I-129F Denied :(

[M J 11]

5A states that you need to provide evidence that you have met in the past two years.

Just refile no harm no foul. Only some time lost.

I see 5A and that is where I question the clearness of it. Now that you point that out, I guess it does say I need to provide that, but the thing is, the 3 people I talked to did not seem to know much about any of this. I asked what all I needed to provide and they just said fill out the form. I guess that is typical for a government related department. At this point the time and money are not as important as me eventually being able to bring her here. She will just continue school while I try to sort all this out and submit everything again if needed. I was hoping we could finally be together this Christmas, but I guess we will have to wait a little while longer.

Edited August 1, 2012 by M J

[QueenE 173]

Thanks everyone for the replies. I feel a little better, maybe I can sleep more than 2 hours tonight. I still don't know why I did not find this site before, it would have saved me a lot of worrying and now hassle. Like I said, it took me a couple months before I finally mailed the form because I did not know what to do. After talking to 3 different people at USCIS, and them all tell me I just needed to send in the form, I figured I was good and if needed they would just request more info.

Now, am I better off starting over and submitting a new I-129F form and all the info, following the guide on this site, or appealing the denial?

Maybe I am just jumping the gun and need to wait until I get the letter. I am just going crazy here and needed to sort of talk to someone or get some advise.

I also made this awful mistake. I dont know how or why I thought everything needed to be sent during the interview phase! I just need sent everything today in hopes that some angel with enter the person's heart who receives my package. I am some who reads, re reads instructions. During that time I was very sick from pregnancy so my focus wasnt what it shouldnt be. I called uscis when I realized my mistake 1 person said to mail in the stuff if I want but its not guarantee. Then some other one told me to just wait for an rfe, that I wont get denied. He is a moron. Anyway please keep us updated as to what the denial is about. Im really sorry after all this time this is your result. Start gathering your stuff now.

[M J 11]

Those are the exact numbers of evidence that we sent and we were approved. I was just trying to help.

Thanks for the list. Needed or not, I will provide all of that and more. At this point I would rather send a box of stuff than risk not having enough info and getting denied again.

[nealxette 4]

Thanks for the list. Needed or not, I will provide all of that and more. At this point I would rather send a box of stuff than risk not having enough info and getting denied again.

No, don't send to much stuff. Read the guides.

[Andie 147]

Wait for the letter. Then you will know one way or the other what you are up against.

In the meantime, read that guide, and start getting your information together.

I agree with Cdneh - wait for the letter just to confirm this is the precise reason.

Based on experience I dont believe there is any point in pursuing the original petition.

The additional cost is compensated for by knowing you can be more confident with your new petition.

In the meantime, put together all your information - get the 325a, photos and everything else underway

and check back here for any verification or support. You could have the new petition on its way soon.

Edited August 1, 2012 by Andie

[QueenE 173]

5A states that you need to provide evidence that you have met in the past two years.

Just refile no harm no foul. Only some time lost.

Im wondering do you think your being helpful! Right now your just stating the obivious! Op stated the mistake in the beginning of this post so I dont know what you think your contributing by repeating clearly instruction states... Ok yes the instructions.states that so can op rewind the hands of time? I hate when someone is feeling beat up from a mistake they are aware of. Then someone keeps trying to beat them up more with pointless comments.

[Moomin 292]

Yes I read all that a few times. It says "clearly"? OK, maybe your definition of clear and mine are different. Other than the G-325A form, it talks about children and criminal background, but it does not say I need to send pictures of us together, or copies of emails, passports, or chat logs, or anything like that. The G-325A form was why I called USCIS 3 times, and they said I only needed the I-129F form. I know there is a lot to the whole process, and I figured the I-129F form was just the beginning. That form gives enough info to do an initial background check, and I would need to provide more after that.

Imagine going to the written test for driver's license without knowing anything about it or having read about it. They'll allow you to take the test without reading anything because they're not instructed in having to tell you everything only to take your money and to allow you to take the test. Odds are that you won't pass, and the exact same thing goes for USCIS. The people you talk to when calling USCIS are not immigration officers, and they do not offer legal or official advice. What they can offer is very limited info, sometimes outright wrong info. They have absolutely no authority, and they often/always read from a script or simply tell you how they think things work if they can't find it anywhere. Instead in the future, ask to be transferred to a tier 2 rep and say you have an issue with your case, or schedule an info-pass appointment.

