I-129K Denied

[HOSA 3]

My name is Henry, I am a naturalized citizen of the United States originally from Ghana. In October 2015, I filed the I-129F petition for Hannah, my fiancee. I've known Hannah since high school (high school sweetheart). I was in the U.S for eight years and had not seen her. After filling I was told the petition was received and it has been accepted. On December 28, 2015, I went to Ghana for the first time since I came to U.S, in 2008. The reason why I went was because I got admission for graduate school therefore if I should start school in Spring 2016, I may not be able to visit anytime soon. Before I left in December, I received a letter from USCIS requesting for evidence of meeting in the past two years prior to the application. I had stated in my petition and added documents stating that I had not been able to Ghana in the past eight years. I came back to the U.S January 13 because I had a workshop on January 14 and school starts a week after that. As a response to the request for evidence, I sent all my flight receipts, boarding passes, pictures and other things they requested for. I got a notice that they have received my evidence on January 20, 2016, and are reviewing it at their California service center. On March 7, 2016, I received a notice that my I-129F fiancee petition has been denied and I would receive a mail stating the reason and my options. The problem I have is that I do not know whether to appeal or to start a whole new application process. And to be honest, this hurts so bad especially when you've done all you can to stay a resourceful citizen, do the right things and you get denied.

I am going to Ghana in May 2016 as part of my studies to do a research work on the effects of dry land and migration on the agrarian economy of northern ghana. I do not know if I can use this trip to my benefit or just go there, do my research and come back into the U.S and see what USCIS do with me.

Noticeses ::

"On March 7, 2016, we denied your Form I-129F, Petition for Fiance(E), Receipt Number ............. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by March 22, 2016, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

January 20 2016

"We received your response to our Request for Evidence for your Form I-129F, Petition for Fiance(E). Our California Service Center office is working on your case again."

January 22 2016

On January 22, 2016, your request to change your address, referral number CA10211600191CSC, was completed.

December 03 2015

"We mailed a request for initial evidence for your Form I-129F, Petition for Fiance(E)."

October 19 2015

"We received your Form I-129F, Petition for Fiance(E)"

Thank you

[Georgia16 2,858]

You have to meet BEFORE you send the I-129F ... You have met now so just send in a new I-129F with the evidence.

[JFH 12,189]

Rules are rules. If you've not met within the two years prior to the petition, no K-1. Why did you sign the form saying you had met within the previous two years if you hadn't? Did you think they wouldn't notice?

[HOSA 3]

Rules are rules. If you've not met within the two years prior to the petition, no K-1. Why did you sign the form saying you had met within the previous two years if you hadn't? Did you think they wouldn't notice?

Thank you for replying to me. I didn't sign saying we have met, i told them inluding documents that we have not met ever since i came to the United States in 2008. May be I should have just waited and file after I returned from my visit

Thank you

You have to meet BEFORE you send the I-129F ... You have met now so just send in a new I-129F with the evidence.

Thank you. I think my best option is to file for a new I-129F and would I have to pay another $360 processing fee?

[Georgia16 2,858]

Thank you for replying to me. I didn't sign saying we have met, i told them inluding documents that we have not met ever since i came to the United States in 2008. May be I should have just waited and file after I returned from my visit

Thank you

Thank you. I think my best option is to file for a new I-129F and would I have to pay another $360 processing fee?

$340 yes.

[Boiler 43,391]

On what basis did you come to the US?

[Transborderwife 4,666]

Pay another fee and refile

[HOSA 3]

On what basis did you come to the US?

green card

Pay another fee and refile

Thank you

On what basis did you come to the US?

green card

[JFH 12,189]

Thank you for replying to me. I didn't sign saying we have met, i told them inluding documents that we have not met ever since i came to the United States in 2008. May be I should have just waited and file after I returned from my visit

Thank you

Thank you. I think my best option is to file for a new I-129F and would I have to pay another $360 processing fee?

How did answer question 34 and 34a on the I-129F?

[HOSA 3]

How did answer question 34 and 34a on the I-129F?

34 was NO

34a was met for the first time in high school and the last time before I left ghana

[Ebunoluwa 6,136]

The requirement is to have met in the past 2 years and explanations of reasons why you didn't meet this requirement will result in denial by USCIS.

Meet, gather evidence of the meeting (boarding passes, receipts from hotels, photos of you and her family etc....)

Ghana is very tough to go through and it may be best to just marry and file a CR1.
Front load the petition with everything that shows you have a bona fide relationship or your case will be refused at the embassy stage and you have to

start a third time.

Read some Ghana threads in the regional forum and read the Ghana embassy reviews (tab on top).

[Unidentified 2,930]

Did you miss the part in the instructions where it says that the only way to get approved if you haven't met within the last 2 years is if a) "the requirement to meet your fiance(e) in person would violate strict and long-established customs of your or your fiance(e)'s foreign culture or social practice"; or b) "the requirement to meet your fiance(e) in person would result in extreme hardship with you"?. Just not taking the time to travel does not fit in there.

[Illiria 980]

But how did you obtain the green card? Spousal visa, fiancé visa, family visa, diversity visa, entrepreneur visa?

I think you need to read all the forms instructions and look at the guides on this site very carefully as you seem to be charging into this only half reading it and getting it wrong, this has led to a denial already so don't let it lead to another. Listen to ebunoluwa they know what they are talking about.

Edited March 11, 2016 by Illiria

[Unidentified 2,930]

But how did you obtain the green card? Spousal visa, fiancé visa, family visa, diversity visa, entrepreneur visa?

I think you need to read all the forms instructions and look at the guides on this site very carefully as you seem to be charging into this only half reading it and getting it wrong, this has led to a denial already so don't let it lead to another. Listen to ebunoluwa they know what they are talking about.

I agree 100%. Read up on the whole process before you refile.

[JFH 12,189]

34 was NO

34a was met for the first time in high school and the last time before I left ghana

So why are you surprised you were denied? You haven't met the requirements. I understand it's upsetting but you must have known this was coming?