Wisjam

did you ever contacted your congressman or call uscis or the ja embassy at all...woii

I emailed the embassy a few times. I wasn't sure how to proceed, but was under the impression that USCIS would give me the reason once they "reviewed" my petition. I didn't contact my congresswoman because I wasn't sure what I was dealing with. I thought once I got the reason, I could take care of the issue. I should have been more proactive. Again, I wasn't aware that they could just let it expire.

wisjam when did you file your I129f .

that is what I would think too

I think I filed around June 2011.

That is one of the advantages of CR1 over K1

Is your love worth waiting for? Is she the one that God assigned to you? You may decide to wait

My CR1 was not approved after first interview. Now after 9 months of cr1 first interview, my case is reaffirmed; on its way for second interview

Think about the future. To get the real reason why you were denied, you can go through your senator. You have a right to know; let your senator speaks for you

Generally, I think the reason is one of the many reasons why majority are denied: feeling that your relationship was for immigration purpose only. Make sure you go through formal marriage process according to Jamaica local culture

Wish you all the best

Thank you for the reply and advice. I am going to have to think over the k1 vs cr1 options. Any advice on the pros and cons of both would be appreciated (I obviously have no clue what I am doing ).

I know ...same here did you contact them at all before this when was interview...it would be nice and helpful if u knew yyy before refile

The "crowd control" guy outside told me they wouldn't tell me the reason. I should wait for the US to contact me, they would give me the reason. I emailed the Jamaican Embassy 3 times... no reply. I figured we would get a reason from the US and could proceed from there. Our interview was the end of October. It seems silly to refile unless we know a reason. It's almost like they want people stuck at a dead end. I don't have the resources to continue to blindly file over and over again. It's hard to believe that they can't just disclose the reason. I mean it must have been written on our returned petition, right? It makes you wonder if there was a valid reason. Sorry, I'm done venting now. I'm so sorry you are in the same situation. I recommend that you call call call USCIS. I didn't know that they could just let it expire. I wasn't given anything that said it would expire in four months until AFTER the four months was up. Boy did they contact me quickly once it expired, though!

did he get a 221g...paper stating that it was being sent back for more review or more evidence

He did get a 221g stating that it was going back for further review. No further evidence was requested on the letter. No reason was stated (doubt of relationship or otherwise). It was very vague, only stating that new evidence was made available that was not previously available. After going over the interview with him, it doesn't seem that any of his answers could have been "new evidence". Everything was on the initial petition. We had every detail in order, no missing documents etc.

Basically, the petition was sent back to USCIS by the embassy. They then let it expire, rather than review it. It is dead.

Your options are to re-file for the K1, paying the fee again, or to get married and file for a CR-1 spousal visa. But first you must somehow find out why the visa was denied, otherwise you cannot ensure it will not be denied a second time.

Yes, My fiance wants me to come down, get married and file for CR-1. I am weary of going this route because I fear that we will be denied again. I have a feeling that the CO just had a bad feeling about him/me/us/the relatinship, but no evidence to base his feelings on. Everyone else exiting the interview had a list of things they needed to provide. We got nothing but a letter saying "new evidence was provided during the interview that was not previously available". We have gone over the interview a million times, nothing really stands out, but of course we can speculate about 1000 things.

I don't see how either refiling a k-1 or filing for a CR-1 would bring different results if we don't know what was holding us back in the first place.

I will look into FOIA.

I am so frustrated.

Wow! I wish they would have given me a reason. Makes it hard to reapply with no understanding of why the initial petition was not approved. Weren't they supposed to return my documents as well?

