DENIAL AFTER 7+ MONTHS?! WHAT THE HELL.

[Soonish 90]

4 minutes ago, gregcrs2 said:

What was sent as proof of having met in the past 2 years?

We submitted a written statement stating that we had been residing together in the UK for X amount of months. We did not include photographs etc because it states that you can submit a written statement. From what I had read before we filed it seemed that "front loading" your application was only really necessary from high fraud countries or couples with large age gaps etc. 

 

Maybe we should have added photos too? Who knows anymore. 

 

They could have RFE'd for this stuff. I know we missed stuff but damn. 

[Soonish 90]

3 minutes ago, TNJ17 said:

They are probably missing something crucial in your package. Like others have said maybe they sent out the RFE and it never got to you or maybe they didn’t and just wanted to be #######. Maybe they’re starting the new rule out on you with the no RFEs anymore. Who knows. However am I safe to assume that this is during the i129f stage? If so you can appeal. You can’t appeal the embassy stage of a K1 but you CAN appeal the i129f. You don’t need a lawyer. Don’t waste your money. Try to find out what happened first before doing anything. Keep calling to speak to a tier 2. Customer reps don’t know sh|t so you must always insist to be transferred to tier 2. Make Infopass appointment and find out. Wait for letter of denial in the mail. It will explain what the issue was. After you find out what it is you file for the appeal. If it’s because they were missing something and didn’t send you the RFE you can appeal for it and then continue where you left off. Call congressman and start the process with them as well as they can sometimes speed things up a little. 

Thank you. We will definitely be appealing if it was for missing info.

[britishandusa 446]

This happened to someone else on Visajourney last year. I would ask her @Melodica256

[TNJ17 1,329]

5 minutes ago, ALGS said:

We submitted a written statement stating that we had been residing together in the UK for X amount of months. We did not include photographs etc because it states that you can submit a written statement. From what I had read before we filed it seemed that "front loading" your application was only really necessary from high fraud countries or couples with large age gaps etc. 

 

Maybe we should have added photos too? Who knows anymore. 

 

They could have RFE'd for this stuff. I know we missed stuff but damn. 

Was that the only proof of meeting in person in the last two years? If so that’s why. That’s only secondary evidence and you actually need passport stamps and receipts and plane tickets showing that you have been in the same country together. Photos too. Always send photos. Not a lot. Maybe 3-5. We only sent 2 photos. 

[Soonish 90]

3 minutes ago, TNJ17 said:

Was that the only proof of meeting in person in the last two years? If so that’s why. That’s only secondary evidence and you actually need passport stamps and receipts and plane tickets showing that you have been in the same country together. Photos too. Always send photos. Not a lot. Maybe 3-5. We only sent 2 photos. 

Yes, unfortunately it was because this is the exact wording...

 

"In-Person Meeting. Submit evidence that you and your fiancé(e) met in person during the 2-year period immediately before you filed this petition. Evidence of this meeting may include, but is not limited to, a written statement from you and/or your fiancé(e) stating the circumstances of your meeting, a copy of airline tickets, passport pages, or other evidence. If you believe you qualify for an exception to the in-person meeting requirement, submit evidence in support of the exception."

 

I read that as it can be any one of these things, not A plus B plus C. 

 

The statement read something along the lines of " Met in UK, yadda yadda, lived, together for X months, yadda yadda, currently visiting the US for 85 days, yadda yadda. 

 

I give up.

 

 

8 minutes ago, britishandusa said:

This happened to someone else on Visajourney last year. I would ask her @Melodica256

Thanks, I messaged her, hopefully she sees it.

[gregcrs2 1,777]

8 minutes ago, ALGS said:

We submitted a written statement stating that we had been residing together in the UK for X amount of months. We did not include photographs etc because it states that you can submit a written statement. From what I had read before we filed it seemed that "front loading" your application was only really necessary from high fraud countries or couples with large age gaps etc. 

 

Maybe we should have added photos too? Who knows anymore. 

 

They could have RFE'd for this stuff. I know we missed stuff but damn. 

I think you may have found a possible reason for your denial.  

 

Referring to I-129F form instructions:

 Item Numbers 53. - 54.  Have you and your fiancé(e) met in person during the two years immediately before filing this petition?  Indicate whether you and your fiancé(e) have seen each other in person during the two year period immediately before to filing your petition.  Select “N/A” if the beneficiary is your spouse. If you respond “Yes” to Item Number 53., use Item Number 54. to describe the circumstances of your in-person meeting.  Attach evidence to demonstrate that you were in each other’s physical presence during the required two year period.  If you need extra space to complete this section, use the space provided in Part 8. Additional Information. 

