USCIS Denial… pls Advice

[Senai 1]

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!

[Darnell 8,478]

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

[KayDeeCee 4,891]

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.

[clairegie 265]

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.

What they said.

[Senai 1]

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

[Senai 1]

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.

Makes perfect sense...

[Pinkrlion 2,607]

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.

[aaron2020 11,651]

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 December 17, 2013 by aaron2020

[SparklePony 238]

Refile with the new evidence.

[Senai 1]

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...

[Senai 1]

Refile with the new evidence.

that easy I have yet to see if there has been a case I faced

[aaron2020 11,651]

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 December 17, 2013 by aaron2020

[Lifehastomoveon 37]

Better get marry and file CR1. Best option.

[Cathi 5,609]

Better get marry and file CR1. Best option.

Not true at all.

[EndlessStory 53]

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

Good luck on your journey