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Petition DENIED??

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I am so upset. Our petition was denied at USCIS. I can't think why? We are both free to marry, I make more than enough money, we have visited in the last two years, and have provided plenty of proof of relationship. Our RFE was for divorce certificates, which we provided, as well as intent to marry letters (again) which we provided for the second time. I already have the appeal for downloaded, even though I don't know why we were denied (by the way, appeal is $630. Does anyone have any experience in doing an appeal?

I suppose I should wait until I have the reasoning, but I am completely floored, and I just don't know how I"m going to tell him. I'm so upset right now.

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Oh my god, i'm so sorry. Stay strong, and don't bear this burden alone.


K1

10 Jan 2012: I-129F package sent

14 June 2012: NOA2

11 July 2012: Medical

30 July 2012: Interview at London Embassy (Approved!)

13 Aug 2012: Visa Received

1 Sept 2012: POE (Atlanta)

15 Sept 2012: Wedding in New Orleans

AOS

16 Nov 2012: NOA Receipt Date

20 Dec 2012: Biometrics Appointment

16 Jan 2013: EAD & AP approved

25 Jan 2013: EAD & AP Card received

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Why appeal when it takes longer and costs more than filing a new petition?

Double check the Divorce documents you provided, was it the final decree with all of the stamps from the Clerk of the Circuit Court?

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Why appeal when it takes longer and costs more than filing a new petition?

Double check the Divorce documents you provided, was it the final decree with all of the stamps from the Clerk of the Circuit Court?

yes, it was...his isn't signed, but it's from UK and can't be signed. so we went with a second degree of extract in which he had a clerk sign it when we sent it in with the RFE..

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I am so upset. Our petition was denied at USCIS. I can't think why? We are both free to marry, I make more than enough money, we have visited in the last two years, and have provided plenty of proof of relationship. Our RFE was for divorce certificates, which we provided, as well as intent to marry letters (again) which we provided for the second time. I already have the appeal for downloaded, even though I don't know why we were denied (by the way, appeal is $630. Does anyone have any experience in doing an appeal?

I suppose I should wait until I have the reasoning, but I am completely floored, and I just don't know how I"m going to tell him. I'm so upset right now.

You need to determine why the petition was denied. For some unknown reason, USCIS found your reply to the RFE to be flawed. Your response needs to address this unknown.

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I'm so sorry… :(

Are you sure there was no problem with a waiting time after the divorce (like "at long last"'s recent denial)?


K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

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Your petition was denied because of an inadequate response to the RFE. Whatever you sent them (Divorce decrees) was still not the correct document. Better figure out what they require and send in a new petition. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I understand exactly how you are feeling about this right now, its pretty rough .... wait till you know more - you can only guess at the reasons until you know for sure, maybe the time frame after the divorce but maybe not. An appeal takes longer and is more expensive so if you do have to supply more information you are better to restart with a new petition than try to appeal.

Sorry to hear ... all the best to you both (F)


Mar 2011 - After 5mths denied for lost docs - Attempts to follow up failed. Mar 18 2012 - I-129F sent - No sign of NOA1 but they have banked the check...Jul 24 - Update - USCIS has located our file
Infopass Apt - they sorted through everything - our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting) Dec- Infopass Appt- expecting to get a case # in about a week ..Still no Case number

Mar 2013 Infopass - advised file was in a box somewhere,and it would be quicker for us to refile. Life gets in the way... New petition submitted July 2014 .
I-129F Sent : Jul 28 2014
TSC received: Aug 04 2014
I-129F NOA1 : Aug 06 2014
I-129F NOA2 : Feb 25 2015 (NOA2 copy rcd: Mar 02)

Sent to NVC: Mar 09 / Left NVC Apr 1 / Arr Embassy Apr 7 / Pkt 3 Rcd Apr 15 / Medical Apr 17 / Pkt 3 sent May 1 / Interview May 12

Left NZ May 15

Married Aug 10

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I have just told him (quite tearfully I might add.. still crying here). He is sending me the money to retain an immigration attorney immediately and start all over. I am curious what the denial will be, but it will NOT keep us from being together, just delays us a few more months and absolutely kills the Florida vacation we had planned for June :angry:

I am very curious what the letter says, and extremely upset/pissed off/frustrated. Perhaps it's a test of our relationship, but God willing, we will be together by September or October.

