application denied, we met after we lodged the application

[robert ham 0]

Hi guys, i have couple of questions and this is complicated k1 journey

we lodged k-1 on september 28 after couple of weeks we were approved to expedite the application. we got a letter from uscis saying that we will hear a response within 15 days... after 15 days we got RFE response saying that we have to submit some photos and documents that we are together and that we met before the 28 of the september which the day we lodge the application.

by this time i was visiting my fiance in america on a waiver visa coz am australian citizen and this was the first time i meet her in person coz we met over the internet and we kept on talking for 5 months.

we submitted all the evidence based on our first meeting in america.

after 60 days i called uscis asking what happen with my application and if they are reviewing my RFE coz the status never change on the website. so they lodged a service request.

10 days, we got a response saying that they didnt receive our documents and the immigration agent told us on the phone that we are safe coz we have a proof that we sent it (registered mail signed by uscis staff).. and she said we wont get denied coz its uscis fault but still she said its better if we send another copy.

now am going to talk about specific dates

on january 29 uscis received our new evidence. 31 of january we got a letter from the center apologizing for losing the old evidences and informing us that they are reviewing the new evidence.

we called 2 days ago askin about the decision and they told us that we were denied on the 30 of January.

we received a 7 january based on the first evidence we sent(so they never lost the evidence) that we were denied we coz met after we lodged the application in 2 weeks and they said we can appeal it.

now am really confused i have couple of questions

can i still visit my fiance on my waiver visa or they will deny from entry to the united state ? (coz i have to tell them that i was denied for k1 visa before

is it possible to appeal or not to waste my time trying? (+cost of nearly 600$)

if we reapply for 129f visa can we still be expedited on the old basis we have?(we still having the same reasons till today) is it possible they can decline it ?

i really need your advise coz am just lost btw applying again with expedite and appealing

thanks in advance

Edited February 9, 2012 by robert ham

[Penguin_ie 5,994]

There is no point in appealing, you had not met when you filed.

You can re-file, and expedite again. You will likely be approved for the expedite, as you were before, but there is always a chance you will not.

It's the petition that was denied, not the visa, so I believe you can still use the VWP. Bring lots of proof you will return home, as you obviously have immigrant intent.

You would do well to read the Guides on here and spend some time reading posts, so you don't get denied again- the meeting requirement is a basic pone and if you didn't know about it, you may have missed other things too

[robert ham 0]

thanks for your reply.

so if i apply again and i get the expedite application approved with all the evidence. am i still eligible to get a decision within 15 days?

[Laure&Colin 558]

Having met in person is the main requirement for an I-129F petition, so of course it was denied if you never met physically before filing. Appealing would be a waste of time and money. Just refile, sending proof that you two have met this time.

[Hank_ 9,174]

Yup you screwed the pooch with that application by not having the primary requirement. Your only option is to start a new application and provide EVERYTHING USCIS requires. If they gave you an expedite once I see no reason why they wouldn't approve a second expedite.

All the best with your new application.

Edited February 9, 2012 by Hank_Amy

[Gary and Alla 3,694]

thanks for your reply.

so if i apply again and i get the expedite application approved with all the evidence. am i still eligible to get a decision within 15 days?

Nothing would change regarding any eligibility for expedite because of the evidence of meeting.

You do not state for which reason the expedite was approved originally and that was a long time ago now. IF that reason still exists, then you can request the expedite foir the same reason and expect the same results.

[skiptex 225]

Yup you screwed the pooch with that application by not having the primary requirement. Your only option is to start a new application and provide EVERYTHING USCIS requires. If they gave you an expedite once I see no reason why they wouldn't approve a second expedite.

yep..

as a wise man once said.. "lack of preparation on your part does not constitute and emergency on mine"..

refile.. but do your research

best of luck!

[easyriders2011 14]

yep..

as a wise man once said.. "lack of preparation on your part does not constitute and emergency on mine"..

refile.. but do your research

best of luck!

I prefer what I learnt in the Navy. It's called "THE LAW OF 7 P's"

PROPER PRIOR PLANNING PREVENTS PISS POOR PERFORMANCE

When you wing things, you can always see it coming when you go back and look at the laws of 7 p's.

[Boiler 45,658]

so if i apply again and i get the expedite application approved with all the evidence. am i still eligible to get a decision within 15 days?

This will be completely new and separate process.

It might help if you mentioned the basis of your expedite.

[newlyweds2010 208]

How did you expedite a k-1 from australia? we waited 10 months to be approved, #######??

[robert ham 0]

How did you expedite a k-1 from australia? we waited 10 months to be approved, #######??

you said it mate from Australia

[robert ham 0]

Hi guys i got some updates...

am so confused now!

We reopened this I129F PETITION FOR FIANCE(E) on February 9, 2012, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process.Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283

please note that we didn't appeal. we were going to resubmit a new application today. i called uscis... they said they dont know wts going on. they said they can see that on their system, but they still have decision saying that we were denied and to call them on monday.

i just noticed that our case status jumped from RFE review to postdecision with the message above.

is this subject to approval ?

i will appreciate anyhelp !

cheers

[Brother Hesekiel 2,236]

You were ready to marry a person and spend your entire life with him without even having met him once?

Do YOU think that's . . . um . . . normal?

Most, which is the majority of humans on this planet, won't think so. Uncle Sam is one of them.

[robert ham 0]

You were ready to marry a person and spend your entire life with him without even having met him once?

Do YOU think that's . . . um . . . normal?

Most, which is the majority of humans on this planet, won't think so. Uncle Sam is one of them.

Umm Yes ! i was willing to do so ! go back to my last post and read carefully... i didnt ask for your wise opinion and your lectures. if you have something positive to post that its related to the topic, you are welcome otherwise i think you should lecture your self or maybe read my first post ! i freaking MET this person 3 weeks before i lodged the application and we were talking on the internet for 6 months... all the best and chillout.

[robert ham 0]

ok for those ppl who were asking regarding the reason for expedite... wel i wish you dont have the reasons we have so you can expedite.

reason : Terminal Cancer

sorry for not replying from the beginning but i don't like to talk about it.

enjoy your life with your beloved ones even if it's one hour.

cheers,