DENIAL AFTER 7+ MONTHS?! WHAT THE HELL.

[Valmabe 253]

6 minutes 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.

I was also thinkingabout the letter of intent, I believe it is as important as the evidence, somehow I believe more important. Do you agree?

 

[Soonish 90]

3 minutes ago, Dutchster said:

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. 

I REALLLLLLY hope this guy was having a terrible day and has zero ideas what he is talking about.

 

I know I'm not getting an approval but all I want is an RFE. Pleeeaseeee.

[TNJ17 1,329]

I think because you are missing so much on your package they just flat out denied it. Unfortunately they don’t look at them right when they receive them. They do a pretty fast glance and cash your check. Unless you used the wrong form or wrote the wrong amount on the check you don’t get a denial right away. It’s only after they’ve actually looked into what you sent that they find mistakes. And that’s been taking a really long time now. Your package probably just sat there all this time without being looked at like everyone else. Because they don’t have enough people and way too many applications. Unfortunately it is your fault for not sending the right stuff but hey water over the bridge now so not much you can do. However if you do intendo on filing for a spousal visa after getting married make sure the K1 petition is withdrawn or actually denied before filing the new stuff. AND come back here with your package and tell people what you have and ask if you’re missing anything so that it doesn’t happen again. People in this forum are better than having a lawyer or calling USCIS. 

[Roel 7,191]

You're mad at USCIS but you were missing crucial paperwork with your packet. That's on you. They are not required to send out RFE  - it was already base for denile especially no proofs of meeting in person. Everyone can write a letter.. I can write that I met Elvis Presley but pretty sure no one should believe  me unless I attach pics and hotel reservations with both our names on it.

 

If you want to get married and file for spouse visa, that's absolutely fine. But the waiting time is about 12 months - just saying since you seemed bothered that your k1 took 7 months.

Edited July 31, 2018 by Roel

[SilverMonk 194]

Alright, so after reading this post im a little worried about something that I had calmed myself about. The thing is that we hired a lawyer to file out petition and she forgot to include my fiancees proof of citizenship in the packet. Then two weeks later, after we had our case number, she sent in a supplemental packet with the proof of citizenship and told us not to worry because if they need more documents they'll ask before denying. So should we expect an RFE or is there a chance of receiving an intent to deny?

Thanks in advance for any help.

[Soonish 90]

2 minutes ago, Roel said:

You're mad at USCIS but you were missing crucial paperwork with your packet. That's on you. They are not required to send out RFE  - it was already base for denile especially no proofs of meeting in person. Everyone can write a letter.. I can write that I met Elvis Presley but pretty sure no one should believe  me unless I attach pics and hotel reservations with both our names on it.

 

If you want to get married and file for spouse visa, that's absolutely fine. But the waiting time is about 12 months - just saying since you seemed bothered that your k1 took 7 months.

Yes. I think that has been established. 😉

 

However, an RFE would be a sensible approach seeing as leaving the UK to live in the US with my fiance is hardly comparable with meeting a dead guy.

If a statement is not appropriate then it should not be an option, it is redundant. 

Of course I'm bothered about waiting 7 months (I'm sure most people are bothered), it's not like that is the only time we have been apart. We have already been apart as long as it takes to file a spouse visa just without the added benefit of being able to earn money as soon as I get there. 

 

 

[Roel 7,191]

Statement is just part of the evidence. Of course you also need stuff to back the statement up. 

 

Good luck with your next petition! 

[Soonish 90]

2 minutes ago, Roel said:

Statement is just part of the evidence. Of course you also need stuff to back the statement up. 

 

Good luck with your next petition! 

The USCIS memorandum on NOIDs and RFEs actually states this:

 

"If not all of the required initial evidence has been submitted or the officer determines that the totality of the evidence submitted does not meet the applicable standard of proof, the officer should issue an RFE unless he or she determines there is no possibility that additional evidence available to the individual might cure the deficiency."

 

So they have determined there is no possibility that I can provide the evidence without even sending an RFE. Interesting,

 

Anyway, thanks for your kind words of support.

[debbiedoo 2,339]

41 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?

I think that's definitely the issue.

 

Paul and I see each other once a month (at a minimum), and have for 2 and a half years. We sent the intent to marry (one from each of us), letters of how we met (from each of us, so in our own words), photos, passport stamps (US/CA dont stamp often), I printed out the thing from the CBP site documenting all his entrances (far more documentation than the passport stamps lol at time of filing he had 26 or 27 entrances), photos, boarding passes from flights (mostly mine since he drives), and lord only knows what else. far more than they ask for. But I wasn't taking any chances. 

