I- I 29F petiton got denied. Should we submit appeal or file another K-1

[fmsdjcrzy 0]

Hi Guys,

I really need your help. My I- I 29F petiton got denied due to lack of evidence. I got an email from USCIS

saying"our Case Status:

Decision On May 17, 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 May 17, 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."

We got the letter and the reason why it got declined was due to lack of information, it's frustrating because I called them before submitting my petition and I was told to submit just the I- I 29F form ( that's it, I asked them 3 times) Anyway, on the denial letter, it say's we have an option to appeal and to submit additional information like (proof we met, forms etc)and to $600 fee. Should I refile again instead of submitting an appeal? I heard filing an appeal would take longer. If it's possible to refile, what do I need to do with the initial petition? Do i need to cancel it and send a I- I 29F petiton form? Please advise. Would appreciate your feedback

[charlize56 4]

you did not include anything in your i-129f?likes pictures,chat logs?etc etc

[tonylovesam 8]

Hi Guys,

I really need your help. My I- I 29F petiton got denied due to lack of evidence. I got an email from USCIS

saying"our Case Status:

Decision On May 17, 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 May 17, 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."

We got the letter and the reason why it got declined was due to lack of information, it's frustrating because I called them before submitting my petition and I was told to submit just the I- I 29F form ( that's it, I asked them 3 times) Anyway, on the denial letter, it say's we have an option to appeal and to submit additional information like (proof we met, forms etc)and to $600 fee. Should I refile again instead of submitting an appeal? I heard filing an appeal would take longer. If it's possible to refile, what do I need to do with the initial petition? Do i need to cancel it and send a I- I 29F petiton form? Please advise. Would appreciate your feedback

Step-by-Step Guide on How to File for a K-1 Visa for your Foreign Fiance(e)

These are the basic steps required by the US Citizen. These steps should be followed as a guideline and not as specific requirements for any given case. Every case is unique and this does not address that uniqueness.

NOTE: For an overview of the entire K-1 Visa process, please see the K-1 Flowchart.

Download the Following Forms:

1. I-129F

2. G-325a

3. G-1145 (optional)

The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-129F Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):

1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted.

2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

3. Form I-129F: Petition for Alien Fiance(e) (see example)

4. Declaration of how you met in person in the last two years. This should be a single typed page attachment regarding question 18 of the I-129F. Make sure to sign and date it.

5. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example)

6. Proof of having met in past two years. (click here for examples)

7. G-325A filled out by the US Citizen signed and dated (see example).

8. One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

9. G-325A filled out by the foreign fiance(e) signed and dated (see example).

10. One passport-type photo (see specification) of the foreign fiance(e). Write the full name of the foreign fiance(e) on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance(e) name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

11. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship.

12. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance(e) ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact.

13. Proof of Legal Name Change if either the US Citizen and/or foreign fiance(e) is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.

14. In regards to Section C Question 2, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See section 9 of the I-129f instructions for more information.

Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship:

Use as many of these items are possible. There is no minimum, but the more you can provide the less likely you are that you will receive an RFE. Additionally, please note that providing proof of your ongoing and genuine relationship in this package may benefit you by allowing the consulate to have access to this information prior to them formally contacting the non US Citizen fiance. Many high risk consulates approach cases with a skeptical eye and providing this information early on in the original I-129F package will help them in their preliminary review of your case.

1. Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file.

2. Color Photo's of you and your fiance(e) together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a company such as kodakgallery.com. You can also make duplicates of photo's at your local photo store (Walgreeens, CVS, etc). Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back.

3. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of phone bills, cell phone bills, emails (you can edit personal info with a marker), letters (edit personal info also), stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)

Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Mail the I-129F Package to the USCIS

You should mail the completed form(s) to the USCIS Dallas Lockbox. Mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!

Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.

Create a VJ Timeline

Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take!

What to send to your fiance(e) once the I-129F is approved (Receive NOA2):

1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one).