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We've just poured through everything again, and we can only think of two things - 1 not enough evidence, or 2- his name. He was born under one name, but by Scottish law, you don't have to 'legally' change your name for it to be considered a legal name change. You just start using it. You could register to change things but yo don't have to. He's 52 and has never had a need to register the name change. So his birth certificate says one thing, but all his other paperwork refer to his new name with a reference to his former.

We will find out soon though..either way that's for the lawyer to deal with. this time it WILL happen!!:blush:

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Did you read my response? When did you send back the RFE? When did you get the denial?

They won't deny for something like a name change or lack of evidence - they will send an RFE. If they already sent a RFE for something and you sent back an inadequate reply, then they will deny.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Did you read my response? When did you send back the RFE? When did you get the denial?

They won't deny for something like a name change or lack of evidence - they will send an RFE. If they already sent a RFE for something and you sent back an inadequate reply, then they will deny.

They RFE'd us for new letters of intents to marry, his divorce certificate being unsigned from Scotland, my divroce certificate again (am assuming they couldn't see the stamp), and a copy of my passport (as I forgot to include that). That's all they RFE'd us for. We sent in brand new letters signed in blue ink, a certified copy of my divorce certificate that I went up to the courthouse to get, and he finally found someone who would issue another "Ectract of divorce" from Scotland AND sign it (signing divorce paperwork is not common in UK). The Intents to marry were the same templates here on this site, and we assumed that it was because they were signed in black ink that may be they didn't think the signatures were valid. We were not RFE'd for documentation of relationship or visit. The evidence I sent them of our relationship was almost 3 inches thick and included photographs of us together, Facebook posts, chat logs, call logs, phone logs, and photos from when I visited him. As for the "free to marry waiting period" we are both definitely outside of that! Will post an update when the letter comes.

Either way.. I am retaining a lawyer today to make sure it's not screwed up this time

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They RFE'd us for new letters of intents to marry, his divorce certificate being unsigned from Scotland, my divroce certificate again (am assuming they couldn't see the stamp), and a copy of my passport (as I forgot to include that). That's all they RFE'd us for. We sent in brand new letters signed in blue ink, a certified copy of my divorce certificate that I went up to the courthouse to get, and he finally found someone who would issue another "Ectract of divorce" from Scotland AND sign it (signing divorce paperwork is not common in UK). The Intents to marry were the same templates here on this site, and we assumed that it was because they were signed in black ink that may be they didn't think the signatures were valid. We were not RFE'd for documentation of relationship or visit. The evidence I sent them of our relationship was almost 3 inches thick and included photographs of us together, Facebook posts, chat logs, call logs, phone logs, and photos from when I visited him. As for the "free to marry waiting period" we are both definitely outside of that! Will post an update when the letter comes.

Either way.. I am retaining a lawyer today to make sure it's not screwed up this time

This is sad.But be patient. Everything gonna work when the day comes and God willing. Have Faith in your God.Stay strong.


EVERYTHING IS WITH THE HELP OF GOD. HE NEVER LET US DOWN. HAVE FAITH IN YOUR GOD!!!! I LOVE YOU BABY FROM THE BOTTOM OF MY HEART!!!


“Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It is not rude, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres.” - Corinthians

-October 12,2011 Petition sent to CSC
-October 19,2011 NOA1
-Feb.27,2012 NOA2 approval (131 days from NOA1)
-March 7,2012 The Petition Forwarded to Consulates:)
-March 23,2012 Packet 3 and 4 Received.
-April 3,2012 Visa Approved
-April 20,2012 VISA in my Hand.Yey. smile.pngsmile.png
-April 25,2012 My Flight and My POE is JFK
-August 03,2012 AOS filed
-August 28,2012 RFE
-September 05,2012 RFE sent and They received it on Sept.13th
-October 10,2012 EAD approved
-October 18,2012 EAD card in the mail.Yey

-September 6,2013 Green card APPROVED!!!!

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Hi There

We are also still waiting for the denial letter but feel 99.9% that ours was for "not free to marry" Missed by under a week. :bonk: BUT stay committed to each other and the process to be together. We have already compiled our new petition and my fiance is flying up to Canada next Friday so everything can be signed triple checked and mailed off. USCIS told me the petition can be mailed from Canada.

So hang in there and just make the corrections and carry on. So our plans got messed up. Everything happens for a reason I believe and in it's own time.

We will make it and so will you.

Looks like we will be hanging here together as well for this year.

Terri :thumbs:


Fiance visa

04/28/2011 - I-129F - DENIED

02/18/2012 - I-129F petition filed
02/24/2012 - NOA1
09/04/2012 - NOA2, 193 days

Interview:10/22/2012
POE: 10/26/2012 (245 days)

Removal of Conditions

Filed for ROC - 06/09/2015

NOA1 for ROC - 06/12/2015

Biometrics appointment - 07/17/2015

Approval for ROC - 04/20/2016 (316 days)

Naturalization Process

N-400 Filed 06/10/2016

N-400 NOA1 06/14/2016

N-400 biometrics 06/20/16

N-400 interview 01/23/2017

N-400 Oath ceremony 02/10/2017

Immigration Process took 2116 days.

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They RFE'd us for new letters of intents to marry, his divorce certificate being unsigned from Scotland, my divroce certificate again (am assuming they couldn't see the stamp), and a copy of my passport (as I forgot to include that). That's all they RFE'd us for. We sent in brand new letters signed in blue ink, a certified copy of my divorce certificate that I went up to the courthouse to get, and he finally found someone who would issue another "Ectract of divorce" from Scotland AND sign it (signing divorce paperwork is not common in UK). The Intents to marry were the same templates here on this site, and we assumed that it was because they were signed in black ink that may be they didn't think the signatures were valid. We were not RFE'd for documentation of relationship or visit. The evidence I sent them of our relationship was almost 3 inches thick and included photographs of us together, Facebook posts, chat logs, call logs, phone logs, and photos from when I visited him. As for the "free to marry waiting period" we are both definitely outside of that! Will post an update when the letter comes.

Either way.. I am retaining a lawyer today to make sure it's not screwed up this time

My feeling from your story is that the divorce certs you sent were still not sufficient. They weren't sufficient the first time, and I think you response to the RFE was still not sufficient. That is why I ask for the timeline - RFE, RFE reply, denial. If they were right after the other, then you can make a good guess that is the reason. Like I said, they send an RFE if there is a problem, and if the response is not sufficient, they will deny. You only get one shot to correctly reply to an RFE. You'll know the reason soon anyway, but being able to extrapolate the different parts will help you in this process. Here is the requirements for divorce certs from Scotland. Did you send this?

"Scotland: Available. If a divorce has taken place after May 1, 1984, a decree from the divorce is available from the Registrar General, New Register House, Edinburgh EH1 3YT. If the divorce took place before March, 1984, a decree from the divorce is available from the Deputy Clerk of Sessions, 1 Parliament Square, Edinburgh EH1 1RQ. A marriage extract issued by the Deputy Clerk of Sessions subsequent to the granting of a divorce in Scotland (of a marriage, which has taken place in Scotland,) will bear an endorsement relating to the divorce."

http://travel.state.gov/visa/fees/fees_5455.html?cid=8993#docs

Best of luck.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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