 

front loading, while not always a necessary thing, is also never a BAD thing.

 

you should have gotten an RFE and not a flat out denial, though... imo. haven't read page 3 of responses but if you left out the intent letters and proof of being together in the past 2 years ... yeah, i could maybe see the denial happening and not just an RFE. 

 

that SUCKS.

[Ash.1101 1,755]

1 hour ago, debbiedoo said:

I think that's definitely the issue.

 

Paul and I see each other once a month (at a minimum), and have for 2 and a half years. We sent the intent to marry (one from each of us), letters of how we met (from each of us, so in our own words), photos, passport stamps (US/CA dont stamp often), I printed out the thing from the CBP site documenting all his entrances (far more documentation than the passport stamps lol at time of filing he had 26 or 27 entrances), photos, boarding passes from flights (mostly mine since he drives), and lord only knows what else. far more than they ask for. But I wasn't taking any chances. 

 

front loading, while not always a necessary thing, is also never a BAD thing.

 

you should have gotten an RFE and not a flat out denial, though... imo. haven't read page 3 of responses but if you left out the intent letters and proof of being together in the past 2 years ... yeah, i could maybe see the denial happening and not just an RFE. 

 

that SUCKS.

Agree'd.

My husband (Fiance at the time) had copies of his passport showing all of the times he entered the country to visit, pictures of us together, hotel bills, plane tickets, and credit card statements showing purchases here in the city I was at.


I do believe tho, that the letter of intent and the proof of being together in the past two years is so integral to the package that USCIS may have just felt it was enough to flat deny it. It says they SHOULD send an RFE, but it doesn't say that they HAVE to send one.

[Daisy.Chain 317]

1 hour ago, ALGS said:

Yes. I think that has been established. 😉

 

However, an RFE would be a sensible approach seeing as leaving the UK to live in the US with my fiance is hardly comparable with meeting a dead guy.

If a statement is not appropriate then it should not be an option, it is redundant. 

Of course I'm bothered about waiting 7 months (I'm sure most people are bothered), it's not like that is the only time we have been apart. We have already been apart as long as it takes to file a spouse visa just without the added benefit of being able to earn money as soon as I get there. 

 

 

The Visa process is frustrating and time consuming. Ultimately, legal immigration is a privilege,, not a right. There is no guarantee of approval - it is subject to the immigration officer adjucating the case. It's unfortunate that you guys didn't submit compelling proof and that the person who processed it didn't send an RFE that you got, but at least you havemore options. You could submit another K1 with more proof, or you may prefer to marry and do a spousal visa instead since your husband will be able to work the day he enters the US.

[Soonish 90]

9 minutes ago, Ash.1101 said:

Agree'd.

My husband (Fiance at the time) had copies of his passport showing all of the times he entered the country to visit, pictures of us together, hotel bills, plane tickets, and credit card statements showing purchases here in the city I was at.


I do believe tho, that the letter of intent and the proof of being together in the past two years is so integral to the package that USCIS may have just felt it was enough to flat deny it. It says they SHOULD send an RFE, but it doesn't say that they HAVE to send one.

I really thought all that evidence was what they wanted at the embassy element of the process.  

[Soonish 90]

1 minute ago, Daisy.Chain said:

The Visa process is frustrating and time consuming. Ultimately, legal immigration is a privilege,, not a right. There is no guarantee of approval - it is subject to the immigration officer adjucating the case. It's unfortunate that you guys didn't submit compelling proof and that the person who processed it didn't send an RFE that you got, but at least you havemore options. You could submit another K1 with more proof, or you may prefer to marry and do a spousal visa instead since your husband will be able to work the day he enters the US.

I am the beneficiary, my finance is the USC waiting for me. I'm not sure what we will do now, we need to look into it more. 

[turkishdelight 185]

As someone who has gone through the K-1 process, I can say for sure that you really can't provide too much evidence. We provided 50+ pages of photos *along with the story of our relationship accompanying the photos.* The last part is important because I've seen people get RFEs for not explaining how they met, etc.

[Alabamak1 688]

as stated before....no sense on crying now...take the CR-1 route after you have a definite NO on the K-1. Sign up for informed delivery and get acquainted with your mailman. There is never enough evidence for immigration, the more the better chances to get approval and be prepared. READ READ READ and if not comfortable enough, hire a lawyer. VJ is a good source of all what will/could and has happened during the whole immigration process.