I-129F is about to be automatically rejected for a Russian beneficiary, should I even fight?

[A citizen 4]

24 minutes ago, iwannaplay54 said:

They meaning USCIS?

Yes, considering that roughly 15 years ago I had a very easy and fast approved K-1 case, which resulted in 10+ years successful marriage I thought to try again and thought that filing an I-129F petition is a piece of cake and everything should go just as smooth. Boy! Was I wrong! They, yes USCIS, made a big deal out of some, as I thought not important background question about myself, and made a very big deal out of it demanding more and more documents for something that quite possibly is not even possible to produce anymore... 
I am not stepping even one more step without an attorney anymore. I need to get one, whatever route I will need to take... This is just so ridiculous...  Such a small mistake costs everything!

Edited December 18, 2022 by A citizen
typo

[discoverusa 233]

I am just going to throw a wild guess. Did you have any arrest related to domestic violence while your marriage was breaking? Was Police involved in any domestic dispute? 

[Letspaintcookies 2,235]

43 minutes ago, A citizen said:

@iwannaplay54 : I respect your answer, but why is it a taboo question? It is hard to find the right partner for life. I think it does make sense to know:

 

Okay, let me a bit rephrase:

- this means only 5 times one can apply for different beneficiaries' K-1's. Period. Each application counts

or

- one can apply 5 or more times for different beneficiaries', but only 5 times visas can be either approved or denied (since an application can also be withdrawn, and withdrawn ones do not count in this scenario)

or

- one can apply 5 or more times for different beneficiaries' and these 5+ times visas can be denied, but only up to 5 times visas will be approved, at max (i.e. only successful approvals are considered in "5")

I do not insist on someone answering this question, because it is only a side question. 
My main question was and remains:

- Do denied or withdrawn applications count as attempts (of the allotment which has only a limited number) or not? That's all 

No it only means we have seen somebody here who was working to bring their fifth potential spouse over. There is no final number. The sky is the limit I guess.

[A citizen 4]

21 minutes ago, Lynxyonok said:

 

If your relationship is genuine, I'd fight to the end & provide all the data I can.

 

Having a denied application on the grounds of insufficient data would be a major red flag in my opinion.

 

Are you on the additional RFE step already? Or has it gone past that?

 

I've seen 4 cases reopened in the past year - do not give up.

The relationship is genuine, lasting many years, meeting many times, photographs, friends, relatives, ... a lot. But the USCIS is killing everything by asking for some documents that I don't even know how I can even get now... Related to some pesky thing I've mentioned in my background question answers, not much giving it a thought that it could be any problem. Now they opened a can of worms (in their imagination I guess) and picking one by one at a time dragging time.

Yes, as people suggest going the marriage route might be a better option, and it seems logical:

"Having a denied application on the grounds of insufficient data would be a major red flag in my opinion."

- sounds logical too. But all needs to be considered. This is why I am here.

"Are you on the additional RFE step already?"
- yes, we're exactly at RFE steps. Being requested more evidence that I cannot at this moment (without help of an attorney seem not even able to produce: it is so pesky nobody would even have references to such paperwork passed decades of time ).

 

"I've seen 4 cases reopened in the past year - do not give up."

- 4 seems awfully low number if we're talking about a considerably higher number of denied applications : ( 

 

That being said the situation regarding Russia right now is unstable, to say the least. Going even the marriage route is still super not easy it seems. There are still interviews that they basically make impossible, there is still a ton of obstacles.

This is why I am considering giving up on the whole thing all together. and being forced to research other ways to find a spouse starting thinking what else I can do.

 

Therefore I asked the question of how many tries for a fiancé visa do I actually have in life:
- This magic number of 5: is it "every application that was ever filed?" or "is it only denied/approved applications" or "it is only approved application count": for the life of me why some people react to this as it is a taboo question? Why so?

 

''Having a denied application on the grounds of insufficient data would be a major red flag in my opinion"

- I have a choice to fight and ultimately possibly lose not being able to produce very old documentation, or just give up... because fighting over this with USCIS could be counterproductive. What if I withdraw the application altogether before they deny it? Seems like a logical thing to do right now.     

