K1 Visa ...timed out

[pushbrk 12,105]

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.

For us to help you, we need complete information using the correct descriptions of what you did. First, they denied the petition and gave you a reason. What was the reason or reasons given, in their words, not your interpretation of them? If you don't know, find out before you answer. What did you send with your appeal that was new? Be specific. Exactly what did they say in their eventual denial?

What was dismissed was your appeal. You appealed the denial of your petition. The result of a dismissed appeal is a firm and final denial of the petition. This doesn't happen without concrete reasons. You can get your help here or get your help from a professional but the questions will be the same. Without answers, NOBODY can help you.

[Inky 1,110]

Can the USC come on VJ and post here to help clear up whats going on. He may be able to better tell us what was in the letters sent to him and what he did with the petition etc.

[Harpa Timsah 13,258]

He posted here:

http://www.visajourney.com/forums/topic/294318-notice-of-decission-was-dismmised/page__view__findpost__p__4459413

[Kathryn41 3,205]

Post containing advertisement link removed - membership being investigated as possible spam.

[VanessaTony 3,567]

OUTLINE OF EVENTS STRUNG TOGETHER FROM BOTH OP'S TOPICS

• 2007 - Filed K1 petition (#1). Petition approved 2008.
  
• 2008 - Police check for visa app #1
  
• 2010 - medical for visa app #1
  
• 2010 - sent P3 docs to US embassy (Australia) for visa app #1 and told petition "timed out"
  
• 2010 - Feb. USC visited Aussie
  
• 2010 - July 7th. Filed K1 petition #2.
  
• 2010 - Dec 23rd. Petition denied Dec 23rd 2010 "no relationship established" (See note 1 below)
  
• 2010 - File appeal (motion to re-open/reconsider) for K1 petition #2 denial. Appeal denied 31 Jan 2011
  
• 2011 - March. USC visiting Australia

Note 1 - Reason for denial "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"

Note 2 - OP has been to see Aussie at least 10 times since relationship started. Been together 7 years

OZgurls topic: http://www.visajourney.com/forums/topic/294186-k1-visa-timed-out/

usaguys topic: http://www.visajourney.com/forums/topic/294318-notice-of-decission-was-dismmised/

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OP's - Did you file the waiver for re-filing so soon? Were you aware you may have had to? This:

2. Filing Limitations on K Nonimmigrant Petitioners.

If you have filed two or more K1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

Based on your posts it appears you MIGHT still be in the two years previous approval. This would be because the petition approval has a set "lifespan" and you stated it was approved in 2008. This means you were probably in the two year issue... but that's not what your denial says (according to what you've written).

If the above doesn't count then I don't know what to suggest to you... You appealed and that was rejected. Your only choice is to repetition. One choice would be to get married when he visits you in 2 weeks and file a CR-1 petition. The problem with that is petitions are hard to get denied... it's the visa application (when you attend an interview in Aus) that you would have the issues and relationship assessment. So I can only think a few things:

1. You didn't file the proper forms. There is no relationship evidence outside of a "letter of intent" so this confuses me.. did you both do letters of intent?

2. Did you fail to respond to an RFE?

3. Did you show appropriate evidence of visiting each other in the last 2 years?

Normally if you were missing anything mentioned above you would get an RFE.. the fact you haven't mentioned and RFE implies you didn't get one and it's weird that you were just straight up denied... makes me think you did get an RFE but didn't receive it or reply in time.

Other ideas

1. Is your first K1 officially over? Did you make sure it's properly closed?

I don't see you being able to get the CR-1 approved simply because you got married because a petition really isn't that hard to get approved and you didn't get it approved.. so that implies that there is something going on somewhere in your case. Something isn't right somewhere and you NEED to get that fixed before you do anything else.

My only suggestion is you take a copy of everything you've submitted and received (I hope you have a copy of everything... you should) to a lawyer when your fiance visits Australia. Make sure he brings a copy of EVERYTHING. Hopefully you are able to get some help to see what you did wrong.

All I can see is that the basics are there (having met in the last 2 years and provided proof of that, paid the fee, this is only the second K1) so you shouldn't have had any issues.. but we don't know the intricate details like whether you sent in everything you were supposed to, whether the first case was closed properly... or whatever else.

Good luck!

**Note: I posted this is both OP's topics

Edited February 7, 2011 by Vanessa&Tony

[Kathryn41 3,205]

Post advocating illegal activity has been removed along with one post quoting same. Acceptable part of post quoting removed post is returned to the thread below. Not only is what was advocated an illegal act, it is a TOS violation for Visa Journey as well.

VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board.

http://www.visajourney.com/content/terms

So, you know this is against the law and yet, you are recommending that they do it? That's visa fraud. Whatever you do at this point, DON'T commit visa fraud.

To the OP, when you say there was no "affadavit" because you didn't think you needed it, what kind of affadavit are you referring to?