 

What Evidence Must You Submit?
You must submit all evidence requested in these Instructions with your petition.  If you fail to submit required evidence, USCIS may reject or deny your petition for failure to submit requested evidence or supporting documents in accordance with 8 CFR part 103.2(b)(1) and these Instructions. 

 

Evidence for Petitions to Classify a Fiancé(e) as a K-1 Nonimmigrant In addition to the evidence described above, you must submit evidence of: A. Intention to Marry Within 90 Days of Entry.  Submit evidence that you and your fiancé(e) intend to marry within 90 days of your fiancé(e)’s entry as a K-1 nonimmigrant.  Evidence of your intention to marry may include statements of intent to marry signed by both you and your fiancé(e) or any other evidence that establishes, by a preponderance of the evidence, your mutual intention; and B. In-Person Meeting.  Submit evidence that you and your fiancé(e) met in person during the 2-year period immediately before you filed this petition.  Evidence of this meeting may include, but is not limited to, a written statement from you and/or your fiancé(e) stating the circumstances of your meeting, a copy of airline tickets, passport pages, or other evidence.  If you believe you qualify for an exception to the in-person meeting requirement, submit evidence in support of the exception.  

 

[TNJ17 1,329]

10 minutes ago, ALGS said:

Yes, unfortunately it was because this is the exact wording...

 

"In-Person Meeting. Submit evidence that you and your fiancé(e) met in person during the 2-year period immediately before you filed this petition. Evidence of this meeting may include, but is not limited to, a written statement from you and/or your fiancé(e) stating the circumstances of your meeting, a copy of airline tickets, passport pages, or other evidence. If you believe you qualify for an exception to the in-person meeting requirement, submit evidence in support of the exception."

 

I read that as it can be any one of these things, not A plus B plus C. 

 

The statement read something along the lines of " Met in UK, yadda yadda, lived, together for X months, yadda yadda, currently visiting the US for 85 days, yadda yadda. 

 

I give up.

 

 

Thanks, I messaged her, hopefully she sees it.

Oh that’s it then. They don’t bend the rules on the evidence of meeting in person. You need passport stamps and plane tickets at least. However this should have been an RFE. My bet is they’re trying the no RFE rule on you already. If I were you I’d start gathering evidence of meeting in person if by some luck you get to appeal this. And come back here to show us what you have so people can tell you if you’re good to go or not. Mistakes like that can cost you a lot of time. Statements don’t really weigh anything on USCIS to be honest. They need actual proof. 

[Soonish 90]

9 minutes ago, gregcrs2 said:

I think you may have found a possible reason for your denial.  

 

Referring to I-129F form instructions:

 Item Numbers 53. - 54.  Have you and your fiancé(e) met in person during the two years immediately before filing this petition?  Indicate whether you and your fiancé(e) have seen each other in person during the two year period immediately before to filing your petition.  Select “N/A” if the beneficiary is your spouse. If you respond “Yes” to Item Number 53., use Item Number 54. to describe the circumstances of your in-person meeting.  Attach evidence to demonstrate that you were in each other’s physical presence during the required two year period.  If you need extra space to complete this section, use the space provided in Part 8. Additional Information. 

 

What Evidence Must You Submit?
You must submit all evidence requested in these Instructions with your petition.  If you fail to submit required evidence, USCIS may reject or deny your petition for failure to submit requested evidence or supporting documents in accordance with 8 CFR part 103.2(b)(1) and these Instructions. 

 

Evidence for Petitions to Classify a Fiancé(e) as a K-1 Nonimmigrant In addition to the evidence described above, you must submit evidence of: A. Intention to Marry Within 90 Days of Entry.  Submit evidence that you and your fiancé(e) intend to marry within 90 days of your fiancé(e)’s entry as a K-1 nonimmigrant.  Evidence of your intention to marry may include statements of intent to marry signed by both you and your fiancé(e) or any other evidence that establishes, by a preponderance of the evidence, your mutual intention; and B. In-Person Meeting.  Submit evidence that you and your fiancé(e) met in person during the 2-year period immediately before you filed this petition.  Evidence of this meeting may include, but is not limited to, a written statement from you and/or your fiancé(e) stating the circumstances of your meeting, a copy of airline tickets, passport pages, or other evidence.  If you believe you qualify for an exception to the in-person meeting requirement, submit evidence in support of the exception.  

