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USCIS Denial… pls Advice

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Ok, I just made a call to USCIS today and learned my I129f petition is denied. I haven’t gotten the notice yet so, I don’t really know what exactly happen although I could spell based on the scenarios of my petition.

My fiancé and I got to know each other in the past 2 years and we were constantly communicating with each other with all available means. Originally, both of us are from the same country but I have immigrated to the US a long time ago. Due to difficulties of me going there and her difficulty of leaving the country, we never got a chance to meet in person in the past two years. The difficulty is all political related situation in the country. One thing I should add is that my family and hers know our relationship and they took it for granted we are paving our ways into marriage. After I learned she was able to leave the country, I was excited and I immediately petitioned and asked her to travel to another country so that we could spend time together. Knowing that she could leave the country, I immediately petitioned for her. When I filed the petition, I told USCIS we didn’t meet in person because of the difficulty the two of us faced. Essentially I requested a wavier based on the two conditions provided in the instruction and I truly believed I fall into that category. The petition was filed and a couple of weeks later I got a chance to meet my fiancé in a neutral country. On my return, I found an RFE letter demanding evidence for our meeting in the past two years. I knew USCIS was not convinced with my presentation in the petition. I know that there was NO way the two of us could have met in person since we started dating but in hindsight though, all I needed was wait a month and half to have all straighten and then file for petition. This didn’t happen and I have to face what I should do next. My understanding is that my petition was rejected b/c I didn’t qualify to petition I129f at the time I petitioned. Now VJ folks, I seek you advice what I should do next. Assuming my case was denied based on what I presented above, should I appeal immediately after I receive the notice or should I reapply the petition? Is there a time delay b/n consecutive i129f petitioning in which case the first one is literally denied based on applicants mistake. Please give me your advice where I could advance my case in the shortest period of time possible. Also, I would like to hear if anyone had done a similar mistake like myself.

Thank you all!

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File a new petition, showing the evidence of meeting. Include all the other evidence, as well .


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Do not appeal. There is nothing to appeal and it costs more anyway. You need refile and use evidence of the meeting you recently had together in person. You now meet the requirements to file an I-129F.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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File a new petition, showing the evidence of meeting. Include all the other evidence, as well .

Do not appeal. There is nothing to appeal and it costs more anyway. You need refile and use evidence of the meeting you recently had together in person. You now meet the requirements to file an I-129F.

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My K1 timeline (4 months/NO expedites): http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

My AOS timeline (10 months):

08/16/2014 - Sent in AOS package

08/18/2014 - Delivered per USPS website

08/22/2014 - Text of receipt numbers received

08/27/2014 - NOA hard copies received (dated 08/19 and 08/21)

08/29/2014 - Notice date of Biometrics letter

09/11/2014 - Received Biometrics appointment letter

09/18/2014 - Biometrics completed at USCIS Raleigh, North Carolina

11/08/2014 - EAD / Travel Document approved and went to card production

11/19/2014 - Received EAD/AP combo card (dated 11/14/2014)

12/16/2014 - Received Notice of Potential Interview Waiver letter dated 12/11/14

06/24/2015 - AOS approved! Card picked up by USPS KY for delivery

06/26/2015 - Received green card by mail (Yay I can rest for 2 years!)

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Guys... the officer mentioned once I see the notice, I could appear or move a motion sort of thing...

Q... what is the benefit of appeal?.. would that by me time to get me to appeal instead of reapplying the case?

Or appealing is something I am trying to disproof the action taken by the CIS officer? I know I made a mistake... I guess I better wait 5 month span to have it approved

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There is nothing to appeal. Your petition was adjudicated appropriately. You did not meet the minimum requirements of the petition, they gave you an opportunity to provide the information, none was submitted. Therefore it was denied.


Phase I - IV - Completed the Immigration Journey 

 

 

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You have no basis for an appeal.

You ask for an exemption to the 2 years meeting rule because it was impossible for the two of you to meet, yet you met one and a half months later. This is why your petition was denied because it was not impossible for the two of you to meet.

