DENIED 129F NO RFE

[Kevmach 2]

Even with that you daughter must enter the US with a K-2 Visa before her 21st birthday. See the part where it says K-2 Visa Holder's age is fixed at the time they enter the US?

You will not be able to get through Petition Adjudication, NVC pass through, in country Medical & Consulate Interview in less 4 weeks. If she enters on a tourist Visa then she can't adjust status based on a K-2 Visa as she'd need to return to your country for the Visa interview and even if the Tourist Visa entry froze her age (which it doesn't) then once she leaves for the interview (K visas must be processed at the consulate) she would lose that.

So you're right the very recent decision does changes things a little bit but not enough to help you.

We understand all of this that is why we are petitioning.

We are looking for ANSWERS to the questions posted not reiteration of rules and regs that we already know.

there were two questions neither of which most people are answering.

1. has anyone heard of denial w/o notification or reason given. (someone was helpful with an answer to that )

2. Why would the officer suggest the action he did. So if no one knows then don't answer with opinion about our possibilities.

Just the answers to the questions WE ASKED are all we are looking for.

[Sean86 31]

We understand all of this that is why we are petitioning.

We are looking for ANSWERS to the questions posted not reiteration of rules and regs that we already know.

there were two questions neither of which most people are answering.

1. has anyone heard of denial w/o notification or reason given. (someone was helpful with an answer to that )

2. Why would the officer suggest the action he did. So if no one knows then don't answer with opinion about our possibilities.

Just the answers to the questions WE ASKED are all we are looking for.

I would Suggest ask these questions from a good qualified attorney.

[bigdog 376]

We petitioned thru Texas and was forwarded to Vermont in March for my fiance' in NZ and her

After sending the request we discovered we had left the supporting docs out of the package.

I sent a second envelope direct to Vermont and never received a receipt.

July 10th I called to see if the docs had met up with the petition and the officer siad he would have to expedite it to see.

The next day they denied the expedite and sent a letter.

On the 18th the letter arrived and online they posted denial of the I-129F entirely.

Today I called and escalated to a tier two officer who said we would have to wait till the denial letter arrived but that it was probably due to the docs not being located.

He suggested that we should have called as soon as we discovered them missing and he would have sent out an RFE...(We did not know that we could call them at the time.)

He suggested I petition to re open as soon as the letter arrives and send duplicate info.

When I told him that my step daughter was turning 1 Aug 18th and needed to be in USA to qualify for perm status he suggested possibly sending her on a tourist visa.

That seems risky as she could end up here and her mom might have problems with the I-129F.

Has anyone had any experience with a denial without a DOE NOA2 or RFE being sent?

Just file a new I129f and be sure all your documents are included. 1 month old has not bearing on their decision..

[dragonlover 6]

My friend had the same case, uscis denied the 129F outright because they forgot to include the proof of ongoing relationship. The uscis people said he should just reopen the case and should pay $630..but alot of people told them to just file a new application and so they did..they got thier noa2 as soon as 2mos. So i will advice you the same, just file a new application to save you some bucks..goodluck! =)

[Enigma11561 336]

In direct response to your question, "why did the tier two officer tell you what they did"? NO ONE KNOWS. No one here can read the mind of this person. So this question cannot be answered with any level of confidence. I have spoken to these people before and their answers were sometimes right and sometimes wrong. I would suggest you make an infopass appointment as soon as possible ( sometimes they can be made same day, next day) and get in front of another officer and/or the supervisor in charge and ask again.

[Dave&Roza 748]

To answer question #2: The tier 2 officer was just answering your request of getting your daughter to the US by 1 Aug. I believe (as I am no mind reader) that this person was not offering you any imigration advice as to how your daughter could immigrate to the US, just how can she enter the US by 1 Aug. Having spoken to USCIS person I have come to understand that you must be 1) very specific, 2) question their advice as how it pertains to YOUR case, 3) repeat #2. So if you just said, "How do I get my daughter into the US by 1 Aug before she turns 21?" Then his answer makes sense. If you really wanted to know "How can I get my daught who turns 21 on 1 Aug be able to immigrate to the US with me as I am applying for a K-1 visa?" I am betting the answer might have been different. Maybe not. As most have said before, the USCIS people, even the tier 2, may or may not be very knowledgable of ALL the immigration laws, only those they are very fimilar with.

I hope it all works out for you in the end.

Dave

[pushbrk 12,173]

To answer question #2: The tier 2 officer was just answering your request of getting your daughter to the US by 1 Aug. I believe (as I am no mind reader) that this person was not offering you any imigration advice as to how your daughter could immigrate to the US, just how can she enter the US by 1 Aug. Having spoken to USCIS person I have come to understand that you must be 1) very specific, 2) question their advice as how it pertains to YOUR case, 3) repeat #2. So if you just said, "How do I get my daughter into the US by 1 Aug before she turns 21?" Then his answer makes sense. If you really wanted to know "How can I get my daught who turns 21 on 1 Aug be able to immigrate to the US with me as I am applying for a K-1 visa?" I am betting the answer might have been different. Maybe not. As most have said before, the USCIS people, even the tier 2, may or may not be very knowledgable of ALL the immigration laws, only those they are very fimilar with.

I hope it all works out for you in the end.

Dave

In trying to navigate the immigration process, it's important to understand that almost no government employee understands more than the small part or parts of the process with which they themselves are involved, and they couldn't care less about how much time it takes or what is most cost effective. USCIS doesn't issue visas. Consular officers do issue visas and usually understand that there are age-out issues but Consular officers don't handle adjustment of status.

At this point, I think you have the advice you need, which is to file a new petition instead of re-open the original one. This is because it is faster and less expensive. Unfortunately, your daughter is simply out of luck and time with regard to immigrating to the USA as the daughter of a US Citizen's fiancee. She may be able to come here on a student visa, fall in love, marry a USC and adjust status but otherwise you'll be limited to "visiting" each other.

