I-129f Petition denied

[Ross2015 2]

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!!!!

[lost_at_sea 995]

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

Edited December 7, 2016 by lost_at_sea

[Rc123rc 528]

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.

[aaron2020 11,651]

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.

[Ross2015 2]

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)

[lost_at_sea 995]

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

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.

[Ross2015 2]

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!

[Ross2015 2]

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 awful and dumb mistake but it did happen!

[ziggyzaazaa 14]

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

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

[Ross2015 2]

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

Seriously? 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!!!

[Pitaya 2,576]

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

~Post constructively, or do not post~

Pitaya

VJ Moderation

[Ebunoluwa 6,136]

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.

[Ross2015 2]

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!

Edited December 8, 2016 by Ross2015

[aaron2020 11,651]

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 December 8, 2016 by aaron2020

[Ross2015 2]

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!