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Hi everyone! I've been reading pretty much all the forum and looking if any topic can answer a few questions I have but I am still confused on what to do so I will definitely appreciate all your help and thank you in advanced! So, not to make this longer this is the case (really awful but it happened!)

My fiance and I applied for K1 visa and we got our NOA1 11 days after, then got a RFE for some photos and we forgot to send my statement of intent to marry him (horrific mistake) so long story short, our petition was denied 3 months after we submitted it.

Now, I need your help with this:

1. Our options are appealing/submit motion or reapplying

Questions:

1. what is our best shot? reapplying? appealing/submit a motion?

2. If we reapply, do we have to withdraw the first petition or by denying it we dont need to withdraw that one

3. If we appeal/submit a motion, which one applies to our case? In the I-129B form there are 2 options where we need to choose one either appeal or Motion and in Motion we need to choose from Reopen, Reconsider, or Reopen and Reconsider... yeah! It's got me head over feet!

4. Should we get a lawyer?

For the record, besides that horrendous and dumb mistake I believe we do qualify for a K1, we have an american daughter and we just met for 5 days (he came to visit). We're both free and willing to marry each other! We have, pictures, plane tickets, engagement ring reciept and many other stuff that can support our case!

In advanced! Thank you all very much!!!!

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What was the reason stated for the first denial? Did you fail to response to the RFE? You need to resolve that issue.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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What was the reason stated for the first denial? Did you fail to response to the RFE? You need to resolve that issue.

Yes, there should have been something saying why the case was denied. Without fixing that then your questions have no merit. I hope you don't have to re-submit because that would mean all new fees.


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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What was the reason stated for the first denial? Did you fail to response to the RFE? You need to resolve that issue.

They stated that we failed to submit my statement of intent to marry him and yes we failed to respond the RFE (not purposely) :crying:

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They stated that we failed to submit my statement of intent to marry him and yes we failed to respond the RFE (not purposely) :crying:

Refile. Do it right this time. :)

You don't need a lawyer, unless you don't think you can do the paperwork correctly the second time around.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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1. You can only appeal if USCIS made a mistake. Failing to respond to a RFE is your mistake. There is no basis to appeal a denial based on failing to properly respond to a RFE.

1. Reapply and make sure you properly respond to any RFE.

2. The first case is over with the denial. No need to withdraw it.

3. The case is over. The mistake is yours so an appeal or motion to reopen will be denied.

4. Depends on whether you think you can do it right on your own or not.

Thanks a lot!!! I truly truly appreciate your help! :)

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Yes, there should have been something saying why the case was denied. Without fixing that then your questions have no merit. I hope you don't have to re-submit because that would mean all new fees.

I'm sorry! I thought the reason of the denial was implied. They denied it because we failed to answer to the RFE that was my statement of intent of marriage :cry: awful and dumb mistake but it did happen! :(

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You better pay the I29F Fee before December 23rd!!! Price goes up to $535.00 from $340...Good luck!

Seriously? :wacko: Thanks for the tip! we're trying to get stuff done as soon as possible! So far its enough time we've been apart from each other!!!

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~One non-constructive post removed and several posts quoting removed post also removed~

~Post constructively, or do not post~

Pitaya

VJ Moderation


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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:idea: Read more, post less.... Google can be your friend ! :idea:

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1. You can only appeal if USCIS made a mistake. Failing to respond to a RFE is your mistake. There is no basis to appeal a denial based on failing to properly respond to a RFE.

1. Reapply and make sure you properly respond to any RFE.

2. The first case is over with the denial. No need to withdraw it.

3. The case is over. The mistake is yours so an appeal or motion to reopen will be denied.

4. Depends on whether you think you can do it right on your own or not.

^^ This.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Thank you for everone's replies! It's been helpful! I also want to add something with clearification purpose! A couple of responses stated that if it was my mistake you cannot appeal, but acctually you may as it's stated in the denial letter! I hope this helps whoever is in doubt as well in the future! And hopefully dont make this type of mistakes! I wish I had found this forum before filing! Thank you all once again!

post-250845-0-40647300-1481181126_thumb.png

Edited by Ross2015

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Thank you for everone's replies! It's been helpful! I also want to add something with clearification purpose! A couple of responses stated that if it was my mistake you cannot appeal, but acctually you may as it's stated in the denial letter! I hope this helps whoever is in doubt as well in the future! And hopefully dont make this type of mistakes! I wish I had found this forum before filing! Thank you all once again!

That's generic boilerplate. Just because you can pay to appeal, it doesn't mean you have a valid basis to win.

You certainly can appeal, and your appeal would be denied because you made the mistake and USCIS did nothing wrong.

When people say you can't appeal, they don't mean it literally. They mean your mistake and USCIS doing nothing wrong provides you with no basis to win an appeal. You can't win an appeal when you make the mistake. You can only win an appeal when USCIS makes a mistake.

Edited by aaron2020

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I know many die hard "do it yourself" people here will flame me for this, but really in your case i highly recommend hiring RapidVisa.com its a one-time flat rate fee $375 (plus $100 for premium service, they check all your documents for mistakes and missing requirements) they will fill out your forms using information you provide to them online, you just download print and follow the included instructions, and they will guide you through the entire process start to finish till you get visa in hand. We used them for our K1 and even with all our prior months and months of research we do not regret using them, in fact they saved us from an RFE when I accidentally mailed our package to them and forgot to include page 6 of the I-129F which after accusing them of losing it I later found inside my scanner lol

Between using RapidVisa, using your resources here, and joining the Facebook K1/CR1 groups, its nearly impossible you will get denied again!

Thank you for the information! We're going to consider it!

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