Appeal or not to appeal?

[Helinut 1]

Ok, so here is my situation. I was following the advice of an US embassy employee when I first filed my I-129F in November 2012. According to her, "All you need to send is the I129F and the check and USCIS will contact you with a list of required documents and proof statements." So, I sent just that, I129F and a check for $340. And waited (Fat, dumb and happy), until 3 months went by and still no request for information. I called and was told "Your information is still under initial review, and it's best to wait." So, I waited. Well, needless to say, I received the denial letter stating "The petition you filed did not contain any initial evidence or supporting documentation. You have failed to comply with regulatory requirements for documents to support your petition, as out lined in the instructions on the Form Petition for Alien Fiancé (Form I-129F).

I realize this is all my fault and I feel like a heel for not researching more prior to my sending of documents. I'm curious as to whether or not to appeal the denial? When I called the USCIS a very helpful staffer told me to just send in the required information with the I290B (Notice of Appeal or Motion) paperwork and it will be no problem. This process is another $630. But, if approved the wait will be very short. When I called an attorney about possibly handing my appeal because of the legal prowess necessary to write a legal brief, I was informed many appeals are denied and even if the USCIS approves it, the Embassy or the interviewer in the Philippines can deny it at anytime, or really make the interview very difficult for my fiancé. His advise was to wait for the case to be dismissed (30 days) then start the whole process again. They will handle everything for me for a mere $975 (flat rate) + filing fees.

I am open to any and all suggestions. I've got calls into several other attorney's to see if this guy was just wanting my business or if I really don't have much of a chance in my appeal.

I will note, Neither of us has ever been arrested, married, have children etc. I have traveled there, have pictures with her and her family, lots of receipts and travel documents, tax forms, letters of intent to marry etc.

Thank you so much for your input.

Mark

[Harpa Timsah 13,258]

Your appeal will be denied because you need to show USCIS error and there was none. Refile and follow the instructions. Good luck.

[QueenOfBlades 224]

If it were me, I would forget the appeal idea and re-apply. Appeals are only for when USCIS is in the wrong and have made an error in the adjudication of your case. They aren't, because you didn't supply any supporting information whatsoever. The appeal will take a very long time and you'll be no closer at the end of it. Re-apply yourself, or if you don't want to, go with the attorney you mentioned. Your best option is to re-file, as USCIS have made no error.

[skiptex 225]

Refile.. read the guides here.. follow check list.. read again.. look at examples. Read post in k1 forum to learn from others mistakes and look up what questions they are asking..

Save money. Lawyers

Big mistake u did but time to move on and do over

[toga 1]

Unless someone disagrees it looks like the consensus is to reapply. Really nice that you received these replies so quickly!

[Ryan H 3,796]

Your best option is to refile.

[Helinut 1]

Thank you all for your input. I was afraid this was the case! I'll keep you posted.

Mark

[Boiler 43,749]

Refile.

[baron555 934]

Thank you all for your input. I was afraid this was the case! I'll keep you posted.

Mark

Revile and follow the Guides. Period

[Alieu1980 0]

It happened to me as well and I had to refile all over again with my attorney advise. So my thoughts to you is to refile and follow the instructions on VJ and USCIS web site. I don't think you need a lawyer because it is a waste of money and time. I regret hiring my lawyer.

[D N Medellin COL 75]

Ahhhhhhh, refile! Done deal.

Good luck to you both!

[St&Sv 33]

Adding to the refile bus. Use this time to read over the guides here on VJ, and research, research, and research. Do all of this while you wait for the dismissal and then you can turn right around and send it. It's going to take some time either way because there are things your girl is going to need to sign, so you'll be mailing or taking trips to get them done. It's not very hard to do it on your own, and most of us here are self-appliers.

[Tahoma 2,291]

I would re-file. I wouldn't use an attorney. You can save money by using this website.

By the way, I don't think you need to wait 30 days to re-file.

[bigdog 376]

Refile the K-1 or take a trip to see her, get married and file as such.

[glenmar 34]

Re-file and remember.....IMBRA WAIVER FOR EXCEEDING FILING LIMITATIONS....You would have filed more than 1 petition in a 2 year period. Also ditch the lawyer. All the information you need can be found right here on vj...oh yes and it's free.