 

 

 

 

 

[OldUser 5,107]

2 minutes ago, A citizen said:

That being said the situation regarding Russia right now is unstable, to say the least. Going even the marriage route is still super not easy it seems. There are still interviews that they basically make impossible, there is still a ton of obstacles.

Why do you think K-1 is easier or more preferable route than CR1?

 

5 minutes ago, A citizen said:

This is why I am considering giving up on the whole thing all together.

That's what USCIS are trying to achieve. Is this case important to you?

 

7 minutes ago, A citizen said:

Being requested more evidence that I cannot at this moment (without help of an attorney seem not even able to produce: it is so pesky nobody would even have references to such paperwork passed decades of time ).

 

What is the documentation that's missing?

[Marieke H 2,342]

10 minutes ago, A citizen said:

This magic number of 5

There is no magic number of 5. All people were telling you, is that we have seen someone on this forum filing a 5th petition. There is no limit or magic number. 

 

If you want help here, you'll have to be more specific. What exactly was the RFE about? Which background question are you referring to?

Edited December 18, 2022 by Marieke H
Typo

[OldUser 5,107]

11 minutes ago, A citizen said:

What if I withdraw the application altogether before they deny it?

What are you going to achieve by that?

[A citizen 4]

4 minutes ago, Letspaintcookies said:

No it only means we have seen somebody here who was working to bring their fifth potential spouse over. There is no final number. The sky is the limit I guess.

@Letspaintcookies THANK YOU SIR!

Finally I got some credible answer to the simplest question! :

- "This magic number of 5: is it "every application that has been filed?" or "is it only denied/approved applications" or "it is only the approved application count that really counts?": for the life of me why some people react to this as it is a taboo question? Why so?"

So the answer for everybody interested in the Community stands at this point: (but note, YMMV) 
One can file multiple I-129F petitions (more than 5 for sure: that is what I was actually worried about the most that this one could be limited),
One can be denied or approved multiple I-129F petitions (more than 5 for sure),
But the most that were actually approved petitions historically is limited to 5 maximum, according to VJ history.

That said, this controversial question, IMHO, has yet an unrealized dependency (I am sure it might upset somebody me pointing this out):
- there is a big difference between:

But the most that were actually approved petitions historically is limited to 5 maximum, with 5 fiancés becoming spouses of the petitioner (which I suspect was the case: all 5 ended in a marriage, otherwise the question itself makes no sense)

vs

But the most that were actually approved petitions historically is limited to 5 maximum, with some of the beneficiaries going back home (not ending in a marriage, which is just sort of "visiting" and not a meaningful use of the 5-time possible allotment): not the correct answer I assume. 
 

Sorry if my question and the final answer I got did upset anybody. But I am sure other people will appreciate the answer:
Since it is nice to know that one has up to 5 shots (YMMV) to bring beneficiaries ending with a marriage. : the proper answer
And sorry that some did not like the question up to deleting the post to begin with.
At least it makes me feel at ease: if I've already used one shot and reloading, I am still okay up to five successful shots! Thank you! Not that I need all of them! But Nice to know nevertheless ))))))))
Especially with my second shot being fired into the foot.

[Marieke H 2,342]

You are aware that not everyone who goes through this process is on VisaJourney, right? There might be someone out there who has successfully petitioned 6, 7, 8, ... people. There is no limit, but a waiver may be needed sometimes. And of course, the petioner has to be financially capable of sponsoring another immigrant.

[A citizen 4]

1 hour ago, OldUser said:

What if I withdraw the application altogether before they deny it?
What are you going to achieve by that?

As @Lynxyonok said
"Having a denied application on the grounds of insufficient data would be a major red flag in my opinion."

So, to answer the question, not having a red flag per se. Better it seems... Not so?

 

If I withdraw the application it is better than being denied. In my opinion USCIS cannot have a definitive conclusion for themselves as to why this withdrawal happened exactly. Maybe I just changed my mind, or whatever might have happened given it is all not easy in the Russian direction right now. Actually very hard. Everything you do is not easy with Russian fiancé cases.

 

As much as I would like this to work out, with my Russian fiancé, this is becoming dicey and a bit of a headache at this point. The question itself how can she have an interview even with RFE satisfied? Where? None of the places in Russia are doing interviews. The only place is Poland (where it is hard to get an entry visa to even go to Poland). I don't know any possible ways to make it happen even with the interview approved. And with these documents for RFE that is hard to produce? Too much hardship.

