Denied I-129f, want to file CR1

[Layawho 0]

Hi all! I need help and advice. I have been losing sleep and appetite over my situation. My I-129f was denied twice. The first one was long ago, by the consulate and the 2nd one, just very recently because I failed to turn in proper document. I have been beating myself up for the mistake! Anyway, with 2 I-129f denials, can I move forward with a CR1? We are planning on getting married! And if I can proceed with the CR1, is there a waiting period before I can file? Meaning do I have to wait for a certain amount of time (how many months) for the recent I-129f denial to be cleared?

Any help is greatly appreciated!

Thanks

[dhadz 2]

Hi all! I need help and advice. I have been losing sleep and appetite over my situation. My I-129f was denied twice. The first one was long ago, by the consulate

and the 2nd one, just very recently because I failed to turn in proper document. I have been beating myself up for the mistake! Anyway, with 2 I-129f denials, can I move forward with a CR1? We are planning on getting married! And if I can proceed with the CR1, is there a waiting period before I can file? Meaning do I have to wait for a certain amount of time (how many months) for the recent I-129f denial to be cleared?

Any help is greatly appreciated!

Thanks

ohh sorry to hear that.if you dont mind.i just want to ask if what causes your denial?..

[Layawho 0]

Dhadz! First denial because consulate didn't believe the relationship was authentic. The relationship fell apart not too long because my ex fiancé blamed me for the denial. The 2nd denial as stated because I failed to supply proper document.

[NikLR 13,227]

~~moved IR1/CR1 process and procedures from K3 process and procedures~~

[Ryan H 3,813]

An I-130 can be filed as soon as the proper documents are in-hand and have been photocopied (only photocopies are needed when filing). There is no required wait time.

If the most recent I-129F is still active, then it will need to be withdrawn (reason being that you have married and are now pursuing a spousal visa).

[_Paul&Jesica_ 70]

Dhadz! First denial because consulate didn't believe the relationship was authentic. The relationship fell apart not too long because my ex fiancé blamed me for the denial. The 2nd denial as stated because I failed to supply proper document.

You weren't given instructions how to submit the missing document? You didn't receive a 221g? That seems unusual from what I understand about the process if it was just a missing document.

[jan22 3,056]

You weren't given instructions how to submit the missing document? You didn't receive a 221g? That seems unusual from what I understand about the process if it was just a missing document.

This is a denial of the petition (I-129f), not the visa. 221g is a visa denial for further information/documentation.

Edited July 11, 2014 by jan22

[_Paul&Jesica_ 70]

This is a denial of the petition (I-129f), not the visa. 221g is a visa denial for further information/documentation.

Ah right. My bad. Still an RFE should have been generated for a missing document. It still doesn't make sense why the petition was denied just for missing documentation.

[Adrian-Gloria 43]

Ah right. My bad. Still an RFE should have been generated for a missing document. It still doesn't make sense why the petition was denied just for missing documentation.

This is accurate, you didn't get an RFE? that's really strange, i'm sorry you're going through this.

[blooms 63]

Dhadz! First denial because consulate didn't believe the relationship was authentic. The relationship fell apart not too long because my ex fiancé blamed me for the denial. The 2nd denial as stated because I failed to supply proper document.

So if I may ask you, the second petition is with a different fiancè? As you mentioned "ex-fiancè" on your previous post? If so, make sure you do not have any petition for you pending with USCIS. And you can pursue CR-1 naturally, just make sure you have everything they requested. Because they might ask you for the same documents you failed to present the last time.

Good luck

[Layawho 0]

So if I may ask you, the second petition is with a different fiancè? As you mentioned "ex-fiancè" on your previous post? If so, make sure you do not have any petition for you pending with USCIS. And you can pursue CR-1 naturally, just make sure you have everything they requested. Because they might ask you for the same documents you failed to present the last time.

Good luck

Yes the 2nd petition is for a different person than the first and my pursuing the CR1 would be for the same person that my 2nd petition was denied! No pending petition since it's been denied!

I appreciate everyone's help. Helped put my mind at ease for a while!

[Layawho 0]

An I-130 can be filed as soon as the proper documents are in-hand and have been photocopied (only photocopies are needed when filing). There is no required wait time.

If the most recent I-129F is still active, then it will need to be withdrawn (reason being that you have married and are now pursuing a spousal visa).

Just so I'm clear, 2 I-129f denials won't affect the cr1 application and processing in anyway correct? I don't want to have my heart shredded again if it's denied before it gets to the consulate (assuming I have all requested documents)

Thanks

[NikaMo 39]

Once you are married, I-129F is not valid anymore. So when you send I-130 make sure you withdraw your I-129F petition based on your status has changed. That's what exactly I did. They replied to me that my I-129F was withdrawn and not valid anymore since I am married and also noted that I have an active I-130 case with same beneficiary and put that information on my new application that I am withdrawing previous case.. They put both case number on the letter they sent me. Just write a letter describing you are now married and filing I-130 together your I-130 application and reason being you are married now. That will take care of it.

[Layawho 0]

Once you are married, I-129F is not valid anymore. So when you send I-130 make sure you withdraw your I-129F petition based on your status has changed. That's what exactly I did. They replied to me that my I-129F was withdrawn and not valid anymore since I am married and also noted that I have an active I-130 case with same beneficiary and put that information on my new application that I am withdrawing previous case.. They put both case number on the letter they sent me. Just write a letter describing you are now married and filing I-130 together your I-130 application and reason being you are married now. That will take care of it.

Just so I am understanding you correctly, the letter explaining the change in status doesn't have to be submitted before but can be submitted at the same time I file I-130.?

Thanks you have been helpful!

[NikaMo 39]

You can submit any time you want. Before, after or together. My thinking was it is easier for USCIS if you file together. My K-1 interview was in September 21, 2011. Denied and shocked and did not know what to do. what do I do? Did not have enough time to get marry! It is very complex long process to get married in Cambodia as you might know. I had to come back to USA and had to prepare to get married and went back 5 months later. It took me almost 4 weeks and lot of bribery to different places to get permissions from ministry of foreign affairs to get married. So be prepared to stay at least 4 weeks to complete all procedures to get married. IF you don't follow local tradition and rules and regulations, your case will be denied the first minute of your interview. Doesn't matter the approval from USCIS. When I sent I-130 I sent K-1 withdrawal letter with the petition. About 5 months later I got a letter indicating they withdraw my K-1 case per my request and also indicated since I am married, K-1 case not valid any more. I brought everything but kitchen sink during my wife's interview. I saw withdrawal letter in her file at the Embassy but they did not ask anything about it during interview. Don't hesitate to contact me if you have any question. Spending 3 full days inside Embassy and witnessing many interviews during those days, I became an expert on interviews. You can see and hear every question they ask. It's right in front of everyone waiting for interview. Number one cause for denial is getting engaged or getting married on first visit. Almost everyone gets deniaed if that's the case. First question they ask how did you meet? Then they ask you how many times he/she visited you before getting engaged or married? If answer is one time they will keep asking and hammering that question for 30 minutes or an hour and denial at the end no matter how many evidence you show them. Since you got denied once, go slow and sure. Get everything together and go by the books and do it correctly. You will be succeeded..