No, it does not state to submit emails or chatlogs with your petition. That's because you do not have to submit that with the i-129f. It comes into play later at interview stage unless you're going through a high fraud country.

The background check is done to confirm your info and verify what you've submitted already, and to make sure you're not in any way posing a thread to your future wife, or to society by bringing your future wife to the US. Same background check is performed in her name however that's mostly later on, for the same reasons.

Understanding the process is the key when you have decided to do it yourself. Even with a lawyer, it's good to research and know the next steps, the total cost, planning when to get police record/translating documents/how long it takes to obtain marriage license in your state.

I'm sorry I couldn't just write a few words. But I'd like to make sure that you're not just wasting another 5 months by getting a brand new denial based on lack of knowledge that is available to you, both on VJ and on the USCIS webpage under instructions for each form.

[Loida and Ed 11]

M J

we all make errors... but we also do good... finding Visa Journey is your "good" ... Theres a wealth of info at your fingertips here. Start reviewing the site, the forums, the Portals, and eventually ( with time spent) you will get that grasp on all u need to do... Lots of people to help you all along... Sorry for your delay... Rule #1... Never figure... Its the government agencies you will be dealing with, they need everyhthing exacting

best of Luck to you... will anxiously wait an see how fast u progress on here

Ed of ( Ed & Loida)

PS... when people send u links instead of answers, dont be mad to them... the answers there , and other answers to questions you will have too... ( I speak from experience) >>>

Worst part is that I do not know why yet. It's been almost 5 months and I received an email yesterday just telling it has been denied and I should receive a letter explaining why. So needless to say I'm freaking out. At first I had no clue why, but after looking through this site, I think I might know. I pretty much only filled out the I-129F form and mailed that in with the fee, nothing else. I figued once the backgroud checks were done they would ask for more info for the interviews. I called USCIS 3 different times and talked to 3 different people asking them what I needed to do, and they all said the only thing I need to do is fill out the I-129F form and mail it in. They also mentioned the requiremens to be eligable, but that was it. I talked to a couple lawyers also, but they wanted a few thousand dollars to handle it. I did not get the letter yet, but should in the next couple days. I don't know why I did not find this site before when searching online. It came up now in my google searces on what to do about a visa denial.

So what are my options? Should I get a lawyer?

My background... My Fiance is from the Philippines, and I have known her for 5 years now. I have been supporting her for the past 4, I helped her go back and finish highschool, and she is now in her 3rd year of college. Originally we were going to wait for her to finish college, but I figured it would be better for her to finish here (USA) and get used to the culture, language, and build a network through school. I have a lot of (daily) chat logs from Yahoo, Skype, and emails. I also have a lot of Western Union receipts and Xoom online history of me sending her money. I have visited her and met her family 2 times now and gave her an engagement ring. We are both eligieble to marry and have no criminal background. Also neither one of us have been married before, or have any kids.

I thought I might be asked for clarification or more info, but I did not expect to be denied. Would not providing enough info or documentation result in a denial? I guess worst case is that there is something in her background check that came up, but knowing her as long as I have, I would be very surprised. I feel foolish now if it is just because I did not provide enough info. I waited a few months before mailing the form while trying to make sure it was all I needed.

Thanks for any advise.

Sorry I did not introduce myself. My name is Mike... hello everyone.

Edited August 1, 2012 by Loida and Ed

[amykathleen2005 441]

Im wondering do you think your being helpful! Right now your just stating the obivious! Op stated the mistake in the beginning of this post so I dont know what you think your contributing by repeating clearly instruction states... Ok yes the instructions.states that so can op rewind the hands of time? I hate when someone is feeling beat up from a mistake they are aware of. Then someone keeps trying to beat them up more with pointless comments.

I am stating exactly what he needs to do. Read the directions. Refile. Sit back and relax.