2. Send all originals of the documentary proof that you submitted for the I-129F to your fiance(e) for their interview at the embassy.

3. Send an original letter affirming your desire to marry your fiance(e) and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F).

4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

5. You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these ASAP after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134. See this FAQ for more tips and ueful information on the Affidavit of Support Form.

6. A copy of the NOA2 that you received in the mail.

7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, etc from between the time you filed and present (NOA1 date-now).

Examples: Copies of phone bills, cell phone bills, emails (you can edit personal info with a marker), letters (edit personal info also), stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)

NOTE: Tip Regarding Vaccination Records

The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available).

[TracyTN 237]

Even the instructions on the I 129f tell you what supporting documentation to send (even if you hadn't found VJ's 'Guides' section).

I would refile - cheaper than the appeal. Would mention the denial in your cover letter for the new I 129f and that you're now re-submitting with the correct additional paperwork.

[Tim/Mav 305]

Hi Guys,

I really need your help. My I- I 29F petiton got denied due to lack of evidence. I got an email from USCIS

saying"our Case Status:

Decision On May 17, 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 May 17, 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."

We got the letter and the reason why it got declined was due to lack of information, it's frustrating because I called them before submitting my petition and I was told to submit just the I- I 29F form ( that's it, I asked them 3 times) Anyway, on the denial letter, it say's we have an option to appeal and to submit additional information like (proof we met, forms etc)and to $600 fee. Should I refile again instead of submitting an appeal? I heard filing an appeal would take longer. If it's possible to refile, what do I need to do with the initial petition? Do i need to cancel it and send a I- I 29F petiton form? Please advise. Would appreciate your feedback

Did they Cash your check? Not $600.00 but $340.00.

A Denial on a 129-F Petition? Not a RFE. More Evidence Required. Did they tell you what you left out of the Petition so you can address that?

Pay them again? Why? You can send Information that they need within a Timeframe. (Says so above in our own Post)

For an Action like this there was a terrible mistake on the Petition and the Counselor said: This is Incomplete and I'm not going to waste my time with it. So, I ask again... Did they Cash your Check for the Filing Fee ?

What was the specific reason for "Lack of Evidence". Do you need to Pay again? No, unless they never cashed your check. Do you need to refile a new 129-F. No, a Ammended Version to address their concerns. Do you need to act quickly: Yes

I'am a confused as others here because it does not state the reason(s) for Denial. (From your Post)

It's a start. And a long ways to go

[NigeriaorBust 4,087]

If your petition was totally lacking the required items in the instruction they can deny without an RFE. To appeal is more expensive than a new petition ( 600 vs 340) and takes you out of the nromal time line which gives you less chance to complain. You will need to request a waiver for 2 petitions in 2 years ( just to be safe) plus provide a complete package this time.

[Gary and Alla 3,694]

Hi Guys,

I really need your help. My I- I 29F petiton got denied due to lack of evidence. I got an email from USCIS

saying"our Case Status:

Decision On May 17, 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 May 17, 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."

We got the letter and the reason why it got declined was due to lack of information, it's frustrating because I called them before submitting my petition and I was told to submit just the I- I 29F form ( that's it, I asked them 3 times) Anyway, on the denial letter, it say's we have an option to appeal and to submit additional information like (proof we met, forms etc)and to $600 fee. Should I refile again instead of submitting an appeal? I heard filing an appeal would take longer. If it's possible to refile, what do I need to do with the initial petition? Do i need to cancel it and send a I- I 29F petiton form? Please advise. Would appreciate your feedback

Read the guides and forums here. Read the I-129 INSTRUCTIONS available at this site. DO NOT call USCIS and re-submit another I-129f properly completed with all necessary attachments.

[extremerecluse 36]

Hi Guys,

I really need your help. My I- I 29F petiton got denied due to lack of evidence. I got an email from USCIS

saying"our Case Status:

Decision On May 17, 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 May 17, 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."

