send the documents when i applied.

I did this because i was told by USCIS that it may take 4-5 months and i would have time to compile my file and then send it in.

I will get a letter soon explaining what the problem is. I was also instructed by USCIS yesterday to use the info pass and see officer in person to discuss my case.

Questions:

1. By filing a motion will USICS reopen my case and will i not lose a lot of time or will it take a lot longer ?

2. Can i assume USCIS will keep all the documentation i sent in and reuse it or will i need to redo all my docs and resubmit them again with the motion.

3. Should the info pass meeting help ? I will take all docs with me and supporting proof . I have a lot of proof.

4. Should i get an attorney to represent me? My fiance and i were engaged last month and we were hopefull we would have an approval this month . Now we have a problem and its stressing us a lot. Is an attorney worth using to cure any problem faster ? To me money is no object if the attorney can get faster results.

Do attorneys get better/faster service at USCIS than i would?

Thank you for your ideas .

CB

[Gingerpants 8]

Are you saying that you sent in just the one form and then later sent in the completed package?

I know that you're anxious to get married but unfortunately the process takes a lot longer than 2 months to be completed.

Lawyers do not speed up the process, they only help to sort out issues if you have a difficult case.

[katie & sifa 25]

I've never heard of a case where USCIS was actually able to match up random paperwork sent into them with the correct file unless they specifically asked for the paperwork by sending an RFE. Guarantee that your case was denied because you didn't send in the proper documentation WITH the I-129F in the first place. You will need to completely reconstruct all of your paperwork - and send in a COMPLETE package this time. USCIS will not use whatever paperwork you sent in before.

Hiring a lawyer will not make your case go by faster...everyone has to wait in the same line whether they do everything themselves or pay someone to fill everything out and put the package together. Just follow the instructions, do everything again and send it all in TOGETHER! In my opinion, forget about the original petition you sent in. An infopass will not help, do not file to reopen the case, etc. Just start over and take your time to do it correctly - that will be faster than trying to go through USCIS to open a case that they will likely just deny again or take forever to decide anything on.

Edited September 3, 2010 by katie & sifa

[cbark 0]

Are you saying that you sent in just the one form and then later sent in the completed package?

I know that you're anxious to get married but unfortunately the process takes a lot longer than 2 months to be completed.

Lawyers do not speed up the process, they only help to sort out issues if you have a difficult case.

I received my I797 on MAY 26TH. We have been waitng and i did send the packet in later than the original application . I asked Uscis about his before i did it this way and they said its ok to send the packet later bacuase the processing times are so long.

Thank you

[Gingerpants 8]

I received my I797 on MAY 26TH. We have been waitng and i did send the packet in later than the original application . I asked Uscis about his before i did it this way and they said its ok to send the packet later bacuase the processing times are so long.

Thank you

Okay so I take it this wasn't the reason for your denial then. Definitely find out their reasoning first before doing anything. Was it an immediate denial or was there a RFE first? Can you fill out a timeline so we can see what's been done so far?

[cbark 0]

Okay so I take it this wasn't the reason for your denial then. Definitely find out their reasoning first before doing anything. Was it an immediate denial or was there a RFE first? Can you fill out a timeline so we can see what's been done so far?

I recieved the I797 May 26th

I sent the inofrmation apcket in laeter than the original application at the instruction of UScis

I sent it in approx 30 days ago with our recepit number and by priority mail so i know it was recieved by USCIS.

On Sept 2nd there was notification online i was denied.

I called USCIS and spoke a a ldy there and she said to file a motion once i received the denial letter.

I can only assume no that USCIS did not match up my documents to my application. I sent a very detailed file .

Does anyone know about the motion process? Time line?

thank you

[NigeriaorBust 4,087]

We will probably be able to help best once you get the denial notice in hand. But while you wait , start assembling a complete package and assume that you were denied for lack of information. The cost of trying to keep the original petition alive isn't really worth it, especially since there is a chance that it would not be approved. If there denial is for a reason other than you sent in just the form then fix whatever your problem is and send in a new petition. The instructions tell you what to submit with the application, did you at least submit the required items and the other forms ( bio info ? )

[Dakine 26]

It's NOT a good idea to send in documents at a later date. Some get matched up but a LOT don't.

[Darnell 8,478]

IMO, sending off a 'later packet' is useless.

But - hei ! call USCIS again, get an ISO (see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5 )

and 'plead yer case' one more time, ask to find your documents from this 'second mailing'.

[Aztec&Taino 144]

I recieved the I797 May 26th

I sent the inofrmation apcket in laeter than the original application at the instruction of UScis

I sent it in approx 30 days ago with our recepit number and by priority mail so i know it was recieved by USCIS.

I wonder who gave you that bad piece of advice. The idea sounds tempting though, to send only the I 129 F petition first so that it can sort of "hold" your place ahead in line and later be able to work on gathering the rest of the documents/information needed. Unfortunately, nowhere in the I 129 F instructions does it say that you can actually do this and my guess is that your petition was denied for lack of documentation. I would be surprised if USCIS would have actually found your petition and put the documents that you sent a month ago together in the file. Without a RFE to find your petition would probably be akin to finding a needle in a hay stack! Can you imagine how many petition packets they must receive every day? ... You can wait until you get the letter that should explain what you can do at this point, but it may be that you would need to begin from scratch: send a COMPLETE petition packet and a separate filing fee. Best of luck!

