Help with my I-130 Petition

[Justme43 2]

Hello Y'all,

I need help with my I-130 petition. So after my K-1 petition was denied 3 weeks ago, I was advised by the embassy to file an I130 petition. I called the USCIS for advise and was told to file this petition and include a letter of explanation to it explaining exactly what happened to my previous petition but I just don't know where to start. Has anyone done this before and can someone please let me know how to start letter or say in this letter? Its just a very stressful situation. Also my man is not here in the country with me and therefore we don't have any bills or statements together. What other supporting documents can I attach to my petition apart from the marriage certificate, travel docs, WhatsApp chats, phone call logs and photos?

Any help or advise would be greatly appreciated

Thank you all

[C-ma'am 684]

**deleted

Edited February 28, 2016 by Celeste & C

[dwheels76 5,486]

Hello Y'all,

I need help with my I-130 petition. So after my K-1 petition was denied 3 weeks ago, I was advised by the embassy to file an I130 petition. I called the USCIS for advise and was told to file this petition and include a letter of explanation to it explaining exactly what happened to my previous petition but I just don't know where to start. Has anyone done this before and can someone please let me know how to start letter or say in this letter? Its just a very stressful situation. Also my man is not here in the country with me and therefore we don't have any bills or statements together. What other supporting documents can I attach to my petition apart from the marriage certificate, travel docs, WhatsApp chats, phone call logs and photos?

Any help or advise would be greatly appreciated

Thank you all

Never heard them ask for an explanation of what happened. I think the rep might have been misguided. All you need is a short letter stating you want to withdraw your I-129F petition (receipt number) have that with your I-130 petition package.

They don't expect you to have shared accounts and such of living together. The last sentence of evidence just like your K1, chats, IM's phone logs. But most important your time together. Pics with family friends. And since you been through this already a relationship timeline to wrote out the points of your journey. Here's an example I have passed around for years that's helpful I hope.

RELATIONSHIP TIMELINE

Minnie Mouse– Petitioner Mickey Mouse - Beneficiary

• May, 2008 – Meet (put in names here) on the telephone via an introduction by my close friend, Goofy,
• August, 2008 – Started e-mailing, chatting on Yahoo Messenger and talking on the telephone.
• November, 2008 – Relationship progressing to a serious level. Made trip #1 to Osaka, Japan. Met his family and friends.
• January, 2009 – Mickey proposed marriage over the phone. I accepted. We are officially engaged!
• February, 2009 – I file an I-129F fiancé petition for Mickey in the U.S. on a K1 Visa. I have kids from my first marriage and we thought it would be considerate to have them meet Mickey prior to marriage and be present at their mother’s wedding, therefore, petitioning for the K1 and not the K3 or CR-1.
• February, 2009 – Trip #2 to Osaka, Japan. Our engagement party!
• May 2009 – I-129F petition approved by the USCIS.
• July 2009 – Mickey’s interview at the U.S. Consulate in Osaka, Japan. Request made by CO for more photos and e-mails.
• August, 2009 – 2^nd interview at the U.S. Consulate in Osaka, Japan. Present many more e-mails phone records and photos documenting our relationship. Mickey’s visa application placed in Administrative Processing status.
• September, 2009 – Trip #3 to Osaka, Japan. Sweet reunion.
• November, 2009 – Request assistance from my Congresswoman – Carolyn McCarthy - to make inquiries on my behalf to the U.S. Consulate in Osaka, Japan regarding Mickey’s lengthy AP.
• December, 2009 – Case remains under Administrative Processing status.
• January, 2010 – I make a request of the U.S. Consulate in Osaka, Japan to meet with the investigator handling our case in hopes of expediting the lengthy AP period. Request granted.
• February 8, 2010 – Fraud investigators from the U.S. Consulate in Osaka, Japan pay a visit to Mickey’s parents house. His parents confirm that our relationship is genuine and that they support it.
• February 16, 2010 – Trip #4 to Osaka, Japan. Meet with fraud investigators at U.S. Consulate in Osaka, Japan. We are both interviewed separately and asked many questions pertaining to the details of our relationship. We believe all went well.
• March 2, 2010 – Mickey called to return to the U.S. Consulate in Osaka, Japan on March 23^rd (after almost 8 months of Administrative Processing).
• March 23, 2010 – Mickey’s visa application is denied. Reason for denial: Investigator did not believe I was committed to marrying Mickey within 90 days of his arrival in the States on the K1 visa. Why? Because at the Feb. 16^th interview with the investigator, I stated that I filed a fiancé petition instead of a marriage petition so that my kids could meet him first before we get married and be in attendance at our wedding. Investigator interpreted my words to mean that I needed to “understudy” my fiancé and that I wasn’t sure about marrying my fiancé.
• April, 2010 – Attempt to overturn denial while case still at the Consulate: Letter sent from my attorney – Marc Ellis – to the U.S. Consulate in Osaka, Japan along with affidavits from friends and family attesting to the fact that my intention was always to marry Mickey as soon as he arrived here on the K1. Attorney letter and affidavits never acknowledged by Consulate.
• April/May, 2010 – Plan our wedding.
• May 29, 2010 – Trip #5 to Osaka, Japan.
• June 1, 2010 - Get married!!!!!
• June, 2010 – Upon my return to the U.S., file an I-130 petition for my husband to come join me in the U.S. on a CR-1 visa.

I, Minnie Mouse, declare under penalty of perjury that the above facts and the above timeline between my husband and me are true and correct.

_____________________________

Minnie Mouse

ADDRESS

CITY, STATE ZIP

Executed on this _______ day of _______, 2010

[Justme43 2]

Thank you very much.

[kingjulian 81]

On what basis were u denied your k1? What did the consular officer say? These information is very important.. Do you mind sharing what transpired at the interview?

[LoveinGhana! 55]

Hello Y'all,

I need help with my I-130 petition. So after my K-1 petition was denied 3 weeks ago, I was advised by the embassy to file an I130 petition. I called the USCIS for advise and was told to file this petition and include a letter of explanation to it explaining exactly what happened to my previous petition but I just don't know where to start. Has anyone done this before and can someone please let me know how to start letter or say in this letter? Its just a very stressful situation. Also my man is not here in the country with me and therefore we don't have any bills or statements together. What other supporting documents can I attach to my petition apart from the marriage certificate, travel docs, WhatsApp chats, phone call logs and photos?

Any help or advise would be greatly appreciated

Thank you all

We were denied the K-1 in 2015 but we got married and filed for I-130. We also do not have any documents such as bank accounts or bills here in the U.S. but we did open up a bank account together in Ghana on my last visit to see my husband.

What you have so far as evidence is a great start. Do not panic, just gather all your evidence and move forward. Everything will work out, I wish you the best.

[Justme43 2]

Hello kingjulian

We filed for K1 petition but was told by the embassy that we filed the wrong petition based on the pictures of our engagement. They said engagement is marriage in Ghana so we should file an I-130 petition.

[IcezMan_IcezLady 582]

Your answer is on this post..

http://www.visajourney.com/forums/topic/224668-how-to-cancel-or-withdraw-k-1-petition/