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miyavi

What can you do if your petition gets denied?

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You have to wait until it returns to USCIS. They will possible review it and request more evidence from you and if they approve they will send it back to the consulate. They can close it which then you can immediately refile. They can let it expire.


01/2006 - Filed k1(1st time)

04/2006 - Interview (1st time) denied

Waited, waited...... no review

06/2009 - Filed k1 (2nd time)

09/2009 - NOA 2 approved

12/2009 - Interview (2nd time) APPROVED! VISA ISSUED

02/2010 - Arrived USA

04/2010 - Married

AOS Timeline

4/19/2010-Sent to Chicago Lockbox

4/26/2010-Received texts and emails 7th day

4/30/2010-Received NOA's(Hardcopies) 11th day

5/3/2010-Received ASC appointment notice(mailed 4/29/2010)14th day

5/7/2010-Walk-in Biometrics done(2 weeks earlier)18th day

5/13/2010-Case transferred to CSC

6/2/2010- Case received/resumed at CSC

6/18,6/22,6/23 AOS touches

6/28/2010- EAD production and touch on AP

6/29/2010-AOS APPROVED

7/2/2010- 2nd update on EAD production and touched on AP....

7/6/2010- Received "Welcome Letter" and AP document

7/12/2010-Received GREEN CARD and EAD

greencard.jpg

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Depends on where and what the cause of denial.

If for example, the consulate officer denies the visa for "Non Bonafide Relationship" and sends back to USCIS, many simply get married and file an I-130 for a spouse visa.

In the case of K-1 Visa denial at consulate, USCIS will do one of three things with the denied case.

  • They Expire the K-1 petition, and send letter to petitioner to try again.
  • They Re-affirm the petition and send it back to consulate for another interview, they did not believe the consulate's findings.
  • They REVOKE the petition usually placing a mark of MISREPRESENTATION on the case. (This can be serious and can affect any future petitions, it needs to be addressed when petitioner gets the notice of revocation even if they have an I-130 in process for spouse visa.)


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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If your petition gets denied, is there a way to open it back up? And does the process take as long as filing another i129f? What form is it that needs to be filed?

Any facts would be appreciated.

You are asking what happens if your PETITION is denied. Everyone so far has answered as if your VISA is denied.

Are you asking about the petition or visa?

If the petition is denied you would need to find out why. If it's because you weren't free to marry or didn't meet in the last 2 years or something else then you would need to rectify whatever made you ineligible and send another I-129F (payment included).

If the visa is denied you would need to find out why, same as petition. Main difference is the file would be sent back to USCIS which can take many months. You cannot re-apply for another K1 (or CR-1) until the file is back at USCIS and officially closed. It's in your best interests to try everything to keep the file in your home country to appeal the decision otherwise you're up for many months of waiting before you can really do anything.

Edited by Vanessa&Tony

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If the petition is denied, you can appeal the decision. They send a form with the denial and the amount that needs to be paid and the date it all has to be returned by. You follow the instructions, send whatever needs to be sent and pay the fee. We also had our congressman call on our behalf to find out why we were denied, we got a lot of help from his office. All of it seemed to work, we sent everything in and got our NOA2 not long after.


K1 Journey AOS Timeline
2010-01-05: Got engaged 2011-05-14: AOS, EAD, AP Package Sent
2010-03-09: Sent I-129F package 2011-05-16: AOS, EAD, AP Package Received
2010-03-15: NOA 1 2011-05-20: NOA 1 for AOS, EAD, AP
2010-06-08: RFE issued 2011-06-13: Transferred to CSC
2010-06-18: Returned info for RFE 2011-06-17: Biometrics Appointment
2010-07-25: Denied I-129F 2011-07-22: EAD/AP Approved
2010-08-13: Sent appeal 2011-07-27: AOS Approved
2010-08-24: NOA 2
2010-11-05: Packet 3 returned to Vancouver
2010-12-01: Medical
2010-12-01: Interview-APPROVED!!
2010-12-15: Visa received
2011-02-18: POE North Portal/Portal
2011-03-18: Got Married!

ROC Timeline
2013-06-20: ROC Package Sent

2013-06-24: ROC Package Received

2013-06-24: NOA 1

2013-07-25: Biometrics Appointment

2013-09-04: ROC Approved

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My petition hasn't been denied. I'm just in a really tight spot for certain reasons. Nothing that could stop me from appealing the case once i got the materials i need. You might have to look at my content to understand why.

If the petition is denied, you can appeal the decision. They send a form with the denial and the amount that needs to be paid and the date it all has to be returned by. You follow the instructions, send whatever needs to be sent and pay the fee. We also had our congressman call on our behalf to find out why we were denied, we got a lot of help from his office. All of it seemed to work, we sent everything in and got our NOA2 not long after.

