DENIAL AFTER 7+ MONTHS?! WHAT THE HELL.

[JFH 12,189]

I’m trying to find a link to the new USCIS policy that they no longer send RFEs for things that make the petition ineligible - such as missing intent to marry letters for the I-129F - and instead they now just deny. REFEs will now be purely for additional clarification or further evidence but not to correct filing errors. 

[JFH 12,189]

Here it is. 

 

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

 

official from September but discretionary already.

[Soonish 90]

2 minutes ago, JFH said:

I’m trying to find a link to the new USCIS policy that they no longer send RFEs for things that make the petition ineligible - such as missing intent to marry letters for the I-129F - and instead they now just deny. REFEs will now be purely for additional clarification or further evidence but not to correct filing errors. 

Yes, it does exist somewhere, I have seen it too. Although I was under the impression that it was only applicable to submissions after September 2018.

5 minutes ago, Alabamak1 said:

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. 

Thanks. Yea I think we will have to go CR-1 as now I see that there is some huge fee for an appeal that may take a longer time than K1 anyway.

 

 

[Ijndchyke 66]

4 hours ago, ALGS said:

Someone please tell me this is a joke.

 

My fiance just called and finally got through to a tier 2, after having kept us waiting with no info AT ALL for 7+ months they just told him they are going to deny us?

 

WHAT THE (removed) HELL!!! (Sorry, I have rage right now)

 

I am British, we met in the UK in 2016 and we lived together for about 8 months in the UK while he was stationed there (he is ex-mil). Since he returned to the US I have visited the states 3 times, once for 85 days.

 

Neither of us has a criminal record at all, no previous marriages, no kids, no debts, no nothing.

 

All I can think is that it is because we forgot to put photos and letter of intent into the package in our excitement and when we called to try and send them on afterwards they said we couldn't. So we were expecting an RFE.... NOT A DENIAL!!?!

 

This is pure hell and what are they even doing it for?  Two weeks ago some tier 1 officer said "oh they may have sent something on the 7th July", then the next one we spoke to last week said "no, they've not sent anything" and then today a tier 2 says "they're going to deny it". I feel like it's some sick joke to them.

 

Please help me.

I know you’re really but frustrated right now and confused and I can’t claim to understand but keep calm. You can appeal the denial. IF they do send a denial. 

[geowrian 22,336]

Wait for the letter to see what the list as the reason for a denial. Maybe USCIS made a mistake. Maybe you missed something else. Maybe it was just the missing items already noted. It's all speculation.

It is possible to appeal a denied I-129F. This differs from a refused K-1 visa with the I-129F being sent back...that expires, which cannot be appealed.

 

3 hours 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. 

Providing multiple forms of evidence of meeting with 2 years is not front-loading. Front-loading refers to sending in items that are not relevant to the I-129F requirements, such as evidence of a bona fide and ongoing relationship.

Just a signed letter is insufficient evidence for the 2 year meeting requirement. It can be included, but they also want something verifiable, as others noted. They won't take somebody just on their word for this.

 

It is highly unusual for them to outright deny an I-129F, but if there were multiple requirements with very little evidence provided, it is possible.

 

3 hours ago, ALGS said:

"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."

Quote

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

No single piece of evidence is likely to suffice. It is the petitioner's responsibility to provide a strong case.

Edited August 1, 2018 by geowrian

[TNJ17 1,329]

2 hours ago, ALGS said:

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.

I really think they’re trying out the new rule on you. Because with this little evidence new cases starting September would just get a flat denial. 

[TNJ17 1,329]

Yeah I still think that appealing this would be faster than starting all over again. But there’s nothing you can do until you know what the real reason for denial is. 

[Mr.Jose 64]

Why didn’t you include any photos especially for a K1? No offense but like the USCIS, I smell something fishy as well.

[Soonish 90]

1 minute ago, Mr.Bob said:

Why didn’t you include any photos especially for a K1? No offense but like the USCIS, I smell something fishy as well.

Well, then I shall assume you are standing in a fish market 😂😂. Nothing fishy, we just thought the photos were for the US Consulate portion of the process. We made an error. 

 

Thanks though 👍

[David & Diana R 1,005]

3 hours ago, ALGS said:

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.