 

So no win, either way. I might be wrong though. If someone can tell me the solutions, I would be so happy, but no light at the end of the tunnel in the Russian direction.

 

I have no answers as to how we'll be able to get the actual K-1 (even with RFE satisfied) because of the interviews not available in Russian language, as they were available in the prior years. And the complications with RFE are just adding to the hardship making it all questionable.

 

If, let's say, I hire an attorney and that attorney manages to produce the documents from decades ago to satisfy RFE, what about the interview? How? Where?

 

Also switching this from K-1 to CR-1 ... ultimately not a solution either: an interview is still required. 

Edited December 19, 2022 by A citizen
typo

[iwannaplay54 985]

2 hours ago, A citizen said:

@iwannaplay54 : I respect your answer, but why is it a taboo question? It is hard to find the right partner for life. I think it does make sense to know:

 

Okay, let me a bit rephrase:

- this means only 5 times one can apply for different beneficiaries' K-1's. Period. Each application counts

or

- one can apply 5 or more times for different beneficiaries', but only 5 times visas can be either approved or denied (since an application can also be withdrawn, and withdrawn ones do not count in this scenario)

or

- one can apply 5 or more times for different beneficiaries' and these 5+ times visas can be denied, but only up to 5 times visas will be approved, at max (i.e. only successful approvals are considered in "5")

I do not insist on someone answering this question, because it is only a side question. 
My main question was and remains:

- Do denied or withdrawn applications count as attempts (of the allotment which has only a limited number) or not? That's all 

There is no, zero limit to the number of times you can file, or number of people you can petition.  There is no “three”, or “five”, or “formula”.

 

Based on your questionnaire issues and your Amazon Shopper attitude towards this process I’m guessing DV in your background.  There is also plenty of room on the “Affect of Major Changes” forum for your guests.
 

If you can pay, play.  Have fun.

Edited December 19, 2022 by iwannaplay54

[JeanneAdil 6,259]

sorry for what is happening to u

BUT if USCIS found something in a background check ,  where did they get the info from???

u need to find out and go for the same info they found /  it is possible

if court or arrest,  and the county/state has no record but it on a criminal background ,  get copy of your criminal check and ask the appropiate clerk to write saying "records no longer available"

 

it will not help to marry as the same issued will come up for a spouse visa but spouse visa is a better choice 

 

and this sentence'

 

 I have a choice to fight and ultimately possibly lose not being able to produce very old documentation, or just give up... because fighting over this with USCIS could be counterproductive. What if I withdraw the application altogether before they deny it? Seems like a logical thing to do right now. 

 

Personally u also say "hard to find the right partner if Life"

then do as i did 

K1 2009 denied

married 2010 

applied CR1 2010-denied 2011

appealed and won 

got the visa 2015

he's here

he's a citizen 

married now almost 13 years

 

and took us 6 to   get approved 

 

u just don't give up on love and the "right partner in life""

Lawyer????  don't know about that one

 

 

[JeanneAdil 6,259]

to add

why wonder how many K1's u can do if the same issue would come up every time?

 

finish this one with doing what USCIS wants and be with "the right partner"

[A citizen 4]

Sorry if my point was not understood...
I was not on this site much. I was not aware that I can actually apply for K-1 multiple times. A few hours ago I had a complete different picture in my mind, @iwannaplay54 
I thought (from bits and pieces I've came across before) it was only 3 times you can ever apply (and I do mean "apply", not even "get denied" or "approved"). To my understanding at the time I've effectively already used 2 attempts. 1st successfully, and the second having scrutiny from USCIS. I got worried and this small investigation was important for me. My apologies I did not make it clear, but I did try. It was important for me to know how many "shots" I really have.
Many people answered and I am happy that I do have more options than I thought I had. Thank you

[Marieke H 2,342]

Even if you would withdraw the application, that doesn't mean that whatever triggered the RFE will just go away. If you end up submitting another petition in the future, for this person or someone else, USCIS will have access to previous petitions, and they will see the same issue and the RFE that you didn't respond to. 

 

If you do not address the issue that triggered the RFE, by obtaining the required documents, you will have 0 shots at ever bringing anyone to the US.