USCIS Denial… pls Advice

[Cathi 5,610]

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...

As others have said there is no basis for an appeal, you didn't fulfill the requirements of the petition. There will be no problem with the second petition because of the first denial. You have now met in person, you have fulfilled the requirements. But you may or may not have issues later down the line because you have only met once and spent very little time together in real life.

[baron555 934]

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.

Yep

[Bin deeq 10]

I suggest to prepare carefully all needful papers including evidence of meeting in person , then file a new I-129F.

[CowBoE 429]

I feel for your frustration. Why can truly loving couple just come together...

But since US is probably the most favorite place people from all over the world want to immigrate to, and I bet there aren't enough government workers to do thorough check to weed out the frauds, unfortunately USCIS had to reject the ones that didn't meet the stated requirements.

I am a newbie here, so others will have better suggestion, but I wish all the best in your re-filing.

That said, read over the requirements carefully in terms of evidence that they are seeking and

make sure you are really well prepared the second time. I think there's some limit on how many times

you can actually petition I-129F in certain time frame.

You want to keep a long list of good records that you met:

1. Your flight tickets

2. Your passport entry/exit stamps (and any visitor visa you obtained)

3. Hotel reservation

4. Place you visited together (tickets, receipts, pictures, etc.)

5. Currency exchange receipts

6. And of course, lots of pictures together,

perhaps some with famous landmark figures to show where you are at

May be even hold up a latest popular magazine or newspaper to show time as well

7. Family and/or friends dinner gathering will also be good...but that may be difficult in neutral country meeting

In any case, think through thoroughly, and refile with bulletproof evidence.

Best of luck to you!!!

[Misha'sgirl 44]

Not true at all.

What about a K3?

[dwheels76 5,462]

What about a K3?

They would have to be married to go that route. And really its not a Visa thats issued too often if at all. Doesn't get your hunny here any faster and majoritty of time the I-129F petition will be closed by either NVC or Embassy when they see an approved I-130 in the system.

[dwheels76 5,462]

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!

Be sure you thoroughly show you meet and was in the same place at the same time. You don't want to mess this up. More than just stamps and receipts. You need pictures and I pray you have pictures of you at landmarks or places easily identifiable in pic.

[Senai 1]

Just the wait time for the denial letter is painful. One would love to get over the denial and start all over with carefully presented petition!... I think I need withdraw the case and restart all over again.. only if the withdrawal request is granted immediately!

[Senai 1]

Has any member been denied the I129f petition by USCIS? If so, I appreciate if someone would share his/her experience and how he/she overcame the issue. From the timeline I see, approvals are now days pretty quick after an RFE is supplied. What I don’t understand is a case recommended for denial after an RFE was supplied seems to last forever. Mine was denied about a month ago now but no word of final say from USCIS. All they say is it is under further supervisor review! It is frustrating but I don’t know if I need to Wait idle or withdraw the case.

[NigeriaorBust 4,087]

Being denied just means you didn't file a good petition to prove you qualified for the benefit. You fill out a new petition being more careful about showing that you qualify for the benefit you seek. You case is probably just caught up in a backlog of work and holiday days off. Do not worry about the first petition, you know the problem. Get the next one ready minus reference to the letter of denial.

[christeen 966]

Generally, the 129 gets sent back then expires... So waiting for the denial is idle months of waiting... You did not meet the requirements in your first petition, so I would withdraw and get moving with your new petition and include your new evidence... K1 is moving pretty quick at the moment, but that could change and slow down at any time, so I would get on it as soon as you can... Don't wait months for a denial (or more likely just and expiration)... That way you can be together sooner...

[Senai 1]

Being denied just means you didn't file a good petition to prove you qualified for the benefit. You fill out a new petition being more careful about showing that you qualify for the benefit you seek. You case is probably just caught up in a backlog of work and holiday days off. Do not worry about the first petition, you know the problem. Get the next one ready minus reference to the letter of denial.

I still believe my waiver request to meet my fiance is valid although the officer who reviewed my case didn't buy it, unfortunately. Nonetheless, I have reached the deadlock. My concern is that should I withdraw the petition volunteerly? Or should I wait for the final notice.. God knows how long it will take them to respond?... I don't even know how long would it take if I request to withdraw the case either? that is why I wanted to see if people have experienced similar cases!

[Senai 1]

Generally, the 129 gets sent back then expires... So waiting for the denial is idle months of waiting... You did not meet the requirements in your first petition, so I would withdraw and get moving with your new petition and include your new evidence... K1 is moving pretty quick at the moment, but that could change and slow down at any time, so I would get on it as soon as you can... Don't wait months for a denial (or more likely just and expiration)... That way you can be together sooner...

Thank you for your input. In hindsight, I should have withdrawn the case once I received the RFE requesting of meeting my fiance back in late September. Looking back, I don't even know why I received the notice while I made it clear in the petition I didn't meet my fiance in the past two years for oblivious reasons!... I guess I need to withdraw the case... but I am wondering if the USCIS will hold the request for a while or respond immediately after the withdrawal request is made... that is what is holding me in the past two weeks.

[NigeriaorBust 4,087]

There is a small ( very very small ) chance that the senior officer will decide to allow the petition to continue. An unapproved petition does not expire , that is only for petition that have been approved and you have an NOA2 with the expiration date. Review however could take 6 months and is not likely to change the original decision. You now have met with your fiance and hopefully have lots of pictures and primary evidence of that meeting. Withdrawl and refiling is the speediest route. Make sure to cover petition one and the reason it was withdrawn when you submit petition two

[christeen 966]

There is a small ( very very small ) chance that the senior officer will decide to allow the petition to continue. An unapproved petition does not expire , that is only for petition that have been approved and you have an NOA2 with the expiration date. Review however could take 6 months and is not likely to change the original decision. You now have met with your fiance and hopefully have lots of pictures and primary evidence of that meeting. Withdrawl and refiling is the speediest route. Make sure to cover petition one and the reason it was withdrawn when you submit petition two

Good to know, however, would you agree that despite the remote possibility of overturning the decision, the fastest way would probably be to withdraw and refine with the new evidence? Given the wait time could be 6 months for the denial? Given that current k1 processing is 4-6 months I would think that would be the faster, more secure route?