That's correct.  You will not be waiting another 7 months...more like 12-16 months.  I would also recommend the CR-1.  It has many advantages.  But your initial post says you left out the letters of intent to marry plus any real proof of meeting in the last 2 years.  Take a deep breath.  Just start over again.  Get married and file the CR-1.  BTW:  Mail does get lost.  It's possible that the RFE got lost in the mail.  It happens.  God Bless, david

[Ontarkie 13,978]

~~One post removed for ignoring moderation's warning about bypassing the language filter.~~

[Scandi 3,979]

(I haven't read the whole thread)

 

You say you didn't include any letters of intent to marry, and not a single proof of having met in person within the last two years (a written statement isn't proof of anything, anyone can make up a story).

 

So what DID you send? Just the form, a meaningless statement and a couple of passport style photos? If that's the case, then no, they shouldn't and won't issue an RFE. There's way too much missing, I'm surprised it was accepted in the first place (but I have seen it happen at least once before, easy money for USCIS I guess).

 

Sounds like you have a NOID coming your way. You only have 30 days to respond to it with ALL REQUIRED documents. Use the time wisely.

Edited August 1, 2018 by Scandi

[Soonish 90]

14 minutes ago, Scandi said:

(I haven't read the whole thread)

 

You say you didn't include any letters of intent to marry, and not a single proof of having met in person within the last two years (a written statement isn't proof of anything, anyone can make up a story).

 

So what DID you send? Just the form, a meaningless statement and a couple of passport style photos? If that's the case, then no, they shouldn't and won't issue an RFE. There's way too much missing, I'm surprised it was accepted in the first place (but I have seen it happen at least once before, easy money for USCIS I guess).

 

Sounds like you have a NOID coming your way. You only have 30 days to respond to it with ALL REQUIRED documents. Use the time wisely.

We have everything ready to go because we thought we would just need it at the consulate stage. We could overnight it and have it there tomorrow.... except USCIS "sent a letter" on the 7th July apparently and still no sign, just a "yea looks like they're going to deny it" over the phone today. So is the 30 days to respond to a NOID an opportunity for us to submit these items? and also are they going to say "you had 30 days from when we sent the letter" because if that is the case they said the letter could take 30 days to reach us so at best we are getting 6 if it lands in the mailbox tomorrow. 

 

And yes you're right, if that was the case they absolutely should not have accepted it. It is not supposed to be "easy money" that is not OK.

 

Finally, I reiterate, if the statement of meeting is insufficient then why is it required at all, it is, by everyone's accounts so far, redundant. 

Edited August 1, 2018 by ALGS

[Highmystic 234]

5 hours ago, ALGS said:

Oh, I was under the impression there was an appeals process and we could reopen the current case. Especially if it is their mistake!? 

 

This is actual hell.

Yes, I agree, hell!  I don't have an answer, but a question, and this is posed to those here who have far greater knowledge than I do on this, but , since the K1 is "denied", what would be the chances of you getting married, "there or here", and file for a spousal CR1?  And I agree if you have to refile one way or the other, do it yourself without a lawyer and take your time, making sure every T is crossed and every i doted,  post your compiled list here and let those who have been there done that scrutinize and see if you left out anything. 

[Scandi 3,979]

7 minutes ago, ALGS said:

We have everything ready to go because we thought we would just need it at the consulate stage. We could overnight it and have it there tomorrow.... except USCIS "sent a letter" on the 7th July apparently and still no sign, just a "yea looks like they're going to deny it" over the phone today. So is the 30 days to respond to a NOID an opportunity for us to submit these items? and also are they going to say "you had 30 days from when we sent the letter" because if that is the case they said the letter could take 30 days to reach us so at best we are getting 6 if it lands in the mailbox tomorrow. 

If it was me, I would send my response asap. NOID letter or not. You have nothing to lose at this point.

 

Make sure you write down every single info/name/number etc related to your case and put it first in the package you send, so they can actually pair it with your file. Don't forget ANYTHING. You might be lucky.

 

I haven't been in your situation but I have sent a random letter to the service center that handled my AOS application and they managed to add that letter to my file and the issue I had was finally resolved. 

 

So yes, it's definitely worth a try. The only thing you have to lose at this point is the shipping cost of your response.

 

EDIT: also make sure to have an extra copy of whatever you send them, if the NOID actually shows up in your mailbox on Thursday you can send another response, that time including the NOID letter/sheet.

Edited August 1, 2018 by Scandi