Application was Denied

[Emeraven 0]

Hi, Im applying for a K1 Fiance Visa and my fiance just got a letter saying our application was denied due to not enough evidence we had met.

They did not accept my travel documents nor photos of us together that we had provided, which are unfortunately digital and didn't have a date stamp (not sure if digital cameras can even do that).

Now I understand we would would be asked for provide further information if they didn't feel we had enough, but to deny the application was a shock. So Im looking for some advise, and if there is anything we can do to appeal the 600+ dollar fee we will be charged on top of all the expenses we have all ready payed for.

I can send them copies of my airline tickets (which I still have most of), and photo copies of the entry stamped pages from my passport. The Photos are digital so all I can think of is to check if they have a date modified and burn them onto a CD for them to look at. I am also wondering if we can get signed statements from friends we both know to say they saw us together, I am unsure if they are taken or not.

Advise on how to deal with this generally, and about the above would be appreciated.

[Rufus2012 175]

What 600 dollar fee? The K-1 fee is $340. Did you hire a lawyer perhaps?

Photographs are considered secondary evidence - theoretically, you don't even need them - and precisely for the reasons you suggest, they are easily faked. What sort of travel documents did you provide? It's also a bit unclear on who filed - are you the USC or is it your fiance?

Furthermore, if the problem is a simple lack of evidence that you have met, they usually do not deny, they just send a letter asking you to provide that information. There was one bozo a few weeks ago who didn't submit any of the required supporting documentation, he was rejected, but if you've only missed one thing, that doesn't make sense.

[ndu26 114]

So sorry to hear this. Vj members may need more info to better respond, like:

what application did you submit

what exactly did you include in the application as proof( just the digital pics?)

could you quote some parts of the letter you received.

From what I have read in some topics, it is better to refile( reapply) than appeal. not only is it cheaper, it is FASTER and with chances of different outcome than an appeal ( of course if more evidence is submitted depending on what you submitted bfore).

Hopefully a more experienced VJ member will throw some light on your situation. all the best!

[Dan & Jenni 457]

can you tell us what this letter actually said??

[Andie 147]

Hi, Im applying for a K1 Fiance Visa and my fiance just got a letter saying our application was denied due to not enough evidence we had met.

They did not accept my travel documents nor photos of us together that we had provided, which are unfortunately digital and didn't have a date stamp (not sure if digital cameras can even do that).

Now I understand we would would be asked for provide further information if they didn't feel we had enough, but to deny the application was a shock. So Im looking for some advise, and if there is anything we can do to appeal the 600+ dollar fee we will be charged on top of all the expenses we have all ready payed for.

I can send them copies of my airline tickets (which I still have most of), and photo copies of the entry stamped pages from my passport. The Photos are digital so all I can think of is to check if they have a date modified and burn them onto a CD for them to look at. I am also wondering if we can get signed statements from friends we both know to say they saw us together, I am unsure if they are taken or not.

Advise on how to deal with this generally, and about the above would be appreciated.

You are the Kiwi ... right?

If you paid USD600 I guess this was through a broker/lawyer as the actual fee is USD340 unless you mean NZD600 which is the approx equivalent of USD340. Its difficult to say what happened here without additional info.

If you just sent copies of tickets or airline flight summaries with a few photos this may not have been enough. Did you send an explanation of how you met or any other evidence? Sometimes they will just send an RFE (request for further evidence) but they can just outright deny the petition (which is a real shock).

I can tell you (from experience) if you try to appeal it just becomes a longer and more stressful process and you wont get your money back.

Best thing to do is post exactly what you included and posters can help you more. Feel free to PM me if that helps.

Also, if you can update your timeline it helps everyone on here to paint a full picture... best wishes.

[VanessaTony 3,567]

You are the Kiwi ... right?

If you paid USD600 I guess this was through a broker/lawyer as the actual fee is USD340 unless you mean NZD600 which is the approx equivalent of USD340. Its difficult to say what happened here without additional info.

If you just sent copies of tickets or airline flight summaries with a few photos this may not have been enough. Did you send an explanation of how you met or any other evidence? Sometimes they will just send an RFE (request for further evidence) but they can just outright deny the petition (which is a real shock).

I can tell you (from experience) if you try to appeal it just becomes a longer and more stressful process and you wont get your money back.

Best thing to do is post exactly what you included and posters can help you more. Feel free to PM me if that helps.

Also, if you can update your timeline it helps everyone on here to paint a full picture... best wishes.

I'm not trying to be rude but it is extremely obvious that the $600 fee is the APPEAL fee that he has yet to pay and that he's hoping to avoid paying. He is looking for ways to get around having the pay that fee.

.

[VanessaTony 3,567]

Hi, Im applying for a K1 Fiance Visa and my fiance just got a letter saying our application was denied due to not enough evidence we had met.

They did not accept my travel documents nor photos of us together that we had provided, which are unfortunately digital and didn't have a date stamp (not sure if digital cameras can even do that).

Now I understand we would would be asked for provide further information if they didn't feel we had enough, but to deny the application was a shock. So Im looking for some advise, and if there is anything we can do to appeal the 600+ dollar fee we will be charged on top of all the expenses we have all ready payed for.