We got the letter and the reason why it got declined was due to lack of information, it's frustrating because I called them before submitting my petition and I was told to submit just the I- I 29F form ( that's it, I asked them 3 times) Anyway, on the denial letter, it say's we have an option to appeal and to submit additional information like (proof we met, forms etc)and to $600 fee. Should I refile again instead of submitting an appeal? I heard filing an appeal would take longer. If it's possible to refile, what do I need to do with the initial petition? Do i need to cancel it and send a I- I 29F petiton form? Please advise. Would appreciate your feedback

I feel for you man. I think you are stuck between a least costly cancellation of the current I-129F and a refile or the more costly and more time consuming appeal. Please, please, please thoroughly study this website for a minimum of one week before proceeding with the new K1 petition. I went solo just like you and I thought I would get denied, but at least I had the basic documents which saved my rear. There is a wealth of knowledge here and you would be foolish to ignore it again. Take my advice; start over. At least this time, you will have peace of mind, knowing that you have crossed all your Ts and dotted all of your Is. But, you can appeal, and it will most likely take you just as much time as a refile and cost you plenty.

[paojack 41]

wow! I did not think that could happen, specially after all the wait Good Luck!

[Moomin 292]

If you decide to refile a new petition it might be a good idea to take a copy of the official denial and then ad your own statement along with it.

The service level at USCIS is notorious for not being that helpful unless you get your call escalated and even then, you still might not find the right answer whether to refile of appeal.

Read those guides carefully as others have suggested. USCIS requires proof of having met once(or more) in person within the last two years - that does not mean chatlogs are useful at this stage.

[dindo and patty 20]

I am really sorry to hear what happened. Do not despair because all is not lost. It just means that being together with your loved one will take a bit longer. In the end, it is all worth it. Start with the guides here on VJ for the K-1 Fiance Visa. It gives you step-by-step guide. Stick to this website as you can glean plenty of useful information provided by knowledgeable people. Have your Fiance join the Pretty Ladies (VJ) on FaceBook. It is a group of Filipinas who are going through or have gone through the same process. They provide great information regarding the process specific to the Philippines. Spend a week or two reading through here and it will prepare you for submission of an excellent petition. Cheer up and good luck!

Hi Guys,

I really need your help. My I- I 29F petiton got denied due to lack of evidence. I got an email from USCIS

saying"our Case Status:

Decision On May 17, 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 May 17, 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."

We got the letter and the reason why it got declined was due to lack of information, it's frustrating because I called them before submitting my petition and I was told to submit just the I- I 29F form ( that's it, I asked them 3 times) Anyway, on the denial letter, it say's we have an option to appeal and to submit additional information like (proof we met, forms etc)and to $600 fee. Should I refile again instead of submitting an appeal? I heard filing an appeal would take longer. If it's possible to refile, what do I need to do with the initial petition? Do i need to cancel it and send a I- I 29F petiton form? Please advise. Would appreciate your feedback

[KemalTuanaYalcin 16]

Refile and include everything exactly as instructed on the I-129F instructions as listed on the USCIS website

[aguilayserpiente 2]

Hi Guys,

I really need your help. My I- I 29F petiton got denied due to lack of evidence. I got an email from USCIS

saying"our Case Status:

Decision On May 17, 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 May 17, 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."

We got the letter and the reason why it got declined was due to lack of information, it's frustrating because I called them before submitting my petition and I was told to submit just the I- I 29F form ( that's it, I asked them 3 times) Anyway, on the denial letter, it say's we have an option to appeal and to submit additional information like (proof we met, forms etc)and to $600 fee. Should I refile again instead of submitting an appeal? I heard filing an appeal would take longer. If it's possible to refile, what do I need to do with the initial petition? Do i need to cancel it and send a I- I 29F petiton form? Please advise. Would appreciate your feedback

I am sorry for what happened. However, all is not lost and you may yet have some remedies. I am assuming that your petition never left the USCIS, i.e. was never forwarded to the embassy in the Filipines.

