K-1 visa denied

[ST&EE031906xo 0]

Hello everyone,

I am new to VJ.

We really need help. My fiance who is petitioning me just received a denial notice on September 15, 2011 saying that we lack evidence and that we can appeal. They did send him RFE notice and has sent more evidence on July and have received it for review but didn't state we are having a baby. We Sent the I-129f package with evidence of relationship on March 2011 and on April we found out that we are having a baby and will be due on December 10, 2011. I was there while we were getting the I-129f form ready and we didn't put on the form that we are going to have a baby because we have already sent the form. Sorry if I am not making any sense here. My questions are:

• Should we appeal or refile for a K-1 fiance visa?
  
• If we do refile do we need to state that we got denied the first time?
  
• What is the best choice refile or appeal, which will take longer?
  
• Can I refile after receiving denial notice?
  

If anyone can help me with this question I much appreciate it.

Sorry for so many questions.

We just really need help with baby coming on the way. We just want to be together and get our family going for the sake of the baby.

Thanks everyone,

She

[* Kristin * 49]

Sorry, but having a child will have no effect on your visa - approval or denial.

Did they state why you were denied in the letter?

I think you will have to try to appeal; I don't believe you will be able to re-file... but I am NOT positive about this.

Hello everyone,

I am new to VJ.

We really need help. My fiance who is petitioning me just received a denial notice on September 15, 2011 saying that we lack evidence and that we can appeal. They did send him RFE notice and has sent more evidence on July and have received it for review but didn't state we are having a baby. We Sent the I-129f package with evidence of relationship on March 2011 and on April we found out that we are having a baby and will be due on December 10, 2011. I was there while we were getting the I-129f form ready and we didn't put on the form that we are going to have a baby because we have already sent the form. Sorry if I am not making any sense here. My questions are:

• Should we appeal or refile for a K-1 fiance visa?
• If we do refile do we need to state that we got denied the first time?
• What is the best choice refile or appeal, which will take longer?
• Can I refile after receiving denial notice?

If anyone can help me with this question I much appreciate it.

Sorry for so many questions.

We just really need help with baby coming on the way. We just want to be together and get our family going for the sake of the baby.

Thanks everyone,

She

[Gary and Alla 3,694]

Hello everyone,

I am new to VJ.

We really need help. My fiance who is petitioning me just received a denial notice on September 15, 2011 saying that we lack evidence and that we can appeal. They did send him RFE notice and has sent more evidence on July and have received it for review but didn't state we are having a baby. We Sent the I-129f package with evidence of relationship on March 2011 and on April we found out that we are having a baby and will be due on December 10, 2011. I was there while we were getting the I-129f form ready and we didn't put on the form that we are going to have a baby because we have already sent the form. Sorry if I am not making any sense here. My questions are:

• Should we appeal or refile for a K-1 fiance visa?
  
• If we do refile do we need to state that we got denied the first time?
  
• What is the best choice refile or appeal, which will take longer?
  
• Can I refile after receiving denial notice?
  

If anyone can help me with this question I much appreciate it.

Sorry for so many questions.

We just really need help with baby coming on the way. We just want to be together and get our family going for the sake of the baby.

Thanks everyone,

She

he did not prepare the petition correctly the first time and got an RFE. He did not respond with what they want and he was denied. No surprise.

Here are your options

1. File a motion to re-open/appeal I-290 which will cost $585 along with the reasons and evidence to re-open/appeal.

Good news...if it works, you will save time Bad news...they do not have to accept the appeal and very likely will not, especially if the evidence he submits was available for the RFE and he simply did not include it. Wasted time and $585

2. File a NEW petition for $340 and submit all your evidence this time. Good news...cheaper and guaranteed to get considered. Bad news...you are starting over and it will take just as long as before.

Pay your fee and take your choice.

[Gary and Alla 3,694]

Unless the stated reasopn for denial is "You have no baby" then the baby will not help. If you are trying to use the baby as some evidence of meeting in person (if that is the reason) then it MAY help.

A baby, per se, is of no consequence for a fiancee visa. It is not one of the requirements to have a petition approved.

[Waltlaw 0]

Very sorry to hear about your denial. Too bad you didn't hear about VisaJourney before you started the process. Anyway, you're here now.

I cannot answer whether it is better to refile or appeal, but I can tell you what we used for evidence, which was accepted without RFE.

We included:

--Itineraries of flights and copies of boarding passes

--Pictures of me and my fiancee, along with pics of me and her family

--Our respective Facebook wall posts announcing our engagement

--Receipt and picture of the engagement ring

--Receipts of payments we made to each other via Pay Pal

--Emails discussing our plans for trips (I refused to include overly personal correspondence)

--Letter by my fiancee's brother documenting how he knew me, how my fiancee and I met, and that he knew how long were in a relationship

--My fiancee included one of her journal entries with a sketch of me that she drew (I didn't like it because it was too personal, but my fiancee insisted)

--My fiancee also included stubs from events we had attended (I don't think these were particularly strong pieces of evidence because our names were not on these stubs, but my fiancee sent these anyway)

--Our respective statements of intent to marry

It seems to me that the harder the evidence (e.g., receipts, flight itineraries, pics, letter from fiancee's brother), the better.

Good luck!

Walter

Hello everyone,

I am new to VJ.

We really need help. My fiance who is petitioning me just received a denial notice on September 15, 2011 saying that we lack evidence and that we can appeal. They did send him RFE notice and has sent more evidence on July and have received it for review but didn't state we are having a baby. We Sent the I-129f package with evidence of relationship on March 2011 and on April we found out that we are having a baby and will be due on December 10, 2011. I was there while we were getting the I-129f form ready and we didn't put on the form that we are going to have a baby because we have already sent the form. Sorry if I am not making any sense here. My questions are:

• Should we appeal or refile for a K-1 fiance visa?
• If we do refile do we need to state that we got denied the first time?
• What is the best choice refile or appeal, which will take longer?
• Can I refile after receiving denial notice?

If anyone can help me with this question I much appreciate it.

Sorry for so many questions.

We just really need help with baby coming on the way. We just want to be together and get our family going for the sake of the baby.

Thanks everyone,

She

[ST&EE031906xo 0]

We appeal and now our petition is approved. Thank god! It only took less then a month. We sent it on second week of October and got approved November 1. We sent the necssary documents and also stated we are going to have a baby. Thank god they approved what we sent with our appeal.

[hcfrey 6]

We appeal and now our petition is approved. Thank god! It only took less then a month. We sent it on second week of October and got approved November 1. We sent the necssary documents and also stated we are going to have a baby. Thank god they approved what we sent with our appeal.

Congratulations.... :) that is a great news.... good luck and god bless you and your baby and ofcourse your fiance

[NoneYa 73]

So happy for you. I was concerned for you as I read this. Now tell your new husband how important it is to follow through and pay attention to details ! He has a family now.

[ST&EE031906xo 0]

Thanks guys!

Yes it is a good news hcdt.

DaleFlorida, yes I will tell my fiancée to look at all documents and notice so there won't be anymore mistakes or denial again. As we are going to have a family.

Thankfully things went well.

[Ro Damon 7]

We appeal and now our petition is approved. Thank god! It only took less then a month. We sent it on second week of October and got approved November 1. We sent the necssary documents and also stated we are going to have a baby. Thank god they approved what we sent with our appeal.

Thats great news.... !! would hat to had seen you guys go thru the entire process again