DENIAL AFTER 7+ MONTHS?! WHAT THE HELL.

[Soonish 90]

3 minutes ago, NikLR said:

Has your fiance only called the one time?

No, he called 4 times with regards to the status so far (and once early on to see if we could amend the missing info).

 

1st time (Tier 1) - no info wait to be out of processing

2nd time (Tier 1) - "looks like they sent a letter out to you on July 7th" tier 1 could not say what it was in reference to

3rd time (Tier 1) - "no we don't see any sign of anything having been sent, previous [Tier 1] may have been mistaken. No further info"

4th time (Tier 1 + 2) - "looks like they're going to deny it, they sent something out on the 7th July"

 

So... yea, no idea, it's a magical mystery ride at this point. Three working days remain to receive that elusive letter that they may or may not have sent out depending on the day. 30 days to receive postal correspondence. Snail-mail isn't dead apparently.

 

A pre-emptive package with all missing info plus more will be overnighted to them today in the hopes that it gets there before the 30 day period from the mystery letter.

 

[dee&vee 79]

15 hours ago, yuna628 said:

It would seem to me there is some missing information here, especially regarding why no RFE has made it to the USC's doorstep.

Recently USCIS has announced that they will deny cases instead of sending an RFE, for the cases that have obvious required documents missing. Letter of intent is I believe primary requirement and they could have denied it based on it not being sent with the case. 

[Soonish 90]

1 minute ago, dee&vee said:

Recently USCIS has announced that they will deny cases instead of sending an RFE, for the cases that have obvious required documents missing. Letter of intent is I believe primary requirement and they could have denied it based on it not being sent with the case. 

That is true, however, the new mandate for that is supposed to come into force only for applications filed after Sept 2018.

 

At this point, they are only supposed to deny based on the adjudicator believing that the additional required evidence has no real chance of existing. Which I think is an odd decision based on our personal information. 

[dee&vee 79]

3 minutes ago, ALGS said:

That is true, however, the new mandate for that is supposed to come into force only for applications filed after Sept 2018.

 

At this point, they are only supposed to deny based on the adjudicator believing that the additional required evidence has no real chance of existing. Which I think is an odd decision based on our personal information. 

Not sure then. Your best option at this point is to wait for denial letter, if they really deny it. See why they denied it. Refile it with strong evidence this time, including travel receipts and photos. Usually people with denied fiance visa get married and apply for CR-1. You may want to look into that option too. 

[Nitas_man 3,100]

No photos, no letter of intent, no proof of meeting in person.

These are not USCIS mistakes.  That is most of the package.  Basic required documention is not front end loading.

Not surprised that the petition was denied.    Be careful and back every thing up with documentation on the next one.

[Jaquelly 1,647]

Something that I haven't noticed anyone mention on your thread is that there is a GREAT guide here on VJ that you can follow for your application.

 

Like, yep. It sure does suck that you forgot three crucial pieces of your application and are now frustrated that you haven't gotten a piece of mail.

1. What address did they send it to?

2. Did the USC get it? Have you pressed him hard about it? 

3. Did he check the post office to see if they have it?

4. Did he check with USCIS to see what mailing address they have for him? If he's moved, they're not going to know that unless he changes the address with them.

 

Regarding an appeal, I'll echo everyone else - they've been said to be rather redundant and gather dust. 

 

Spousal visa might be the way to go after this is properly denied. Yes, it's taking more time away from you and your future husband, but you'd have the right to work as soon as you got here.

 

No matter what, follow the guides, provide EVERYTHING they say, and if you have questions, ask. I'm sure you won't make this mistake again.

Edited August 1, 2018 by Jaquelly
a word

[Soonish 90]

8 minutes ago, Jaquelly said:

Something that I haven't noticed anyone mention on your thread is that there is a GREAT guide here on VJ that you can follow for your application.

 

Like, yep. It sure does suck that you forgot three crucial pieces of your application and are now frustrated that you haven't gotten a piece of mail.

1. What address did they send it to?

2. Did the USC get it? Have you pressed him hard about it? 

3. Did he check the post office to see if they have it?

4. Did he check with USCIS to see what mailing address they have for him? If he's moved, they're not going to know that unless he changes the address with them.

 

Regarding an appeal, I'll echo everyone else - they've been said to be rather redundant and gather dust. 

 

Spousal visa might be the way to go after this is properly denied. Yes, it's taking more time away from you and your future husband, but you'd have the right to work as soon as you got here.

 

No matter what, follow the guides, provide EVERYTHING they say, and if you have questions, ask. I'm sure you won't make this mistake again.

Thanks, I think you are right and we will probably follow the Spousal visa route if they do deny.

 

He absolutely has not received anything, he checks religiously every day in his mailbox and at the apartment office where his packages go. 

He did not check the post office but he is going today s I will get him to check. 

He checked the address with USCIS everytime he called and even if it had gone to the previous address he had on file it would have gone to his mom's house and she would have called him quick as lightning if she got any mail addressed to him.

[Jaquelly 1,647]

Just now, ALGS said:

Thanks, I think you are right and we will probably follow the Spousal visa route if they do deny.

 

He absolutely has not received anything, he checks religiously every day in his mailbox and at the apartment office where his packages go. 

He did not check the post office but he is going today s I will get him to check. 

He checked the address with USCIS everytime he called and even if it had gone to the previous address he had on file it would have gone to his mom's house and she would have called him quick as lightning if she got any mail addressed to him.

