Not RFE, Denied

[YamenWaad 45]

it depends

lets hope for the best

[d3adc0d3 186]

If and when you get your NOA1, you can send a follow up package to the USCIS Service Center your petition is at with the additional documents, a photocopy of your NoA1, and a cover letter listing them all, and the reason why they were not in the original petition. They may or may not receive it; but if you mail it so it has tracking you'll know when it arrives, and a few days later you can call to make sure it's been added to your petition.

Otherwise you'll just need to wait for an RFE. Typically they won't deny you for not passing in forms unless you miss the I-129F itself, they'll give you an RFE; but some adjudicators can be a bit pedantic about it.

Edited November 6, 2014 by d3adc0d3

[M and C 32]

Just read up on the K-1 process. There is a lot of information here that could really help you. If you do get an RFE, make sure you send them exactly what they are asking for.

God bless on your K-1 journey.

[jk2014 0]

If and when you get your NOA1, you can send a follow up package to the USCIS Service Center your petition is at with the additional documents, a photocopy of your NoA1, and a cover letter listing them all, and the reason why they were not in the original petition. They may or may not receive it; but if you mail it so it has tracking you'll know when it arrives, and a few days later you can call to make sure it's been added to your petition.

Otherwise you'll just need to wait for an RFE. Typically they won't deny you for not passing in forms unless you miss the I-129F itself, they'll give you an RFE; but some adjudicators can be a bit pedantic about it.

Thank you so much, really appreciate it!

[jk2014 0]

There is a chance that they will deny the second incomplete package as well, but it could happen that they only send an RFE for it. I don't think that two incomplete packages would get you denied the 3rd time as well if you send the right documents. My fiancé is very busy too, so back in the day I was the one that was reading about how things works and I was the one putting everything together the I-129F package. Thank God I found this site way before we sent our application. Without this site and its guides, I would have had a hard time figuring out how this process works.

Good luck!

Thank you so much!

[altonbebe 48]

For all Phil / Amer couples, bookmark these and they will help you.

This woman really did an excellent job creating her BLOGS

I-129F Process : http://philippinefiancevisa.weebly.com/

I-485 Process : http://filamcouple.weebly.com/

[Naisha 5]

Okay I dont know where to start coz I dont want to get any negative comments but I just need help and also looking for someone who made the same mistakes.

So my fiance only sent the form 129f and the check ONLY because he was not aware of the other needed documents. A month after he received a letter of denial and the reason was only coz the amount in the check was wrong so with the stated correction, he then sent the form 129f again with a new check indication the right amount. Both of us were still not aware of the other documents that time until I decided to read some forums and found this website. So since the 2nd incomplete application, he has not received anything back yet. Please let me know whats going to happen and what we should expect. Now that we know about the other documents, we have everything ready now. Is this going to affect the processing time and the chance of getting approved?

Anyone with the same experience or knows someone who committed the same mistakes twice?

My fiance is in the military so he's a busy guy and does not really pay attention to details, he was rushing to submitted the form thus the mistake.

To add, now I'm the one who's preparing and doing almost everything so I really need your advice. Is our situation really bad?

You reminded me of how my then-fiance, now husband filed for K1 petition on December 2012. He only sent the I-129f and the check to USCIS. Couple of months later, I found VJ and knew about the K1 packet. I was so worried that our petition might get denied since we did not send any documents to prove our relationship, and five months later we got an RFE. After we responded to the RFE, were received our NOA2 after a month. Trust me, there's nothing to worry about. You will receive an RFE and it's best if you start preparing those supporting documents. There's a step by step guide in here in VJ that tells you everything about assembling a K1 packet, you can check it, it's efficient!

My husband is in the military too (he's in the navy) and not detail oriented like I do LOL.... Don't worry, everything is gonna be alright. I was once in your situation and was anxious for several months until we received our RFE. But here I am now, married to the love of my life, working at a software company and just got my 2 yrs conditional GC last month.... Good luck on your journey!

[KayDeeCee 4,900]

No one can tell you whether or not you will receive an RFE or be denied. They have no way to know that for sure.

I have seen a few outright denials when people send in nothing more than the I-129F and a check. I have also seen some people receive an RFE or NOID. The adjudicator can decide to send an RFE, basically repeating the entire I-129F instructions and asking for all the missing evidence, or to just deny it when the instructions are not followed at all.

You can hope for a kind-hearted adjudicator that will send you an RFE or NOID so you will not have to re-file and spend another $340, or you can try to be pro-active and send in all the required evidence to the service center that is processing your case. Be sure to include a copy of your NOA1 receipt notice so it can hopefully be matched up to your petition. I have seen this work in the past.

8 CFR 103.2 (b)(8) Request for Evidence; Notice of Intent to Deny—

(ii) Initial evidence. If all required initial evidence is not submitted with the benefit request or does not demonstrate eligibility, USCIS in its discretion may deny the benefit request for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted within a specified period of time as determined by USCIS.

http://www.law.cornell.edu/cfr/text/8/103.2

[jk2014 0]

You reminded me of how my then-fiance, now husband filed for K1 petition on December 2012. He only sent the I-129f and the check to USCIS. Couple of months later, I found VJ and knew about the K1 packet. I was so worried that our petition might get denied since we did not send any documents to prove our relationship, and five months later we got an RFE. After we responded to the RFE, were received our NOA2 after a month. Trust me, there's nothing to worry about. You will receive an RFE and it's best if you start preparing those supporting documents. There's a step by step guide in here in VJ that tells you everything about assembling a K1 packet, you can check it, it's efficient!

My husband is in the military too (he's in the navy) and not detail oriented like I do LOL.... Don't worry, everything is gonna be alright. I was once in your situation and was anxious for several months until we received our RFE. But here I am now, married to the love of my life, working at a software company and just got my 2 yrs conditional GC last month.... Good luck on your journey!

Awww thank you so much for this! Your reply made me worry less. I just hope that we get the RFE sooner than 5 months! (Wow, thats long!) I wish I knew about VJ even before he started filing, we already wasted 2 months Yes, I got everything ready and coz of this, I am the one preparing everything LOL!

Congratulations on your success! SO happy for you!

No one can tell you whether or not you will receive an RFE or be denied. They have no way to know that for sure.

I have seen a few outright denials when people send in nothing more than the I-129F and a check. I have also seen some people receive an RFE or NOID. The adjudicator can decide to send an RFE, basically repeating the entire I-129F instructions and asking for all the missing evidence, or to just deny it when the instructions are not followed at all.

You can hope for a kind-hearted adjudicator that will send you an RFE or NOID so you will not have to re-file and spend another $340, or you can try to be pro-active and send in all the required evidence to the service center that is processing your case. Be sure to include a copy of your NOA1 receipt notice so it can hopefully be matched up to your petition. I have seen this work in the past.

8 CFR 103.2 (b)(8) Request for Evidence; Notice of Intent to Deny—

(ii) Initial evidence. If all required initial evidence is not submitted with the benefit request or does not demonstrate eligibility, USCIS in its discretion may deny the benefit request for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted within a specified period of time as determined by USCIS.

http://www.law.cornell.edu/cfr/text/8/103.2

My fingers are crossed! Thank you so much!