uscis denied petition k1

[Ylengt 0]

Hey

 

I'm looking for help, I feel hopeless and need to figure out my next step. 

 

So my petition was denied at uscis in August 2020 and never made it to stage 2 (consultant).

 

 

 

1. How soon can I REstart my petition? (same fiance) 

 

2. If I was lacking evidence like chats and phone calls.  Will it be good for me to appeal and send them more evidence? IF yes, Do I need to gather up all my paper work again or will they have it?

 

3. Any advice and ideas would be helpful. 

 

Much appreciated 

Yt

 

[Lucky2Lucky 2,526]

1 hour ago, Ylengt said:

Hey

 

I'm looking for help, I feel hopeless and need to figure out my next step. 

 

So my petition was denied at uscis in August 2020 and never made it to stage 2 (consultant).

 

 

 

1. How soon can I REstart my petition? (same fiance) 

 

2. If I was lacking evidence like chats and phone calls.  Will it be good for me to appeal and send them more evidence? IF yes, Do I need to gather up all my paper work again or will they have it?

 

3. Any advice and ideas would be helpful. 

 

Much appreciated 

Yt

 

Why was it denied? Did you receive a RFE and never responded? Chats and phone logs would be for the consulate and not USCIS. Please update your profile with the country of your fiance

[Greenbaum 12,259]

3 hours ago, Ylengt said:

Hey. I'm looking for help, I feel hopeless and need to figure out my next step. So my petition was denied at uscis in August 2020 and never made it to stage 2 (consultant).

 

1. How soon can I REstart my petition? (same fiance) 

 

2. If I was lacking evidence like chats and phone calls.  Will it be good for me to appeal and send them more evidence? IF yes, Do I need to gather up all my paperwork again or will they have it?

 

3. Any advice and ideas would be helpful. 

 

Much appreciated 

Yt

 

1) You can start again now.

2) Read the information from here what USCIS is looking for as evidence of meeting. This is a statement from USCIS that others have received. https://drive.google.com/file/d/1LcxyB7lyfhS1AHvwHGQV7oZjAO_hQJB6/view

3) See above.

 

The biggest help in helping you is to know the reason for your denial. Please provide that and we can possibly help you further.

 

In the meantime, we need a little housekeeping on your end. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.
 
So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.

 
Timeline: https://drive.google.com/file/d/1RTx4pIFfcIXyW15L-nyLuBGzwqYRx5lI/view?usp=sharing

Country and Visa Type: https://drive.google.com/file/d/1RyJiLo_7WTmqvkzXXqLuOlVHm9oyhAES/view?usp=sharing

 
Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.
 
Thanks 

[JFH 12,190]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[Just Paul 4,595]

10 hours ago, Ylengt said:

Hey

 

I'm looking for help, I feel hopeless and need to figure out my next step. 

 

So my petition was denied at uscis in August 2020 and never made it to stage 2 (consultant).

 

 

 

1. How soon can I REstart my petition? (same fiance) 

 

2. If I was lacking evidence like chats and phone calls.  Will it be good for me to appeal and send them more evidence? IF yes, Do I need to gather up all my paper work again or will they have it?

 

3. Any advice and ideas would be helpful. 

 

Much appreciated 

Yt

 

Best to wait and find out why it was denied.   The USCIS is more about the petitioner background than the beneficiary.  They are checking to see if the two have you have met during the required timeframe, that the petitioner is a US Citizen and the you are both free and intend to marry.

 

A distinct disadvantage of a K1 is inability to appeal if it is denied at the consulate - but you never made it that far.   It is pretty rare that USCIS would outright deny, although completely in their power,  your petition without an RFIE/ RFE being sent unless you clearly were not eligible.

 

Let us know what you get from USCIS and the country involved.

[xxlian 100]

They can deny for something as simple as not signing your form. There isn't much you can do until you find out why.

[Greenbaum 12,259]

11 minutes ago, xxlian said:

They can deny for something as simple as not signing your form. There isn't much you can do until you find out why.

Simply not signing "your" form is not a denial reason. But if your application is returned for the signature and you fail to resubmit then you have denied yourself. Before opining, it's advisable that you are knowledgeable about what USCIS can and can't do. It's spelled out in the policy manual. I'll share the link.

 

https://www.uscis.gov/policy-manual

 

The destruction of reason has seen the triumph of ignorance.  

[xxlian 100]

17 minutes ago, Greenbaum said:

Simply not signing "your" form is not a denial reason. But if your application is returned for the signature and you fail to resubmit then you have denied yourself. Before opining, it's advisable that you are knowledgeable about what USCIS can and can't do. It's spelled out in the policy manual. I'll share the link.

 

https://www.uscis.gov/policy-manual

 

The destruction of reason has seen the triumph of ignorance.  