[Deputy Purple 1,294]

1. has anyone heard of denial w/o notification or reason given. (someone was helpful with an answer to that )

Searching VJ for I-129f denied will give you several examples of this and a couple of people have replied in this thread with examples.

2. Why would the officer suggest the action he did. So if no one knows then don't answer with opinion about our possibilities.

Actually that has been addresses as well as possible. We can only guess but the two most likely reasons:

1. Incompetent (not uncommon for US Gov't employees who are difficult if not impossible to fire.

2. They misunderstood your question or answered what they thought you were asking ("How can I get my daughter to the US before her 21st birthday").

Just the answers to the questions WE ASKED are all we are looking for.

If only everything was as simple as that, see number 2 under my response above, maybe the USCIS employee was doing just that.

We are trying to be helpful here. As has been pointed out even with an approved expedite at every stage what you want/need is simply impossible:

Each expedite takes a week to approve (USCIS/NVC/Consulate) so there's 3 weeks.

Transit time from USCIS to NVC is current taking 3 - 4 weeks, we're up to 6 weeks at least.

NVC takes at least 1 week to assign Consulate case number and send it out, that's 7 weeks.

Let's be optimistic and say it only take 1 week from NVC to Consulate we're at 8 weeks already and your daughter celebrated her 21st birthday last month!

Even after the Embassy gets your file it takes at least 1 week for them to process it so you can get an interview scheduled, so here we are 9 weeks.

Now there is no point in thinking about how quickly your consulate processing can happen because we've already missed the deadline.

Unless your US Citizen fiance can get a high level government official to walk your new I-129f through the process in 1 week which includes them personally flying the packet from US Citizen => USCIS => NVC => Consulate you simply don't have a chance of making the needed timeline.

I really am sorry but that's the reality of your situation.

Edited July 20, 2011 by Bob 4 Anna

[Andie 147]

There have been a few posts from people who were denied out right, the main reasons being they forgot the check payment or they did not include any evidence just the forms. They are denied, the papers returned and they put the check in and send it back or try to re-open it so they don't have to pay again.

Just wondered what was meant by "they are denied, the papers returned and they put the check in and send it back or try to re-open it so they don't have to pay again." Does this mean that if the missing papers/documents are sent to VSC they may continue to process the petition sometimes? (They did not return any papers to us). I am thinking in terms of saving time either with or without payment and whether there is any possibility?

[pushbrk 12,173]

Just wondered what was meant by "they are denied, the papers returned and they put the check in and send it back or try to re-open it so they don't have to pay again." Does this mean that if the missing papers/documents are sent to VSC they may continue to process the petition sometimes? (They did not return any papers to us). I am thinking in terms of saving time either with or without payment and whether there is any possibility?

Good questions. When a check isn't included, the petition is "rejected" not "denied" and the whole package is sent back. When a petition is "denied" like yours was, nothing is sent back. You just get the denial notice. No, you cannot avoid paying another fee.

[Andie 147]

Good questions. When a check isn't included, the petition is "rejected" not "denied" and the whole package is sent back. When a petition is "denied" like yours was, nothing is sent back. You just get the denial notice. No, you cannot avoid paying another fee.

So it is either re-open or new petition - and the new petition is quicker. I expected to have to pay another fee... my main concern is the time factor. thanks Pushbrk..

Edited July 25, 2011 by Andie

[Gary and Alla 3,694]

We understand all of this that is why we are petitioning.

We are looking for ANSWERS to the questions posted not reiteration of rules and regs that we already know.

there were two questions neither of which most people are answering.

1. has anyone heard of denial w/o notification or reason given. (someone was helpful with an answer to that )

2. Why would the officer suggest the action he did. So if no one knows then don't answer with opinion about our possibilities.

Just the answers to the questions WE ASKED are all we are looking for.

1. Yes

2. The adjudicators have the option to deny a petition without an RFE when no clear eligibility for a benefit is indicated. When a petition is so completely lacking in any documentation, as yours was, they CAN deny it on its face. In your case, they did.

As I said earlier, any expectation that a petition filed in March would result in a visa for a person before August of the same year was unrealistic in the current situation that has exosted for the past three years to begin with, even if the petition had been without flaw.

Your situation is caused by two problems...one is the timing was unfortunate for your daughter and the other is what is referred to in plane crashes as "pilot error"

Your next opportunity to petition your adult daughter will come when you are a citizen. The good news is that since she is from NZ she can visit easily and about as much as she likes.

[Gary and Alla 3,694]

Just wondered what was meant by "they are denied, the papers returned and they put the check in and send it back or try to re-open it so they don't have to pay again." Does this mean that if the missing papers/documents are sent to VSC they may continue to process the petition sometimes? (They did not return any papers to us). I am thinking in terms of saving time either with or without payment and whether there is any possibility?

If a petition is not signed, the petition is returned with the check, even if everythig else was there. If a check is not included then the entire package is returned.

If the petition is signed and a check for payment included then the petition is accepted for processing but CAN be denied later, much later, for no clear eligibility. They also COULD have sent an RFE and some people in your case HAVE received an RFE. An RFE for "everything" basically. In your case the adjudicator denied, which they CAN do. Filing a motion to re-open, I -290, can be done but costs more and probably takes longer.

It isn't that you can't re-open or "fight it", you CAN. What you can't do is anything faster, better or cheaper than filing a new petition

[pushbrk 12,173]

So it is either re-open or new petition - and the new petition is quicker. I expected to have to pay another fee... my main concern is the time factor. thanks Pushbrk..

Quicker and less expensive. No reason why you can't get it done in the next couple days.