K1 FIANCE VISA DENIED - now what appeal or k3 visa?? responder en español tambien

[Pamela&Terry 1]

Hello, Everyone Im new in this forum because I feel I really need help.

Hola a Todos, Soy nueva en este foro y les escribo porque realmente necesito ayuda.

My CASE:

We aplly for a fiance visa the 15 of Sep of 2010, the 28 of March of 2011 we receive a DENIED. We are very sure that the problem is that we DID NOT send any paper like passports or photos, we made a HUGE mistake! We thought that was for the interview so " We apply with mistakes" We havent receive the oficial notificacion letter. We receive this:

"The status of this service request is:

Since the date we received your request, we have denied your case and a denial notice was sent on March 28, 2011 to the address we have on file. If you do not receive the notice within 30 days, please contact customer service at the number provided below"

My Question is: What should we do know?? Get married and try a spouse Visa or Appeal for the Fiance.

We decide a Fiance Visa because we decide it was fair to have one wedding in the States and one wedding in my country, but know we dont know whats better. Since we have read that APPEAL can take time and its not recomended?

Please Help me if you have any suggestions or if you have appeal before, or if you know the spouse visa should be the next step.

Thank you so much for your time!!

[Ryan H 3,796]

Were you denied by USCIS or at the Embassy/Consulate after an interview?

What country is the fiance(e) from?

Need more information.

[Inky 1,110]

K-3 is no longer being processed. You would not be filing for this.

[Pamela&Terry 1]

Were you denied by USCIS or at the Embassy/Consulate after an interview?

What country is the fiance(e) from?

Need more information.

We never get the interview they denied the Visa Aplication. The think is that we DID NOT send the papers like photos or passports BUT they never send us a "Request for Evidence" they send us the ACCEPTANCE and then the INITIAL REVIEW and Now or case is in the DESICION and it says:

"On March 28, 2011, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of March 28, 2011, please call customer service at 1-800-375-5283 for further assistance.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision".

I dont understand why they denial instead of asking for More Papers. Now we dont know what to do. Thank you for your time.

[Pamela&Terry 1]

I forgot im from Ecuador and he is from US, but he live in Germany. We have to live in the states because he works in the Air Force and he cant quit because he has being in the military for 15 years so we decide I should be the one moving first, then maybe when he is retired we can think of moving to Ecaudor.

Other problem is that getting married in Ecuador is imposible because there is a law of 75 days, he should be in Ecuado for that period of time before we get married wich is impossible. So we dont know if we should appeal or get married in germany and apply for a spouse visa.

[Pamela&Terry 1]

K-3 is no longer being processed. You would not be filing for this.

thank you so much, so I Guess just appeal or spouse visa is the solution, I am waiting to see the reasons why they denied the visa, but im very sure it will be not enough papers.Wich I dont understand is why they did not send something "asking for more papers instead of denied" We are so desperate thay we were thiking of consulting with an attorney but I decide to try this website first

[Inky 1,110]

thank you so much, so I Guess just appeal or spouse visa is the solution, I am waiting to see the reasons why they denied the visa, but im very sure it will be not enough papers.Wich I dont understand is why they did not send something "asking for more papers instead of denied" We are so desperate thay we were thiking of consulting with an attorney but I decide to try this website first

Could maybe they have sent a RFE which never reached your fiance so you didn't know you had to submit papers? then you missed the deadline so they denied it?

I would wait and find out what the denial says before consulting any attorneys because they really just fill out the blanks on papers and mail your things.. they can mess up your files just as you did but they cost you lots of money when they mess up!

[Pamela&Terry 1]

Could maybe they have sent a RFE which never reached your fiance so you didn't know you had to submit papers? then you missed the deadline so they denied it?

I would wait and find out what the denial says before consulting any attorneys because they really just fill out the blanks on papers and mail your things.. they can mess up your files just as you did but they cost you lots of money when they mess up!

Thank you so much, I agree I dont think we need and attorney im just worried and frustrated. I know we mess up but I think its because someone told us that the passports , photos come later and we trust them. I will wait for the letter to get here and ask you guys to see if someone can help us. Dont know if appeal is better or what to do!! And to make it worse I have read really bad reviews from the consulate and embassy in Ecuador !

[Penguin_ie 5,987]

It may be quicker to re-file for a K1 rather than appealing, you should look into that.

[moroccogirlny 100]

You can probably refile a K1 petition. Filing a appeal will be a waste of time and lots of money. It seems you did not send the required proof of meeting in the past 2 years. Start gathering all your proof. Read the guides here K1 Guide. There's always help here on VJ. Good luck!

[omo 5]

that is not true, it just gets close if both that 130 and the 129f is approve same time, so pls you need to stop saying that for some people it is important to file both just incase the 130 get a pump. so you can still file i did.

K-3 is no longer being processed. You would not be filing for this.

[Inky 1,110]

that is not true, it just gets close if both that 130 and the 129f is approve same time, so pls you need to stop saying that for some people it is important to file both just incase the 130 get a pump. so you can still file i did.

The K-3 is closed, that is what NO LONGER PROCESSED means.

They stop the I-130 and get the I-129F matched to it and send them BOTH to the NVC. This slows down the petition and then closes the K-3 at the NVC.

[Pamela&Terry 1]

It may be quicker to re-file for a K1 rather than appealing, you should look into that.

Thanks , I have read about that and as you just say It seems appealing is not a good option.

[Pamela&Terry 1]

You can probably refile a K1 petition. Filing a appeal will be a waste of time and lots of money. It seems you did not send the required proof of meeting in the past 2 years. Start gathering all your proof. Read the guides here K1 Guide. There's always help here on VJ. Good luck!

Thank you! i have everything ready because i thought that was for the interview, so I just need to send it. thanks for the good energy and advice!

[Ray-J 2]

Would anyone know if she'll need to pay the application fee again?