You're right. I was thinking of the USCIS status that I have seen that say "Case was rejected because I did not sign my form," which is different than a denial. Thanks for clearing this up. I'll withhold my comments on posts from now on.

[Cheburashka34 228]

1 hour ago, xxlian said:

You're right. I was thinking of the USCIS status that I have seen that say "Case was rejected because I did not sign my form," which is different than a denial. Thanks for clearing this up. I'll withhold my comments on posts from now on.

Don't withhold your comments! Just make sure to double check your advice before posting. I've messed up before and asked them to remove my comment🙃

[Greenbaum 12,259]

1 hour ago, xxlian said:

You're right. I was thinking of the USCIS status that I have seen that say "Case was rejected because I did not sign my form," which is different than a denial. Thanks for clearing this up. I'll withhold my comments on posts from now on.

No need to refrain from adding your input but be sure of your answer is accurate. What you think makes sense may not. Even I can make a mistake. 

[JeanneAdil 6,554]

3 hours ago, xxlian said:

You're right. I was thinking of the USCIS status that I have seen that say "Case was rejected because I did not sign my form," which is different than a denial. Thanks for clearing this up. I'll withhold my comments on posts from now on.

don't withhold comments /  you may have valuable info especially  for your embassy or from friends going thru this

and you are allowed opinions on the issues that spark emotions

 

i stand corrected before when i thought i knew and didn't like one EO was extended and i missed it 

i make mistakes too

 

[SalishSea 17,928]

5 hours ago, Greenbaum said:

Even I can make a mistake. 

Wait, what? ❤️

[SalishSea 17,928]

19 hours ago, Ylengt said:

Hey

 

I'm looking for help, I feel hopeless and need to figure out my next step. 

 

So my petition was denied at uscis in August 2020 and never made it to stage 2 (consultant).

 

 

 

1. How soon can I REstart my petition? (same fiance) 

 

2. If I was lacking evidence like chats and phone calls.  Will it be good for me to appeal and send them more evidence? IF yes, Do I need to gather up all my paper work again or will they have it?

 

3. Any advice and ideas would be helpful. 

 

Much appreciated 

Yt

 

Speaking in general terms, USCIS rarely outright denies petitions, because the approval criteria are so minimal.  If they were questioning whether/when you had met your fiance, or your marital status (i.e. divorce decrees), they would have likely sent an RFE.

 

An outright denial makes one wonder if there was some type of ineligibility?   

Just now, Jorgedig said:

If I was lacking evidence like chats and phone calls.  Will it be good for me to appeal and send them more evidence? IF yes, Do I need to gather up all my paper work again or will they have it?

There is no appeal process.

 

'Ongoing relationship' evidence, such as chats and phone calls, is not required at the USCIS stage.

[Ylengt 0]

On 8/27/2020 at 6:01 AM, Greenbaum said:

1) You can start again now.

2) Read the information from here what USCIS is looking for as evidence of meeting. This is a statement from USCIS that others have received. https://drive.google.com/file/d/1LcxyB7lyfhS1AHvwHGQV7oZjAO_hQJB6/view

3) See above.

 

The biggest help in helping you is to know the reason for your denial. Please provide that and we can possibly help you further.

 

In the meantime, we need a little housekeeping on your end. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.
 
So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.

 
Timeline: https://drive.google.com/file/d/1RTx4pIFfcIXyW15L-nyLuBGzwqYRx5lI/view?usp=sharing

Country and Visa Type: https://drive.google.com/file/d/1RyJiLo_7WTmqvkzXXqLuOlVHm9oyhAES/view?usp=sharing

 
Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.
 
Thanks 

The letter they sent me said

 

1. No evidence of communication

 

2. Photos were not dated and labeled. (I used my phone) can photos be dated with pen?

 

3. Did not indicate what type of marriage ceremony, did not provide evidence of beneficiaries knowledge of wedding plans

 

4. Based upon records you have not established your and beneficiaries mutual intent to marry

 

[Ylengt 0]

On 8/27/2020 at 1:15 PM, Paul & Mary said:

Best to wait and find out why it was denied.   The USCIS is more about the petitioner background than the beneficiary.  They are checking to see if the two have you have met during the required timeframe, that the petitioner is a US Citizen and the you are both free and intend to marry.

 

A distinct disadvantage of a K1 is inability to appeal if it is denied at the consulate - but you never made it that far.   It is pretty rare that USCIS would outright deny, although completely in their power,  your petition without an RFIE/ RFE being sent unless you clearly were not eligible.

 

Let us know what you get from USCIS and the country involved.

The letter they sent me said

 

1. No evidence of communication

 

2. Photos were not dated and labeled. (I used my phone) can photos be dated with pen?

 

3. Did not indicate what type of marriage ceremony, did not provide evidence of beneficiaries knowledge of wedding plans

 

4. Based upon records you have not established your and beneficiaries mutual intent to marry