I can send them copies of my airline tickets (which I still have most of), and photo copies of the entry stamped pages from my passport. The Photos are digital so all I can think of is to check if they have a date modified and burn them onto a CD for them to look at. I am also wondering if we can get signed statements from friends we both know to say they saw us together, I am unsure if they are taken or not.

Advise on how to deal with this generally, and about the above would be appreciated.

Date stamps don't really matter. None of my 5 photos were dated.

Unfortunately it is entirely possible to deny your case (as you have seen) if they feel that you don't have enough evidence for it to be approved. Had you sent the airline tickets/stubs, and the stamp from your passport showing you entered you would have got an approval instead of a denial. They won't accept CD's

You should re-apply and this time include ALL your evidence of meeting in person. It's cheaper (as you know) but you're in for waiting again.

[Andie 147]

I'm not trying to be rude but it is extremely obvious that the $600 fee is the APPEAL fee that he has yet to pay and that he's hoping to avoid paying. He is looking for ways to get around having the pay that fee.

.

lol... actually its not extremely obvious that the $600 is an appeal fee. we were denied and not given that option... I've never seen that amount mentioned before... and if it is not the USC posting here, the cost of the petition is NZD600.

... and I dont think they are just trying to get their money back, but wondering what to do next.

...

[Moomin 292]

If the petitions lacks initial evidence and more than alot of it then it's up to USCIS to base their decision on it. Most people recieving an RFE is for missing one or two things. If you did not provide any proof of having met that USCIS thought as convincing, then that's what you're dealing with.

Plane tickets: Some do not have the year on them, and even if they did, they don't prove you actually used them. A passport stamp proved you were atleast in the same country at the time of meeting. If you provide a copy of the passport stamp, then submit copies of the entire passport from front to back. If you do send boarding cards/plane tickets, make sure they don't stand alone as the only evidence.

Pictures: You can date pictures in hand, either on the back or below picture if it's printed on normal paper. Date, year and location. E.g. "Luna & Stephen, Lake Michigan March 20th, 2010". Pictures are secondary evidence any way, so they only support your primary evidence; the passport stamps and such. Hotel receipts showing your name(s) and paying for it(by credit card) puts you in the same place, too. Remember: Date AND year is important factors since you have to prove it, not just let USCIS assume that they already know. Don't send your best Skype pictures since they're not proving anything other than knowing each other.

Appealing. I have far too little knowledge about it to advise or not. I do know that it takes shorter for you to appeal than file a new petition, and it is more expensive. The last post I read about the same issue the couple was encouraged to simply file a new i-129f. Waiving the fee.. Well, if you can prove that they made a mistake you might have a shot at it however I have yet to witness waiving a fee of this kind.

I do wish you the best of luck and hope somebody here butts in and give you more info. I know it must hurt to wait even longer.

EDIT: Vanessa & Tony kinda beat me to it putting it in fewer words But you get the point hopefully.

Edited December 21, 2011 by moomin

[VanessaTony 3,567]

lol... actually its not extremely obvious that the $600 is an appeal fee. we were denied and not given that option... I've never seen that amount mentioned before... and if it is not the USC posting here, the cost of the petition is NZD600.

... and I dont think they are just trying to get their money back, but wondering what to do next.

Again, I'm not trying to be rude but it IS pretty obvious they're not talking about a fee already paid, but one they're being asked to pay:

Now I understand we would would be asked for provide further information if they didn't feel we had enough, but to deny the application was a shock. So Im looking for some advise, and if there is anything we can do to appeal the 600+ dollar fee we will be charged on top of all the expenses we have all ready payed for.

It's very odd you weren't given the chance to appeal a K1 petition denial... maybe it's because it seems pretty silly to pay $600 for an appeal when you can just re-file for MUCH cheaper.. but they're not obligated to offer the chance. I've never seen how long an appeal takes though, might end up being the same timeframe.

[Andie 147]

Anyway OP, back to your question...

It is quicker and cheaper to reapply.

Boarding passes are better than copies of tickets because they show you actually boarded the flight and show details of name/date. Tickets dont prove you boarded the flight.

Copies of passport stamps showing official arrival into the U.S. (or whatever the destination was travelled that put the two of you together).

Any other evidence you have of being together in the same place at the same time that shows date and location.

e.g. Tickets to events and certain parks that show your name... (I have a copy of tickets which show my name, a photo of us together at the entrance at that location and as the tickets were booked through AAA, my credit card bill with the amount for the tickets which notes what the charge was for.

ATM receipts which show the location of the transaction and date.

Photos are considered secondary evidence but they can help build a picture to support the other information.

They wont look at CDs.

Best of luck.

[Emeraven 0]

Thanks for all the replies. Ill answer in full when I get my fiance to type out the letter to me. I am the NZ Citizen and she is the USA Citizen. We have already filed (in July) and have had one request for more information. This is the second letter which has been sent to us, and yes the 600 Fee is for filing an appeal against the decision to deny my application for visa. We provided my travel itinerary but I believe that was the mistake, we should have sent copies of the tickets.

Ill reply again when I have the contents of the letter.