Refile or Appeal?

[SFGigantesFan 0]

Hello,

My I-29F came back to me denied because I forgot to submit one form. I didn't realize that I needed an intent to marry letter from the beneficiary as well. I feel really stupid that I overlooked that part. The letter says that I can appeal for $630 dollars and submit that information within 30 days of the letter notice. My question and concern is time and money. I've read a couple of forums on this site recommending that refiling is better because its cheaper and that there is a timeline. Is it true that when you submit an appeal that it can take up to another year just for that?

And if I do refile, how do I make mention that I refiled prior? Am I suppose to send them the denial letter? Do I still use the same alien number given to me the first time I filed? Any suggestions or answers would help. Thank you.

[Sarah Elle-Même 660]

Appeals are more expensive have been known to take a long time. Your appeal could be denied even since it was a matter of missing paperwork on your end. Better to refile. Chalk up the $340 from the first petition as an educational expense.

[PerditaD 35]

They don't normally deny petitions because of one forgotten document - they send an RFE (request for further evidence) so make sure to check your packet thoroughly before filing again to make sure that you included everything else that is required.

http://www.visajourney.com/content/k1guide

[SFGigantesFan 0]

So refiling it is. Thanks guys.

As far as the missing documents issue goes, this is what the denial letter stated:

"The petitioner failed to submit the intent to marry statement by the beneficiary, therefore, the submitted evidence is sufficient in establishing the petitioner and fiance(e)'s intent to marry within 90 days of the fiance(e)'s admission to the United States.

Based upon the record, the petitioner has not established the petitioner and fiance(e)'s intent to marry under section 214(d) and the Act. As such, the petitioner has not established eligibility for the benefit sought within the meaning of section 101 (a) (15) (K) of the Act. Therefore, the petition is denied."

[lost_at_sea 995]

It's weird you got a denial for that. I've seen dozens of RFEs for that info. I wonder if you had an RFE that you never received.

[PerditaD 35]

Wow... that sucks. It's really weird because there are so many people here who only got RFEs for that. I don't know why in your case they went so far to flat out deny your petition

Good luck with refiling and I really hope it will go smoothly this time!

[SFGigantesFan 0]

As soon as I received the letter, I went ahead and booked another trip to see my fiancee in the Philippines. I just can't wait another 6 - potentially year long wait just to see her again.

Thanks a lot everyone. I really appreciate all of your help and insight! I'll be honest, I didn't know about this website before I submitted my application, and since I've signed up I have had a better understanding on what things to submit. The instructions, guides, and community are really helpful.

[Tahoma 2,292]

Your I-129F packet must have ended up on the new guy's desk.

Refile it.

Have a wonderful trip!