All you can do is file a new petition and get to the back of the line.

Edited by aaron2020

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Refile with the new evidence. :)


The K1 journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request

05/21/2015 - Interview - Approved.

06/19/2015 - Wedding (L)

The K1-AOS journey:

06/22/2015 - AOS packet mailed to Chicago Lockbox

11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

The K2-AOS journey:

03/04/2017 - AOS packets mailed to Chicago Lockbox

09/26/2017 - Email notifications - both cards in production! AOS approved with no interview (EAD and AP already approved)

 

The ROC journey:

10/12/2017 - ROC packet mailed to VSC

 

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You have no basis for an appeal.

You ask for an exemption to the 2 years meeting rule because it was impossible for the two of you to meet, yet you met one and a half months later. This is why your petition was denied because it was not impossible for the two of you to meet.

All you can do is file a new petition and get to the back of the line.

That is true and I perfectly understand where my mistake is... but... What I am worried now is if there is going be a ripple effect on my second petition.... it was an honest mistake... but not sure how it will impact going back to line...

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That is true and I perfectly understand where my mistake is... but... What I am worried now is if there is going be a ripple effect on my second petition.... it was an honest mistake... but not sure how it will impact going back to line...

The first petition will have no affect on second petition. You did not qualify on the first petition because you did not meet within the two years prior to filing. Now you have cured your problem. Good luck on the second petition.

Edited by aaron2020

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Better get marry and file CR1. Best option. :)


I-130 USCIS

NOA1: 08/15/2013

NOA1 Hardcopy: 08/22/2013

Case transferred to CSC: 02/10/2014

Case transfer Hardcopy: 02/19/2014

NOA2: 03/05/2014

NOA2 Hardcopy: 03/10/2014

NVC:

Case arrived at NVC: 03/13/2014

Case number,IIN,BIN assigned and email id given: 04/14/2014

DS261 Available and Completed: 04/18/2014

DS261 accepted and received instruction: 04/21/2014

AOS fee paid and Payment status is "IN PROCESS": 04/21/2014

AOS Payment status shows PAID: 04/24/2014

AOS mailed to NVC: 04/24/2014

IV fee paid and payment status shows " IN PROCESS" : 04/25/2014

IV fee payment status shows PAID: 04/29/2014

Approved IV packet and DS260: 05/20/2014

Interview Date(Got from NVC by call on 05/30/2014): 07/15/2014

Received Interview Letter from NVC by email: 06/02/2014.

Biometrics done at VAC,Chennai: 06/16/2014

Medicals done at Apollo,Chennai: 06/17/2014

VISA APPROVED at Mumbai embassy: 07/15/2014

VISA Pick up at Chennai VFC: 07/18/2014

Port Of Entry: 9/4/2014

SSN Arrived: 10/6/2014

Green Card Arrived: 10/22/2014

Case Complete: 05/27/2014

 

Removal of Conditional - Joint Waiver/Divorced

 

Green Card Expired: 9/04/2016

NOA Date: 7/13/2016

Biometric Date: 8/2/2016

I-551 Samping: 7/7/2017 at Dallas Field Office

I-751 Approved: 10/07/2017 (USCIS status: New card is being produced)

New Green Card Received:  

 

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Just file a new petition since you met the requirement for this new petition.

Good luck on your journey star_smile.gif


-I am the Beneficiary-
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K1 (I-129F) petition filed in August 2013 (Approved Feb 20th 2014)
13th May 2014: AOS (I-485) & EAD/AP combo card
21st May 2014: NOA 1 and biometric letter
11th June 2014: biometric appointment
13th June 2014: RFE received via mail
16th June 2014: replied to RFE
6th August 2014: EAD Approved, AP still in initial review
12th August 2014: got tracking number for EAD
( ) August 2014: Received EAD (I forgot what date I got them but I did receive them less than 5 days from the 12th)
10th September 2014: Interview Waiver received (I wished I was interviewed)
April 23, 2015, we registered your permanent resident status and mailed you a Welcome Notice

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