 

Curious about the mail thing. It went out almost a month ago. You might ask him to call back USCIS (I know it sucks, I've done it so many times, I hope I don't have to now that we've started to do our AOS) and ask them to please send another letter, as that one hasn't been received. If they tell him no, as they probably will because the 'misinformation line' is rarely helpful, he needs to press for a tier two supervisor or an immigration officer. A few of us have had luck with one man (I can't remember his name, but like three of us got him back in July 2017 when things were going haywire). Also, regarding infopass, the website will almost always say that there are no appointments, so he needs to refresh that page like every fifteen minutes. 

[Soonish 90]

1 hour ago, Nitas_man said:

No photos, no letter of intent, no proof of meeting in person.

These are not USCIS mistakes.  That is most of the package.  Basic required documention is not front end loading.

Not surprised that the petition was denied.    Be careful and back every thing up with documentation on the next one.

I didn't say they were USCIS mistakes. They are quite obviously my mistake. 

 

I am just unhappy with the process to rectify it.

 

Also, I think your point has been made numerous times. 

 

I understand the desire to say "you deserve it" but, really, you don't have to. 

[Eric-Pris 1,602]

I would not get all worked up over some donk on the phone telling you that you will be denied.  

 

Nothing is real until you get an official notification from USCIS by mail.

 

If you do get a denial, re-do it and this time be more careful to not miss any required docs.

 

[mtempelaar 190]

14 hours ago, ALGS said:

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.

 

 

As someone who did a CR-1 with a Dutch hubby, you need to frontload the evidence.  That will hopefully avoid any delaying RFEs.  We submitted a 2 inch binder with so much evidence that I could barely close the rings.    Being European helps as it's low fraud, but still there's a clear level of minimum evidence required.  We included:

Marriage certificate

Wedding photos/evidence

Insurance (car, home, etc which I added him to even though he wasn't here yet)

Tax returns and other financial intermingling paperwork

Beneficiary on all retirement funds

20 pages of photos w/short descriptions aligned with the plane, hotel and cruise tickets, including photos with family and friends

Affidavits attesting to our marriage being legit from dad, sister and 2 friends.  

Passport photos of all pages with stamps (both of our passports)

A printout of Facebook couples page

 

My table of contents alone was 1 1/2 pages.  I also made this binder in triplicate - one for USCIS, one for me, one for my husband.  Hubby had one to bring to consulate if he needed to for interview.  I had one so I could see what we had submitted.

 

We then expanded that binder for the Removal of Conditions from his greencard 2 years later.  We never received any RFEs for initial CR-1 or the ROC.  Awaiting citizenship interview for him now, but I have a box of evidence ready for any RFE for that one.   

 

Refer to the guides on VisaJourney for help, read the forums and ask questions before submitting.  You don't need a lawyer but if you post a list of everything included before you submit, someone will tell you if you need to do more.

 

 

Edited August 1, 2018 by mtempelaar

[Eric-Pris 1,602]

DO NOT SEND any responses to a "notice of intent to deny" before getting the actual notice in the mail.  That could foul up your case even more.

 

I would not put my whole case on the word of a less than intelligent government donk.

[Mrsamoah2019 593]

Damn they are starting that new law already...u should have received a RFE but u were missing inportant info....if i were you id file the cr1...get married in ur husbands country

[yuna628 9,547]

14 minutes ago, Eric-Pris said:

DO NOT SEND any responses to a "notice of intent to deny" before getting the actual notice in the mail.  That could foul up your case even more.

 

I would not put my whole case on the word of a less than intelligent government donk.

This is very a very important point for the OP. If you don't know that something has been denied for sure, there's nowhere to send anything to. Don't expect the USCIS to magically be able to figure out how to match up an additional package to your current case file (it's not going to happen). That's why it's very important for the OP to remain calm and investigate further. They need to press any tier 2 spoken to, need to get on pressing officials or going to infopass. If a notice was supposedly sent out but still hasn't arrived in 30 days, something sounds a bit odd to me.

7 minutes ago, Mrsamoah2018 said:

Damn they are starting that new law already...u should have received a RFE but u were missing inportant info....if i were you id file the cr1...get married in ur husbands country

As the USC is a non EEA they will be unable to marry in the UK unless they go through the process on the UK side of things. This would involve following UK immigration rules and filing for their own type of fiancé visa. This can be complicated and for some impossible. Of course they could get married stateside with little issue. In the UK, one cannot just go get married if one of the party is an immigrant and non EEA.

Edited August 1, 2018 by yuna628

[Mrsamoah2019 593]

1 minute ago, yuna628 said:

This is very a very important point for the OP. If you don't know that something has been denied for sure, there's nowhere to send anything to. Don't expect the USCIS to magically be able to figure out how to match up an additional package to your current case file (it's not going to happen). That's why it's very important for the OP to remain calm and investigate further. They need to press any tier 2 spoken to, need to get on pressing officials or going to infopass. If a notice was supposedly sent out but still hasn't arrived in 30 days, something sounds a bit odd to me.

As the USC is a non EEA they will be unable to marry in the UK unless they go through the process on the UK side of things. This would involve following UK immigration rules and filing for their own type of fiancé visa. This can be complicated and for some impossible. Of course they could get married stateside with little issue. In the UK, one cannot just go get married if one of the party is an immigrant and non EEA.

o ok i see