Case Denied

[Crazy Cat 39,561]

Looks like you sent the I-129F in March of 2022.....then met in March 2023.  That is the reason for denial. 

[Crazy Cat 39,561]

In the past, they have rejected cases for failing to meet within 2 years prior to filing.  Looks like they decided to deny this case instead (which is their choice).  

[Crazy Cat 39,561]

If failing to meet is the reason for denial, then OP can refile an I-129f.  However, I would consider a CR-1 spousal visa. 

Edited August 20, 2023 by Crazy Cat

[W199 264]

What do you plan to do? File again? If so, with such a basic fundamental mistake, I bet there are other  more subtle issues with your petition that will result in an RFE. You may want to consider using an agency to help you this next time around. The one I used was only $600 and was invaluable and cuts through all the different opinions you will hear  But there are a lot of agencies and incompetant lawyers that will also do it for you. Choose wisely. 

Edited August 20, 2023 by W199

[Mr.So 56]

47 minutes ago, Crazy Cat said:

If failing to meet is the reason for denial, then OP can refile an I-129f.  However, I would consider a CR-1 spousal visa. 

What would be the up side of CR-1 over K1? Wouldn't CR-1 take even longer? Thank you.

[TBoneTX 43,404]

2 minutes ago, Mr.So said:

What would be the up side of CR-1 over K1? Wouldn't CR-1 take even longer? Thank you.

See the comparison, as compiled by our fine member Crazy Cat:
K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    CR-1
    Less expensive than K-1    
    No Adjustment of Status (I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

[TBoneTX 43,404]

45 minutes ago, W199 said:

You may want to consider using an agency to help you this next time around

PWC, the VJ Partner that I always recommend is:

Stellar responsiveness, impeccable knowledge.

 

I have no conflict of interest in recommending this firm.

Edited August 20, 2023 by TBoneTX
typo

[SalishSea 16,851]

1 hour ago, PWC said:

We started talking Nov 22, 2021. Filed the case, but because of covid, I could not fly to meet her. But did go meet her and spent 1 week with her and her mother in March of this year.

You have to meet in person at least once in the preceding two years.   You are not eligible for a K-1, and we’re rightly denied.   This is a non-negotiable requirement and is no way a ‘soft denial.’

 

Refile, or marry and start  the CR-1 process.

[Crazy Cat 39,561]

FYI-   The OP has reached new member post limit today.  He'll be back tomorrow. 

Edited August 20, 2023 by Crazy Cat

[pushbrk 12,220]

3 hours ago, Mr.So said:

What would be the up side of CR-1 over K1? Wouldn't CR-1 take even longer? Thank you.

Regardless of the upsides of a CR1, it is for the spouse of a US Citizen, and you are not yet married.  Like the in person meeting part of the K1 process, you must already be married, to start the spouse visa process. What's better for you depends on your own priorities.  Getting married cannot happen until you are together again to get married and/or consummate the marriage.

[EM_Vandaveer 2,370]

7 hours ago, PWC said:

We started talking Nov 22, 2021. Filed the case, but because of covid, I could not fly to meet her. But did go meet her and spent 1 week with her and her mother in March of this year.

You haven't fulfilled the requirement to meet in person PRIOR TO filing. Your petition was properly denied.

[PWC 24]

Sorry Everyone for not responding till now. I was cut off since I am a newer member of the website. I've read all your responses. I have a lawyer, they never explained to me that we must meet prior to filing. He did said, Quote " Hey Peter, you are supposed to meet prior to filing, but sometimes there is an exception to the meeting requirement" End Quote

 

Which is quickest please, K1 now that we have met, or go there marry her and file a CR-1?

 

Also I don't know if any of you are lawyer or know if I can demand my money back from my lawyer since he should have know clearly that immigration would deny based on the fact we did not meet yet before filing. I paid him $5000.00 for the filing.

 

I will update you all with what the paper says once I get it.

 

 

[Lil bear 3,842]

33 minutes ago, PWC said:

Sorry Everyone for not responding till now. I was cut off since I am a newer member of the website. I've read all your responses. I have a lawyer, they never explained to me that we must meet prior to filing. He did said, Quote " Hey Peter, you are supposed to meet prior to filing, but sometimes there is an exception to the meeting requirement" End Quote

 

Which is quickest please, K1 now that we have met, or go there marry her and file a CR-1?

 

Also I don't know if any of you are lawyer or know if I can demand my money back from my lawyer since he should have know clearly that immigration would deny based on the fact we did not meet yet before filing. I paid him $5000.00 for the filing.

 

I will update you all with what the paper says once I get it.

 

 

Fire the lawyer. Read the instructions. Follow precisely. Do it yourself. Mist of us do it successfully without lawyers   

[nastra30 2,030]

1 hour ago, PWC said:

Also I don't know if any of you are lawyer or know if I can demand my money back from my lawyer since he should have know clearly that immigration would deny based on the fact we did not meet yet before filing. I paid him $5000.00 for the filing.

Omg, this lawyer just wasted your time and your money regarding a very basic immigration requirement that should have been a given. Fire him.

[Verrou 1,901]

Fire that lawyer. Most of the time u don’t need to hire lawyer for k1 especially if you have all copies of ur k1 submission, u already know what to do. Now to get the money back ? That one is tricky, guess u can file small claim court but just don’t put ur high hope up.