CONFUSED -- wait or withraw and refile?

[prettyMom 0]

Hello everyone!

So my fiance filed a K1 visa petition and mailed the I-129f forms without any supporting documents of relationship. I know we messed up the application for not doing some research prior the filing. Now, nearly 9 months after the NOA1, we were informed by the service center representative that USCIS lost our application and were advised to wait 90 days for they try to locate our application.

Now, whats confusing me is should we wait 90 days and wait for denial (cause its possible the petition will be denied for not sending any documents supporting the relationship

) or not to wait and just withraw the first petition and refile--this time with every piece of relationship evidence will be submitted

Replies will be very much appreciated.

Thank you.

Now my concern is: do we

[Tim/Mav 305]

Sorry what happened : You admit a mistake about supportive evidence in the Original 129-F. BUT YET ! You Have a NOA1 and Case #. So therefore, it is a matter of record with your Service Center and USCIS. A RFE should have sent along time ago for missing information (not a denial of the petition but that can happen) This is Not the case with your petition. Now, they said they lost it. Wait 90 days. No.... Refile and spend all that money again and start the process over? Maybe or Maybe not.

Try this if you have'nt already. Have the Petitioner Contact his Congressman and have him/her Contact your Service Center and wait for their reply. Then put in a Service Request to pull up your Petition. Everything you do as well as a inquiry from your Congressman is a Matter of Record. If and may happen they need additional information a RFE will be sent. But, thats a good thing and hopefuly after responding to that RFE your NOA2 in hand shortly and not have to start all-over. Lost paperwork after they Cashed the Petitioners Check is a LAME Excuse after 9 months. Your post does indicate your tried this Route. Please make a Time-Line and keep Members informed. Don't be in a hurry to withdraw and start anew as of yet. Tim

[Penguin_ie 5,986]

What exactly did you send? It is very unlikely the petition will be denied if you didn't send any photos/ phone bills etc- those things can be brought to interview. Even if you didn't send proof of meeting in person, they usually issue a RFE rather than deny outright. That would add a little time but one they find your file, you can ask for an expedite due to USCIS error (as they admitted to loosing your file and thus delaying the process).

[Andie 147]

It depends on how much information you sent as to whether they will deny. Even then it depends on the person who looks at your petition. They may outright deny or may send an RFE.

9 months is a long time to wait for an NOA2 (approval) - I would be calling and talking to a Tier 2 person who can advise you as to your status - you need to take action - don't just wait... months can go by without any activity.

Edited November 4, 2012 by Andie

[prettyMom 0]

Thank you for your input guys.

@Tim -- he's going to see his congressman tomorrow and hopefully getting good news about our case.

@Penguin_ie -- unfortunately, only the i-129f forms were submitted and of course the filing fee.

@Andie -- thank you.

So guys, here's our other option. DUPLICATE PETITION. We are beyond projected processin time and i have read in some forum that we could do that to replace the missing original submission since the USCIS admitted that they lost our file. And maybe this is our chance to submit all the necessary documents that we should have sent along with the 129f in our original submission.

You think guys it would be a better idea? Providing we have not receive a request of it from the USCIS..

Thank u.

Edited November 4, 2012 by prettyMom