 

Yes, we did that. We submitted a written statement. It lists that as a form of evidence.

 

Edit: Do you think they wanted ALL of that evidence? I was under the impression that adding all of that was front loading and I would just bring the rest to the embassy interview?

Edited July 31, 2018 by ALGS

[Marieke H 2,343]

There is some important evidence missing in your application: proof of intent to marry, and evidence of meeting in person within 2 years before filing. Your written statement does not have much value without supporting evidence like a lease with both of your names, passport stamps, etc.

 

Yes, they could have just sent an RFE for this, and maybe they would have if there was only one of these 2 things missing.

 

But wait until you receive the actual notice; it might still just be an RFE.

[yuna628 9,547]

1 minute ago, ALGS said:

Yes, we did that. We submitted a written statement. It lists that as a form of evidence.

A written statement will not suffice, because you do not provide proof to back up the statement you know? This is likely the reason for any potential denial (remember we don't truly know if that is the case... but if it is this will be the big one). Take a look at the guides on VJ, and you'll see a good overview of what evidence to send.

 

If you must refile I'd recommend following the instructions here carefully and I'm confident that the next application would be a success.

[Valmabe 253]

Hi hope you can sort it out. Reading your first post,  about not sending the letter of intent, I mention it because I believe the letter of intent is one of the important documents to submit. Maybe someone with more experience than me can tell better. Good luck.

[Soonish 90]

1 minute ago, MariekeH said:

There is some important evidence missing in your application: proof of intent to marry, and evidence of meeting in person within 2 years before filing. Your written statement does not have much value without supporting evidence like a lease with both of your names, passport stamps, etc.

 

Yes, they could have just sent an RFE for this, and maybe they would have if there was only one of these 2 things missing.

 

But wait until you receive the actual notice; it might still just be an RFE.

Well, I guess there is not much we can do now. 

 

As for the letter of intent we called shortly after to see if we could send it on and they said no. So why did they not just deny it/ not accept it instead of accepting it and then make us wait 7 months? If it was so incorrect or incomplete that they can't/ won't approve it then it should have been either denied on receipt or we should have been allowed to add the missing evidence.

 

Anyway, I am painfully aware that this is initially my fault, even if they definitely COULD (and hopefully still have) sent an RFE.

 

Lets hope that the guy on the phone had his wires crossed.

 

8 minutes ago, TNJ17 said:

Oh that’s it then. They don’t bend the rules on the evidence of meeting in person. You need passport stamps and plane tickets at least. However this should have been an RFE. My bet is they’re trying the no RFE rule on you already. If I were you I’d start gathering evidence of meeting in person if by some luck you get to appeal this. And come back here to show us what you have so people can tell you if you’re good to go or not. Mistakes like that can cost you a lot of time. Statements don’t really weigh anything on USCIS to be honest. They need actual proof. 

I will check back in for sure, hopefully it can atleast help someone else. I'd be pretty annoyed if they're spinning that new rule i'm sure it's not due for implementation for petitions filed before September 2018.

[Soonish 90]

4 minutes ago, yuna628 said:

A written statement will not suffice, because you do not provide proof to back up the statement you know? This is likely the reason for any potential denial (remember we don't truly know if that is the case... but if it is this will be the big one). Take a look at the guides on VJ, and you'll see a good overview of what evidence to send.

 

If you must refile I'd recommend following the instructions here carefully and I'm confident that the next application would be a success.

Thanks. I will take a look.

 

If we can't appeal we will not refile K1 we will marry and file spousal, I'm not waiting another 7 months to then wait another 4-6 months to be able to work.

[gregcrs2 1,777]

5 minutes ago, ALGS said:

Yes, we did that. We submitted a written statement. It lists that as a form of evidence.

 

Edit: Do you think they wanted ALL of that evidence? I was under the impression that adding all of that was front loading and I would just bring the rest to the embassy interview?

Yes, they want sufficient evidence to show you have met in the last 2 years.   A written statement on it's own is worthless as it shows no evidence.

[Dutchster 1,106]

Also, the USCIS CS line is often called the misinformation line. Usually they have barely any clue what they are talking about since they don't have a lot of insight.