"Confused about the status of our Appeal"

[MayaLar 0]

Hello Everyone!

Our application for K1 was denied because we failed to established evidence that the two of us have met within 2years....We were given option to appeal...

After we submitted I-290B, Fiance received notice that our Appeal is under review and process. 3 months gone by and followed up the status of our appeal and was given false hope that decision will come out within 2weeks.....time passed and we are now running for 5th month and still no news.........We were given another 45days for an outcome......

Any input will be greatly appreciated....

[payxibka 10,044]

Hello Everyone!

Our I-129F petition application for K1 was denied because we failed to established evidence that the two of us have met within 2years....We were given option to appeal...

After we submitted I-290B, Fiance received notice that our Appeal is under review and process. 3 months gone by and followed up the status of our appeal and was given false hope that decision will come out within 2weeks.....time passed and we are now running for 5th month and still no news.........We were given another 45days for an outcome......

Any input will be greatly appreciated....

K-1 is a visa. Nobody has yet applied for a visa....

Appeals are rare... good information on timing does not really exist as it is really on a case by case basis

Edited July 7, 2009 by payxibka

[MikenKyhen 0]

Good luck on your appeal. I know that has to be frustrating. Good luck to you guys and we wish you the best. Mike n Karen

[MikenKyhen 0]

Good luck on your appeal. I know that has to be frustrating. Good luck to you guys and we wish you the best. Mike n Karen

I was just looking at your profile. I don't understand. What do they want from you guys? You have several dated pics of the two of you together and I am sure you have plenty of receipts, plane tickets, passport stamp etc.. Man, I really hate that. Hang in there. Hopefully your appeal will be sorted out and you can continue on a much smoother Journey. Good luck to you guys. We will be pulling for you. Mike n Karen

Edited July 7, 2009 by MikenKyhen

[^KK^ 3]

[MayaLar 0]

Thank you so much everyone!!!

Mike and Karen thanks as well...My fiance are also frustrated because he himself is a well organized person and submitted necessary documents on initial package that we sent however, it didn't suffice what they have requested from us......We are still remaining positive and we will fight for what we have started.....

[brnidokiegurl 0]

Hello Everyone!

Our application for K1 was denied because we failed to established evidence that the two of us have met within 2years....We were given option to appeal...

After we submitted I-290B, Fiance received notice that our Appeal is under review and process. 3 months gone by and followed up the status of our appeal and was given false hope that decision will come out within 2weeks.....time passed and we are now running for 5th month and still no news.........We were given another 45days for an outcome......

Any input will be greatly appreciated....

ok apparently u have pictues etc so what was the problem? showing the exact time being within the 2 years? how about the travel tickets and papers that would show the timing

[MayaLar 0]

We started correspondence October 2007, Fiance came and visited me March 2008. He stayed here for 2weeks gathered boarding pass, hotel receipts, passport, phone records, dated pictures of us together and with my family; Filed the petition end of June 2008........

[Bajih 4]

My advice: Get a good immigration lawyer. They will help you through this. They know the system and the loopholes and such. My lawyer put together our entire package- and we met just like you. Not sure why you were not approved- (your officer having a bad day? or mine a good one?) It makes no sense. I HIGHLY recommend getting the advice of a lawyer. This is much too precious to just grasp at straws for.

My 2 cents.

Good Luck. I know it sucks, but hang in there and be proactive!

Baj

[noob 0]

We started correspondence October 2007, Fiance came and visited me March 2008. He stayed here for 2weeks gathered boarding pass, hotel receipts, passport, phone records, dated pictures of us together and with my family; Filed the petition end of June 2008........

Did your fiance send copies of the passport page with the stamped dates on it? This is a very strong evidence that proves he was there on this dates and this is material fact but pictures,phone records are only secondary evidence.

[noob 0]

We started correspondence October 2007, Fiance came and visited me March 2008. He stayed here for 2weeks gathered boarding pass, hotel receipts, passport, phone records, dated pictures of us together and with my family; Filed the petition end of June 2008........

Did your fiance send copies of the passport page with the stamped dates on it? This is a very strong evidence that proves he was there on this dates and this is material fact but pictures,phone records are only secondary evidence.You sent them the passport number but this wont show the dates in question and they will not check security cameras to prove the evidence for you.You have to prove it to them,and the dates stamped in the passport page is a material fact they cannot dispute.

[Carlawarla 1]

Hello Everyone!

Our application for K1 was denied because we failed to established evidence that the two of us have met within 2years....We were given option to appeal...

After we submitted I-290B, Fiance received notice that our Appeal is under review and process. 3 months gone by and followed up the status of our appeal and was given false hope that decision will come out within 2weeks.....time passed and we are now running for 5th month and still no news.........We were given another 45days for an outcome......

Any input will be greatly appreciated....

I'm a little confused. I thought I remembered reading some of your case from an earlier posting and there were "two" reasons for denial? One was proof of having met, and the other was about a previous marriage you had and the presumption of death. Wouldn't you have to address both of these issues in an appeal? Why are you basing your appeal on just the part of having evidence of having met? You had evidence. Sorry if I have this wrong but I'm just wondering about this whole thing.

[MayaLar 0]

My fiance said our main issue is that they didn't believed that we already met within 2 years. We already resubmitted more evidence as mentioned above. As far as my previous marriage is concern we also included legal papers probing that I am legally separated such as final decision from the court certified by local civil registrar and annotated marriage certificate from NSO. They just had a question regarding presumption death as there is no divorce in the Philippines. As far as I know they recognize Annulment and Presumptive Death as proof of termination of previous marriage.

[Carlawarla 1]

Thanks for clarifying that then. All the best to you in hearing something positive very soon!

[chinese_mutt 11]

My fiance said our main issue is that they didn't believed that we already met within 2 years. We already resubmitted more evidence as mentioned above. As far as my previous marriage is concern we also included legal papers probing that I am legally separated such as final decision from the court certified by local civil registrar and annotated marriage certificate from NSO. They just had a question regarding presumption death as there is no divorce in the Philippines. As far as I know they recognize Annulment and Presumptive Death as proof of termination of previous marriage.

Be careful how you present your words, Legal Separation (or Legally Separated) and Annulment are two different animals in Philippine laws.

When you say you are Legally Separated, you are not allowed to get married anymore until the death of your ex-husband.

If it is an annulment, you can remarry.

Just trying to help you not stumble into a hole. It would be best to use whatever term they used in your court final decision. Start correcting your way of thinking and usage of words now, this will help you to not get confused during interviews. The CO maybe sneaky and you will get slapped with "denial" due to misrepresentation of your singleness and availability for marriage.