Notice of Decision

[Dahlia 1]

Hi all got a letter from USCIS today stating that I have to re file again. My question is it better to re-file again or marry him and file for the marriage one rather than the I-129F since we have been in that route? I am visiting him the next month and make the decision from there. I wish I have known that we have four months wait after the interview to rebut the issues. I assume hat they just let the paperwork expire after I called them and send them a letter they finally answered my questions. Lesson learned to keep following up the paperwork but then we did these also but to no avail it did not work for us they just let the paperwork expired. Well get it right next time I think

This notice is in reference to the Form I-129F , Petition for an Alien Fiancee(e), filed pursuant to Section 101 (a) (15) (K) of the Immigration and Nationality Act, as amended. The petition was approved and was forwarded abroad to a United States Embassy /(Consulate with a validity period of four months. Subsequently, the petition has been returned to the United States Citizenship and Immigration Services (USCIS) with a finding that the beneficiary was not issued the requested K-1 visa/ Since the period of validity has now expired the petition will not be revalidated. Therefore, in accordance with 8 C.F.R. 214.2 (k) (5), all USCIS action on this petition is concluded as of the date of the date of this notice. However, the petitioner may choose to file a new Form I-129F, Petition fo ran Alien Fiance(e), for the beneficiary with fee.

Rosemary Langley Melville

Director

Edited October 9, 2011 by Dahlia

[NigeriaorBust 4,087]

That is one of the typical responses to a returned K1 , they don't have to explain anything at this point and if you don't already know the answer you are left clueless on what to fortify the next time. I filed the second K1 ( I already knew the reason it was returned ) and was good with that. It is up to you, I know people that failed at a K1 got married and failed at a CR1 so married isn't an automatic fix. You might be interested in the link in my signature.

[Winning23 25]

Hi all got a letter from USCIS today stating that I have to re file again. My question is it better to re-file again or marry him and file for the marriage one rather than the I-129F since we have been in that route? I am visiting him the next month and make the decision from there. I wish I have known that we have four months wait after the interview to rebut the issues. I assume hat they just let the paperwork expire after I called them and send them a letter they finally answered my questions. Lesson learned to keep following up the paperwork but then we did these also but to no avail it did not work for us they just let the paperwork expired. Well get it right next time I think

This notice is in reference to the Form I-129F , Petition for an Alien Fiancee(e), filed pursuant to Section 101 (a) (15) (K) of the Immigration and Nationality Act, as amended. The petition was approved and was forwarded abroad to a United States Embassy /(Consulate with a validity period of four months. Subsequently, the petition has been returned to the United States Citizenship and Immigration Services (USCIS) with a finding that the beneficiary was not issued the requested K-1 visa/ Since the period of validity has now expired the petition will not be revalidated. Therefore, in accordance with 8 C.F.R. 214.2 (k) (5), all USCIS action on this petition is concluded as of the date of the date of this notice. However, the petitioner may choose to file a new Form I-129F, Petition fo ran Alien Fiance(e), for the beneficiary with fee.

Rosemary Langley Melville

Director

Have you spoken to your fiance abroad and discussed what questions were asked during the interview? if so, there could have some discrepancies in his answers w/ the data you provided in the 129 application.. Seems to be, the application was approved and ultimately visa denied once the interview took place.. Is that correct?

If the USCIS is advising to re-file, I would do that, only this, provide a stronger case (evidence, relationship) and make sure cover detail of the application so no surprise questions during the interview..

Good luck

[NY_BX 397]

Hi all got a letter from USCIS today stating that I have to re file again. My question is it better to re-file again or marry him and file for the marriage one rather than the I-129F since we have been in that route? I am visiting him the next month and make the decision from there. I wish I have known that we have four months wait after the interview to rebut the issues. I assume hat they just let the paperwork expire after I called them and send them a letter they finally answered my questions. Lesson learned to keep following up the paperwork but then we did these also but to no avail it did not work for us they just let the paperwork expired. Well get it right next time I think

This notice is in reference to the Form I-129F , Petition for an Alien Fiancee(e), filed pursuant to Section 101 (a) (15) (K) of the Immigration and Nationality Act, as amended. The petition was approved and was forwarded abroad to a United States Embassy /(Consulate with a validity period of four months. Subsequently, the petition has been returned to the United States Citizenship and Immigration Services (USCIS) with a finding that the beneficiary was not issued the requested K-1 visa/ Since the period of validity has now expired the petition will not be revalidated. Therefore, in accordance with 8 C.F.R. 214.2 (k) (5), all USCIS action on this petition is concluded as of the date of the date of this notice. However, the petitioner may choose to file a new Form I-129F, Petition fo ran Alien Fiance(e), for the beneficiary with fee.