You can't play the blame game, at the end of the day it is your petition so you have to be responsible for it. Simple. I wish it was that USCIS would be helpful on the phone, but that is not the case here nor for others who have called unfortunately. That's why filers need to be proactive. No one will care more about your case then you do.

Good luck OP, now you have the resources you need. Explore the timeline section of this site to see when you should be looking for a petition approval once refiled.

[keziah90210 12]

Im so sorry to hear that. I'm glad you've found this website. we will help you along the way. You don't need to pay for a lawyer. You could absolutely do it yourself. Charge it to experience and move on. Money is wasted but don't dwell on that. Money is nothing when you want to be with the one you love.. Hang in there. You'll be fine. Wait on your letter and see what it says and start all over. Let me know if i can be of any help to you.

[KayDeeCee 4,892]

i would wait to see if its a RFE first my attorney said they will not deny at first they will ask for more evidence first..

Normally they do send an RFE first, however, this sort of denial has happened before. When the petitioner sends in only the form and no other documents, they just outright deny it instead of sending a really long RFE asking for, well.. everything.

[akim10 1]

That's OK, like I said I feel foolish now. The thing is, I downloaded the I-129F instructions, and also the Fiance help pdf. None of them say I need to submit evidence of anything with the I-129F form. I knew more would be required eventually, after the I-129F is approved and when going for the interview, but I did not know I needed to submit a whole packet with the initial form. I was just in the Philippines in May, and also last year, so I have met her 2 times in the last 2 years. I can easily prove everything. I mostly used Xoom to send her money, but they for some reason closed my account, so for a while I used Western Union, but I was eventually able to create a new account with Xoom and have mostly been using them for the last year.

when we file the k1 visa i129f last decmber 2010 we put so much info including the payment..we put my birthcertificate,my nbi and cenomar.. our 10 different picturs (diff clothes and places)

bank statements letters , etc.. then he filed his salary income statement, the form .his birthcertificate.his police records,his employment card, letter of intent.afidavit of support.. we were over prepared and we put so much info when filing the i129f .. its more better to have more than less.. imsory to hear that news from you i sure know how it feel

[Ron4 22]

That's OK, like I said I feel foolish now. The thing is, I downloaded the I-129F instructions, and also the Fiance help pdf. None of them say I need to submit evidence of anything with the I-129F form. I knew more would be required eventually, after the I-129F is approved and when going for the interview, but I did not know I needed to submit a whole packet with the initial form. I was just in the Philippines in May, and also last year, so I have met her 2 times in the last 2 years. I can easily prove everything. I mostly used Xoom to send her money, but they for some reason closed my account, so for a while I used Western Union, but I was eventually able to create a new account with Xoom and have mostly been using them for the last year.

The instructions for the I-129F from the USCIS website clearly state all the things you need to send besides the I-129F and check, including G-325's, proof of citizenship, proof of ability to legally marry, letter's of intent to marry, photos, IMBRA documents if needed, court and police documents if needed, and proof of having met in person in last 2 years. (#5 part A "Provide copies of evidence that you and your Fiance (e) have met within the last two years; or if you have never met within the last two years, provide a......)

If you did not send some of these an RFE is likely if you sent none of them a denial is guaranteed.

Please read the instructions and save yoursel some time and headaches next time.

Edited August 1, 2012 by Ron4

[GandK 168]

So sorry for you. I think your best option is to re-file.

Take it as an expensive lesson, now you have found VJ, you have all the resources you need.

Read the guides and ask questions, we are all here to help.

[JimVaPhuong 4,863]

From the Adjudicators Field Manual, Chapter 10.5:

(iii) Initial Evidence Not Submitted .

USCIS can deny the application or petition. Alternatively, in its sole discretion, USCIS may request that the missing evidence be submitted within the established timeframe, which can be no more than 12 weeks. AFM Appendix 10-9 sets general timeframes for applicants or petitioners to respond to RFEs.

In this case, an RFE would have read like the I-129F form instructions, since virtually no evidence was submitted - not even evidence to establish that the petitioner was eligible to submit the petition. As indicated, the adjudicator had the discretion to decide whether to deny or issue an RFE. The adjudicator apparently didn't feel like holding anyone's hand and walking them through the process, so they denied.