I remember a week ago some members heaping ####### on me for submitting 300 pages of supporting documents (for how we met, how our relationship progressed, meeting in the last 24 months, financial support of fiancee, etc). Let's take it step-by-step like any other legal case:

1. First, we really need more information as to what was actually included with your petition.

2. Second, we need to find out what is supposedly missing and why. For all we know you could have included the basics like proof of meeting and an ongoing relationship but the folks at USCIS lost it.

3. Who has reviewed your file.

4. Why were you not contacted via Request for Evidence for more information? I believe that USCIS cashed your check, but then decided to not take the time to contact you via RFE. It is possible that the USCIS ombudsman can help get your case back on track: http://www.dhs.gov/xabout/structure/editorial_0482.shtm . I have never contacted the ombudsman. However, paying $340 for no service is a rip off and falls short of due process.

5. Contact your local Senator or Congressperson for help. Each has staff persons dedicated to immigration issues. I have a sense that Senator Feinstein or Boxer's staff will be displeased that an agency took your money and did not provide you with notice and the opportunity to be heard per Goldberg v. Kelly, 397 U.S. 254 (1970).

6. Request review by the supervisors, keeping in mind any deadline for filing an appeal.

7. Request a refund. The Adjudicator's Manual has a section on refunds.

8. Keep track of any deadlines, e.g. appeal, meeting within the preceding 2 years, etc.

The USCIS Adjudicator's Field Manual, section 10.5, provides in relevant part:

USCIS issues written notices in the form of a request for evidence (

RFE

) to request missing initial or additional evidence from applicants or petitioners who filed for immigration benefits...

Initial case review should be thorough

. Evidence or information not submitted with the application, but contained in other USCIS records or readily available from external sources should be obtained from those sources first rather than going back to the applicant for information or evidence.

In short, an adjudicator should

strive to request the evidence needed for thorough, correct decision-making

.

If an

RFE

is needed, the adjudicator

must

: (1) determine what evidence is lacking and (2) request that evidence.

It does not appear that the field manual has been followed. Therefore, make sure to obtain the PDF version and/or cite to the online Ajudicator's Manual when talking to the USCIS personnel or elected official:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

Stay strong and don't forget your timeline for appealing if you should decide to appeal.

[stu redman 4]

sorry this happened .i only have one thing to add my first k1 was denied because we didn't have the divorce decree because she wasn't divorced and so i too had to start again you don't need a waver that is only if you had a petition approved in 2 years all you have to do is on the first page bottom left of the i129f it ask were you ever denied put yes and give the receipt number and the reason.

good luck

[RCG 3]

Hi Guys,

I really need your help. My I- I 29F petiton got denied due to lack of evidence. I got an email from USCIS

saying"our Case Status:

Decision On May 17, 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 May 17, 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."

We got the letter and the reason why it got declined was due to lack of information, it's frustrating because I called them before submitting my petition and I was told to submit just the I- I 29F form ( that's it, I asked them 3 times) Anyway, on the denial letter, it say's we have an option to appeal and to submit additional information like (proof we met, forms etc)and to $600 fee. Should I refile again instead of submitting an appeal? I heard filing an appeal would take longer. If it's possible to refile, what do I need to do with the initial petition? Do i need to cancel it and send a I- I 29F petiton form? Please advise. Would appreciate your feedback

I would say hire an immigration lawyer to help you out. You don't seem too savvy with the do it yourself process - not to be rude, sorry. It requires a lot of detail work and patience. Once you get to the embassy interview stage it gets very critical to turn in paperwork that has legal authority - i.e. affidavits, but this depends i think on what country ur fiance is from. I am in AP right now because we followed the info on the delhi embassy page that said to turn in extensive evidence of relationship . we turned in 100-200 but we still are stuck at Administrative Processing. If I had read the forums more carefully I would have realized that affidavits are more than just a signed letter that's notarized..It's a legal document with a legal format that you take an oath in front of a notary and sign. I could kick myself now for not researching what the word affidavit meant legally..Anyhow, good luck!