K1 Visa ...timed out

[ozgurl 0]

Oh boy, that's sad news... I'm sorry to hear that! The information about your denials are still not very clear to me either (just like with the previous replies).

Here's how I understand your case, please correct me if I'm wrong:

~ In 2008 - I129-F Petition was approved, but it timed out because you didn't go to the interview (no way this petition can be re-opened)

~ So, you had to file another petition in July 2010 - I129-F Petition was re-filed (for the second time, right?)

when did you get the notice that our second petition got denied by USCIS???

When did you file your appeal and how???

When was the appeal denied???

Your fiance in the US can contact his Senator to ask some help on your case.

He can also visit a local USCIS office in his state to ask for advise.

Another option is maybe for your fiance to marry you in Australia, make dozens of proof that the relationship is genuine, and file for an immediate relative visa petition instead of a fiance visa petition. The process will sure take a long time, but it's worth a try if all else fails...

Ok we found out December 31st 2010 that it was denied and the denail of appeal we found out 31st Jan 2011....we are devastated

[ozgurl 0]

Ok we found out December 31st 2010 that it was denied and the denail of appeal we found out 31st Jan 2011....we are devastated

Thank you i have to go to work now

[Penguin_ie 5,986]

Ok so you never had a visa or even an interview, it was the petition that was denied. That is strange- where a petition is denied, it is usually because the couple is not free to marry (not properly divorced etc), or they have not met in person within the last 2 years.

So, yet again- who denied you, and what proof exactly did you send (chat logs, emails, phone logs- from when to when, how many photos etc). How many times did you visit eachother and when was the last time?

[Mike&Cherry 45]

Sorry this happened to you. You should really have your fiance come onto this site to explain what he did in the process. I'm sure he will get great advice on what to do next once we figure out what was actually done.

Also did your fiance submit phone records, emails and chat logs to prove an ongoing relationship?

[Rebecca Jo 1,962]

I don't think anyone can truly help you unless you give us a better idea of the sequence of events.

I would like to know (in chronological order) the timeline of the 2008 case and the 2010 case and the dates of your visits to each other.

[JimVaPhuong 4,863]

When was the last time you and your fiance saw each other face-to-face? If it wasn't within two years of filing then you aren't eligible. If it WAS within two years of filing, did your fiance send evidence of that meeting with the petition?

[Boiler 43,436]

When was the last time you and your fiance saw each other face-to-face? If it wasn't within two years of filing then you aren't eligible. If it WAS within two years of filing, did your fiance send evidence of that meeting with the petition?

I got all the way to the bottom of this thread wondering the same thing.

[Barbara J 115]

I got all the way to the bottom of this thread wondering the same thing.

I think that might be the problem that when they filed again in 2010 or appealed in 2010 that they had not seen each other in the past 2 years. The story seems strange but not enough detail well not explained enough in point from would be good cause I remember OZGURL

[leahandlucas 15]

From what I see in this situation is 2 things....the 2 year requirement of seeing each other hasn't occured, and if I did, there has not been enough evidence sent.

And the second thing I am trying to understand, the OP states that she never went to the interview?...well..when you don't go to the interview, there is a particular time frame given, if you don't go, the petition goes dead and you have to start all over again.

Had you gone to the interview,...had it approved, visa in your passport, then giving you 6 months to enter and had not been able to...depending on a case-by-case basis, the consulate extends the K-1 visa for you for a little while longer.

I know this for a fact because my friend had that happen with her fiancee`, he couldn't make it within the 6 month period due to university etc, etc. She flew down there, they visited personally with the consulate and had it extended a few more months and they were good to go...

[ozgurl 0]

We did see each other in feb 2010 and he is also coming over to see me in 2 weeks

[pushbrk 12,113]

We did see each other in feb 2010 and he is also coming over to see me in 2 weeks

So was that visit before or after your fiance filed the second I-129F petition in your behalf?

[Afrikan Queen 11]

Sorry for your denial. Your case is one of the few where I recommend the "L" word. Lawyer.

Good LucK!

So far the best idea I've heard for your situation.

[ozgurl 0]

So was that visit before or after your fiance filed the second I-129F petition in your behalf?

He refiled 1-129F petition in July 2010 therefore after his visit. Does anyone know what we can do now??

[pushbrk 12,113]

He refiled 1-129F petition in July 2010 therefore after his visit. Does anyone know what we can do now??

You can file again and do it right this time. Your denial makes no sense so far though. Getting a petition approved carries a very low standard. As long as you're both single, he's not a child molester, you file the necessary documents along with actual evidence of being together in the same place in the two years prior to the filing date, the petition should be approved.

The only explanation I can think of is that you failed to provide evidence asked for. Photographs together are not evidence of meeting in the past two years. Did you include primary evidence like boarding passes or passport stamps? What exactly was the text explaining the reasons in the letter denying the petition?

[ozgurl 0]

You can file again and do it right this time. Your denial makes no sense so far though. Getting a petition approved carries a very low standard. As long as you're both single, he's not a child molester, you file the necessary documents along with actual evidence of being together in the same place in the two years prior to the filing date, the petition should be approved.

The only explanation I can think of is that you failed to provide evidence asked for. Photographs together are not evidence of meeting in the past two years. Did you include primary evidence like boarding passes or passport stamps? What exactly was the text explaining the reasons in the letter denying the petition?

They wrote new facts were not supported ....we sent photos stamps of my fiancee arriving in Australia from his passport and that we had been together for 7 years and the reason we didnt proceed when the petition was approved eg my daughter having a baby ....it did mention that there were no affidavits because we thought that was not required....we are not giving up but my fiancee said that at the end of the page that the petition was dismissed.