So after they deny it, they send you the form? how do you get the form? Who did you talk to when you call your congressman? And congratulations! I can imagine how happy you must've been after getting approved! congrats!

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My petition hasn't been denied. I'm just in a really tight spot for certain reasons. Nothing that could stop me from appealing the case once i got the materials i need. You might have to look at my content to understand why.

So after they deny it, they send you the form? how do you get the form? Who did you talk to when you call your congressman? And congratulations! I can imagine how happy you must've been after getting approved! congrats!

They do send a form explaining why the denial and it gives you a chance to appeal. We got it in the mail, it was sent to my fiance, he's the US citizen. We talked to our congressman's assistant and she did all the calling and inquiries for us. She has called a few times just to check in to see how things are progressing.

Thank you, we were extremely happy.


K1 Journey AOS Timeline
2010-01-05: Got engaged 2011-05-14: AOS, EAD, AP Package Sent
2010-03-09: Sent I-129F package 2011-05-16: AOS, EAD, AP Package Received
2010-03-15: NOA 1 2011-05-20: NOA 1 for AOS, EAD, AP
2010-06-08: RFE issued 2011-06-13: Transferred to CSC
2010-06-18: Returned info for RFE 2011-06-17: Biometrics Appointment
2010-07-25: Denied I-129F 2011-07-22: EAD/AP Approved
2010-08-13: Sent appeal 2011-07-27: AOS Approved
2010-08-24: NOA 2
2010-11-05: Packet 3 returned to Vancouver
2010-12-01: Medical
2010-12-01: Interview-APPROVED!!
2010-12-15: Visa received
2011-02-18: POE North Portal/Portal
2011-03-18: Got Married!

ROC Timeline
2013-06-20: ROC Package Sent

2013-06-24: ROC Package Received

2013-06-24: NOA 1

2013-07-25: Biometrics Appointment

2013-09-04: ROC Approved

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They do send a form explaining why the denial and it gives you a chance to appeal. We got it in the mail, it was sent to my fiance, he's the US citizen. We talked to our congressman's assistant and she did all the calling and inquiries for us. She has called a few times just to check in to see how things are progressing.

Thank you, we were extremely happy.

May I ask why yours was initially denied?

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If you believe your petition was denied based on their misunderstanding of an issue, you can appeal it. You can get your representatives involved and try as much as possible to keep the application with them. If your appeal does not work and they still return it, depending on the embassy, it may take up to 6 months for the petition to make it's way back to the DHS. And there is only a little chance DHS will reapprove it after that. You need to give us the details why your petition was denied.

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May I ask why yours was initially denied?

We received an RFE for more pictures so we sent those in then received the denial. It said the pictures we sent in were of an unknown persons. We had sent in pictures of us together and us with family and friends. So I'm not sure who or what they were talking about. I'm thinking my fiance didn't put everyone's name on the back just ours before he sent them in. They can be very picky!


K1 Journey AOS Timeline
2010-01-05: Got engaged 2011-05-14: AOS, EAD, AP Package Sent
2010-03-09: Sent I-129F package 2011-05-16: AOS, EAD, AP Package Received
2010-03-15: NOA 1 2011-05-20: NOA 1 for AOS, EAD, AP
2010-06-08: RFE issued 2011-06-13: Transferred to CSC
2010-06-18: Returned info for RFE 2011-06-17: Biometrics Appointment
2010-07-25: Denied I-129F 2011-07-22: EAD/AP Approved
2010-08-13: Sent appeal 2011-07-27: AOS Approved
2010-08-24: NOA 2
2010-11-05: Packet 3 returned to Vancouver
2010-12-01: Medical
2010-12-01: Interview-APPROVED!!
2010-12-15: Visa received
2011-02-18: POE North Portal/Portal
2011-03-18: Got Married!

ROC Timeline
2013-06-20: ROC Package Sent

2013-06-24: ROC Package Received

2013-06-24: NOA 1

2013-07-25: Biometrics Appointment

2013-09-04: ROC Approved

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My petition hasn't been denied. I'm just in a really tight spot for certain reasons. Nothing that could stop me from appealing the case once i got the materials i need. You might have to look at my content to understand why.

So after they deny it, they send you the form? how do you get the form? Who did you talk to when you call your congressman? And congratulations! I can imagine how happy you must've been after getting approved! congrats!

Miyavi,

If the issue is still that you cannot provide proof of your Anmerican citizenship because you don't have a passport and you cannot find your naturalization certificate, then an appeal of a denial would be useless as you would still need to produce copies of either one of the before mentioned documents. The instructions are clear as the I-129 F form requires the petitioner to prove his or her claim to US citizenship (as you know, only US citizens can petition for their fiance(e)s.


August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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