Rosemary Langley Melville

Director

Keep in mind the wait times for a marriage visa in Egypt is up to 600 days now. Are you willing to wait almost 2 more years to risk the same outcome? I'd refile as a K-1 and save time.

[Dahlia 1]

Have you spoken to your fiance abroad and discussed what questions were asked during the interview? if so, there could have some discrepancies in his answers w/ the data you provided in the 129 application.. Seems to be, the application was approved and ultimately visa denied once the interview took place.. Is that correct?

If the USCIS is advising to re-file, I would do that, only this, provide a stronger case (evidence, relationship) and make sure cover detail of the application so no surprise questions during the interview..

Good luck

Yes! I did ask what was discussed and the answer he provided to the Consular was that "It was luck" the consular did not like his answer and told him to marry somebody in Egypt. Paperwork was not the problem it was approved quickly it was his interview that ends it. We have all the evidence, in our relationship it was his answer that triggered the whole thing and because he is so nervous the first answer that comes out in his mouth was "It was luck".

[GringoD 33]

some here seem to think there are absolutely no politics involved in who's coming FROM WHAT COUNTRY.... as for your fiance(e), but... I'd beg to differ.

Edited October 10, 2011 by GringoD

[NY_BX 397]

Yes! I did ask what was discussed and the answer he provided to the Consular was that "It was luck" the consular did not like his answer and told him to marry somebody in Egypt. Paperwork was not the problem it was approved quickly it was his interview that ends it. We have all the evidence, in our relationship it was his answer that triggered the whole thing and because he is so nervous the first answer that comes out in his mouth was "It was luck".

It somewhat worries me that you continue to attribute the answer to his nerves, therefore it is justified. I believe he was very nervous, as is everyone that goes to the interview. Even my fiancee is anxious and he doesn't have an interview date yet. The difference is that most of the interviewees prepare themselves. It is not about memorizing the answers and putting up a show at the interview. It is about reading the forms, studying the operations at the embassy and dressing appropriately. It is about understanding that the interview is a serious matter, taking a deep breath and being matter-of-fact.

The Consular has hundreds of interviews to conduct every month. S/he has no time, or tolerance, for nervous breakdowns. Saying things like: "I met her just by luck," or "The grace of God sent her" does not help.

Should you decide to refile, please consider the amount of time, money and efforts you are putting into this vs. the effect "his nerves" are having on these efforts.

Please prepare him. If you have skype, ask him the questions and help him out. Also, tell him to show you what will he wear. I kid you not, even that can cause an impact.

All this said, I am grateful that you shared your experience. I think everyone here has learned that a simple-3-word answer can destroy an entire box full of narratives. I really honestly want the best for you.

Take care and good luck.

Edited October 11, 2011 by NY_BX

[J.G.I 1]

Yes! I did ask what was discussed and the answer he provided to the Consular was that "It was luck" the consular did not like his answer and told him to marry somebody in Egypt. Paperwork was not the problem it was approved quickly it was his interview that ends it. We have all the evidence, in our relationship it was his answer that triggered the whole thing and because he is so nervous the first answer that comes out in his mouth was "It was luck".

Dear Dahlia,

I read your other post right after your fiance had his interview. The conclusion I would take from the replies is that the reason was NOT your fiance's answer, rather it was the age difference. I don't think ignoring that will help you get anywhere other than wasting more time. To get the result you want, you will have to do what you already said you don't want to do. You will have to marry him and be away from your extended family for at least 2 years during which you live with him in one country (doesn't have to be Egypt if he can get a visa to another country). A possible scenario would be coming to Egypt and marring him and after 6 month file the I-130 by mailing it to the Chicago address and may be 6 to 10 months later, you get the interview and you go to the interview with him. If you do that, the CO can see how much you sacrificed being away from your grandson/daughter to be with the man you love. This will be a big bonafide evidence and your husband then will get the visa. I don't see any other way with all the problems that your case has, which were mentioned in the other post.

Blessings and best of wishes.