Appeal an I-129F denial using I-290B

[gnayook 0]

Hello,

My fiancé pass the questioning part of the interview. The consulate requested some o her old school documents. Her school document have the wrong birth date on it as a result the consulate wasn't able to give her a visa. Right now, she is getting the documents corrected by the department of education in her country. Can we use I-290B to appeal an I-129F denial decision? Any help would be great

 

thanks

K

[NigeriaorBust 4,087]

  K1's never get reviewed  ,  they are expired by the time they are returned and are dead.    Is it denied or did they ask for more evidence ? 

[gnayook 0]

1 minute ago, NigeriaorBust said:

  K1's never get reviewed  ,  they are expired by the time they are returned and are dead.    Is it denied or did they ask for more evidence ? 

Originally they ask for her elementary school record. She brought the records in but had the wrong birth date and was denied after that. 

[Hypnos 6,576]

Obviously, all vital information must match on all of the documents you submit.

 

She was correctly denied, and so any appeal, even if it were possible (and it isn't, because the I-129F was approved and only the visa application was denied) it would be unsuccessful.

[Crazy Cat 39,591]

Do not use this form if you:

• Are the beneficiary of a petition. Only an applicant or petitioner may file an appeal or motion.
• Want to file an appeal with the Board of Immigration Appeals (BIA). Appeals of Form I-130, Petition for Alien Relative, are under the appellate jurisdiction of the BIA (except for reviews of USCIS “no risk” determinations under the Adam Walsh Act). The BIA also has jurisdiction over appeals of immigrant petitions filed by widow(er)s on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You may file an appeal with the BIA using Form EOIR-29. Notice of Appeal to the Board of Immigration Appeals.  
• Want to appeal a Department of State consular officer’s denial of your U.S. visa application (for example, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260). For information about U.S. visa application denials, please visit the Department of State website.

[AnaidAaron 42]

I am very sorry she was denied, but I am very curious as of why they requested a school record from her. This is the first time I've heard this. Should I be prepared bringing my school records as well?

[Ben&Zian 4,397]

3 minutes ago, AnaidAaron said:

I am very sorry she was denied, but I am very curious as of why they requested a school record from her. This is the first time I've heard this. Should I be prepared bringing my school records as well?

 

Some old posts here on VJ have kind of sounded the same honestly. The CO asks for some random record/paperwork then denies the case. Almost seems as if they had actually already made the decision, just wanted ask for something more and maybe get to use that, like in this case with the errors on it, as the excuse when in reality it was something else. It has happened/been seen before. Now whether that is the actual case of not is hard to tell, obviously can't tell what the CO was thinking; but the events and outcomes are very similar. I wouldn't stress it myself.

[Ebunoluwa 6,136]

If the petition has left the embassy and was returned to USCIS for expiration then there is nothing you can do.
The mistake was yours, should have checked the dates on all documents and supporting evidence.

If they still have the petition at the embassy you can try to have your (petitioner's) senator contact the chief officer at your embassy
with the corrected school papers and see if they accept it. I really doubt it, once they say no they mean it.

Do not use the I-290 because this is not a case to formally appeal anything. You were correctly denied. 
If you do the answer will be the same: denied.
Requesting through a senator a second look with a corrected school form is different, though very slim chance also. 

[Derik-Lina 230]

16 hours ago, NigeriaorBust said:

  K1's never get reviewed  ,  they are expired by the time they are returned and are dead.    Is it denied or did they ask for more evidence ? 

I highly recommend getting married and doing the CR-1. It ll take 12 to 14 months and with DOB  correction, you should be just fine and let s hope

for a an I-130 visa in hand in less than one year. Good luck.

[Derik-Lina 230]

16 hours ago, gnayook said:

Hello,

My fiancé pass the questioning part of the interview. The consulate requested some o her old school documents. Her school document have the wrong birth date on it as a result the consulate wasn't able to give her a visa. Right now, she is getting the documents corrected by the department of education in her country. Can we use I-290B to appeal an I-129F denial decision? Any help would be great

 

thanks

K

 

16 hours ago, gnayook said:

Hello,

My fiancé pass the questioning part of the interview. The consulate requested some o her old school documents. Her school document have the wrong birth date on it as a result the consulate wasn't able to give her a visa. Right now, she is getting the documents corrected by the department of education in her country. Can we use I-290B to appeal an I-129F denial decision? Any help would be great

 

thanks

K

I highly recommend getting married and doing the CR-1.

It ll take 12 to 14 months and with her DOB  correction, you should be just fine.

[gnayook 0]

Unfortunately my fiancé is from an Asian country that makes you jump through a lot of hoops just to get a marriage certificate. Takes about 1 year or more just to get marriage cert. I guess I have no other choice. Thanks all for the help

[Cyberfx1024 7,978]

3 hours ago, gnayook said:

Unfortunately my fiancé is from an Asian country that makes you jump through a lot of hoops just to get a marriage certificate. Takes about 1 year or more just to get marriage cert. I guess I have no other choice. Thanks all for the help

What country is this?

[gnayook 0]

Laos

 

[Lemonslice 4,583]

3 hours ago, gnayook said:

Unfortunately my fiancé is from an Asian country that makes you jump through a lot of hoops just to get a marriage certificate. Takes about 1 year or more just to get marriage cert. I guess I have no other choice. Thanks all for the help

You can also marry in a third country. If I remember correctly, relatively fast and easy in Dubai and Hong Kong.