[belinda63 3,038]

1. Without the RFE we can not really advise you as to what to do.

2. Never, ever send additional documents at a later time unless you have an RFE. Thousands and thousands of applications are received yearly and are handled by hundreds of clerks/adjudicators. Can you imagine someone being paid to sort the mail receiving a random package and being expected to search boxes and boxes of files and/or hundreds of offices to try and match this random package with the initial application? It ain't gonna happen.

3. Trying to re-open/appeal the original denial would take more time/cost more money than just refiling the entire package.

4. They will not keep "active" the package of documentation you have already provided. Most likely it will go in a warehouse somewhere or be scanned and destroyed. (Think of the Bush era e-mails)

5. All an attorney can do, if your case is not complicated, is fill in the forms for you, double check everything, and mail it for you. Having an attorney WILL NOT speed up the process and will usually slow it down. Also contacting your congressman will do nothing to speed up the process.

6. It will take about 10-12 months from filing to completion of the process if there are no problems. The wait time just for the petition to be approved is currently around five months, then the beneficiary must submit documents, medical exam, and interview for the visa. This is not a quick process.

So what to do? First wait until you have the RFE and determine why the original application was denied. If it was for lack of documentation/incomplete application this will be simple to address by filing ALL the required forms, signing them in blue ink is recommended, and filing ALL the forms along with your documentation in one envelope. Please see the guides above and follow them closely. Many of us filed for K-1's without attorneys very successfully.

If the denial is for a different reason we will be happy to try to assist you.

[flustered 14]

I recieved the I797 May 26th

I sent the inofrmation apcket in laeter than the original application at the instruction of UScis

I sent it in approx 30 days ago with our recepit number and by priority mail so i know it was recieved by USCIS.

On Sept 2nd there was notification online i was denied.

I called USCIS and spoke a a ldy there and she said to file a motion once i received the denial letter.

I can only assume no that USCIS did not match up my documents to my application. I sent a very detailed file .

Does anyone know about the motion process? Time line?

thank you

Motion is $585 amd it takes anywhere from 60-180 days to be completed

[slangofoil 50]

I received my I797 on MAY 26TH. We have been waitng and i did send the packet in later than the original application . I asked Uscis about his before i did it this way and they said its ok to send the packet later bacuase the processing times are so long.

Thank you

Let this be a lesson to you that the USCIS customer service line is mostly useless. Many people have gotten bad and incorrect information from them.

As everyone else said, wait for the denial letter to see what it says, then you'll most likely have to just refile, this time sending all of the necessary documentation WITH the I-129F. Honestly I can't even understand how they accepted the petition in the first place without the required supporting evidence.

[Kathryn41 3,205]

If you received this information from the 1-800 Information line published by USCIS, then you did not receive this advice from USCIS. The 1-800 line is not answered by immigration agents - it is answered by call center staffers who have scripts in front of them. If the question that is asked isn't on their script then they don't have the answer. They have been known, however, to fake an answer and that is what appears to have happened to you. The 1-800 line is also known as the "Misinformation Line".. You can call it 5 times in a row, speak with 5 different people asking each the same question and get 5 different answers - probably all incorrect. They are supposed to forward your call if they don't know the answer to an actual Immigration officer - but they often don't, probably because they are encouraged not to. Regardless, you appear to be a victim of their misinformation. USCIS did not give you the information to send in your form first to be followed by the details second - a non-immigration call center staff person did.

When you receive the letter of denial it will probably say it is because you provided no proof of your right as a US citizen to petition for a fiancee or you provided no proof of the relationship or of meeting your fiancee face to face within the last 2 years - or all three. Guaranteed that the information you submitted a month after the actual petition was never matched up with the petition.

You can try to re-open the file and pay the fee - and hope that in the interim your second package may somehow meet up with your petition - or you can re-file and be sure to include all of the evidence at the same time. You would also need to provide information about the first denial, telling them that you applied that way because you had been told by the 1-800 number that it was alright to do so - and you ended up denied. USCIS needs to be told over and over again about the dangerous misinformation the call center staff give out.

Refiling will probably be quicker than applying to re-open the file - as well as being cheaper. Good luck to you.

Edited September 3, 2010 by Kathryn41

[1HappyGuy 45]

Basically, you are looking at starting over. If you had followed the guidelines on VJ to the letter, this would not have happened. Always send all documentation in with the original application and appropriate fees. If you receive a Request for Evidence (RFE) then respond as quickly and completely as possible. Using an attorney will not speed it up, but if it is a very competent immigration lawyer, then the documents will all be organized when the application is sent in. Filing an appeal in most cases will not improve your time line.

If you had any idea about the amount of documents the USCIS receives every day, you would understand that the logistics of their system is considerably difficult. They use bar codes to scan each file when it changes hands, so they know who was the last person with the file.

Kathryn41 is right on about the 800 number. These people answering the phone haven't got a clue what is going on. They basically look at your case file number and read what is on the web site.

For anyone else preparing their application, study this carefully. Do not file anything until you have provided all the kinds of documents, evidence, etc. that is requested. Make sure you have a complete copy of everything that you send. If you receive an RFE, respond quickly and completely. And mostly wait for the time to pass. :bonk: