Notice of decission was dismmised

[luckytxn 2,265]

What day exactly was the first petition approved? What day exactly was the second petition received by USCIS? Was your first Aussie wife also a K1?

This might be as simple as failing to request a waiver of the multiple filing requirements.

This is all I can make heads and tails of from what I have read so far of this and the other thread. They can't deny a petition if the person never went to the interview and finished pursuing it. It would just time out and that is not a denial. The OP stated that the previous wife and he divorced way back many years ago. It is possible that that petition was still in the system but that would surprise me if it was but possible. They could be seeing that he was married with an old petition in the system to someone and they think he is still married and not able to do a petition with this new one.

So far from what I have seen it may be confusing but nothing that is showing me that nothing can't be done as there has been no ban mentioned at all just denials of something.

[TBoneTX 47,090]

Because both OPs have such trouble explaining so that we can understand it, I believe that they should sit down with a professional who can review the exact correspondence that they received. Unless one of the OPs reproduces the text of these communiques exactly, we may never get beyond the murkiness that pervades two parallel threads.

[KiwiBird 132]

Eventualy she had an affair and filed for divorce. That took a year, as well. It takes a full year of being seperated to get divorced in Australia.

Getting divorced in America can take just as long. (fyi!)

[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/

---

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 in both OP's topics.

Edited February 7, 2011 by Vanessa&Tony

[luckytxn 2,265]

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.visajourn...visa-timed-out/

usaguys topic: http://www.visajourn...-was-dismmised/

---

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

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 in both OP's topics.

Very good timeline. The one thing that has me and I am sure others confused is the reason they are saying for the denial is that no relationship has been established. Well the 2nd petition shows that no interview at the embassy stage to make that determination as the USCIS does not make that type of determination.

In the thread I did read that they had two case numbers and there can be no two case numbers. The first has to be taken care of and that is what a waiver is for. After the waiver they are free to then submit a second petition. This would be a denial but not for no establishment of relationship.

That was the reason I thought maybe a slim possibility that they saw where he had a petition try from way back with a different babe and the USCIS agent saw it in the system and might have denied the new petition for that reason as it may have looked like he was married to someone else and could not have a second petition and relationship going at the same time. This is a slim possibility though and apologize for throwing it out there. This was the only reason that I could see that the USCIS would make any type of determination at the stage they were in.

More than likely it is just they need to clear up the older petitions and start fresh from square one and a clean slate