I haven't posted in quite some time. I've been waiting since October for word from USCIS regarding my fiance's 221g. I wasn't sure how to proceed since the CO didn't give a reason for the 221g, request any additional info, or even sign the paper. He said that the USCIS would send me a letter with the info.I grew tired of speculating what might have caused the problem and decided to sit back and wait for further info. Today I recieved a letter that read as follows:

This notice notice is in reference to the form I-129F, Petition for an Alien Fiance(e), filed persuant to section 101 (a)(15)(k) of the Immigration Nationality Act, as ammended. The petition was approved and was forwarded abroad to a US Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to the USCIS with a finding that the beneficiary was not issued the requested K-1 visa. Since the period of validity has now expired, the petition will not be revisited. Therefore, in accordance with 8C.F.R. 214.2(k)(5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new form I-129F, Petirion for an Alien Fiance(e), for the beneficiary with a fee.

Can someone please translate this into English for me?

Okay, I spoke with my fiance. Here's the whole (very small)enchelada. It was a very short interview. They called him up, asked for his paperwork and told him to sit down. They called him up again, swore him in and took a thumb scan.

CO: What is your fiancee's name? (He told her my first and last name)

CO: When did you meet? (1999)

CO: How did you meet? (She was down visiting her mom in Trelawny with friends and we met and spent time together) My mom lived in Jamaica for a few years.

CO: When were you engaged? (2009)

CO: Do you have any pictures? Showed pictures of us from 1999-present, including some of us with my son at 1 1/2 and 5 years to show time better. (she didn't ask/say anything about the photos).

CO: Do you have any children? (Yes 1)

CO: Does she have any children? (yes 1)

CO: Is it yours? (No)

Do you know the father? (No, it was an accidental pregnancy) He meant that the father and I were not committed and was not given time to explain further.

CO took a picture of us in 1999 and walked away, returning with a white paper.

From what I see, he did not get a chance to fully answer the last question before she walked away to get the paper. What do you guys think?

Secondly, our petition expires next week. What are our options?

You met in 1999 and your son is 6 years old. This means your son was born in 2005 (6 years after you met your now fiancé). The CO is thinking: if you were really interested in establishing a relationship of intimate dealings with him, why did you have to find someone else and get pregnant for him 6 years after you met with your current fiancé? If you were legally married to another man (assuming the "another" man is the father of your son), it brings some questions of 'moral values' to the fore; it's like looking for a marriage partner while still married to another man. This provokes some considerable doubts as to how genuine the relationship in question is. I don't mean to offend you; just trying to be objective as to the possible cause in order to device a tactful way around the difficulty.

No offense taken. I was thinking the same thing. My fiance did say that she asked where the father was. He said that he didn't know. It was an unplanned pregnancy and the father left while I was still pregnant.All true.So it clearly couldn't have been an issue of me looking for another man while still in a relationship. I have never been married. The reason we didn't establish a relationship in 1999 was because we were young. We cared about each other and stayed in touch over the years, but he really didn't want to move to the US and I wasn't looking to get married. I was still in college. Once we grew up a little, we decided that we were very good together and were compatible on a number of levels and would make a good couple. He is wonderful with my son, he's loyal,loving, respectful, works hard, expects nothing that he doesn't earn, and we really get each other. He has all of the qualities that I, as an adult now, find important in a partner.

We are planning on speaking tonight. I will get the full detailed scoop and post it tomorrow.

I also noticed that they took only the employment records fron two of my three jobs. If they somehow missed that one (which was in the same pocket with all of the other I134 info)That would leave me about $2000.00 under the income threshold. I really don't see how they could have missed it since it was in the pocket marked Affidavit of Support along with all of the other info they took. Could they have somehow missed it? My tax transcripts from the last 3 years still verify sufficient income.

From what he told me, it seemed to be the discussion of my son that ended the interview. It was indicated in the original paperwork that I had a son and he did not, so I thought that was clear from the beginning. I also explained how our elationship grew from a long standing friendship in the original packet.

Sheesh, being honest can be dangerous, huh?

How do I appeal? I emailed the embassy, asking for a specific reason for the 221 (g) and offering to provide any additional documentation or clarification needed.

He was given a sheet saying that due to new evidence provided, the officer has reason to believe he is ineligible and his petition is being returned to USCIS.

What was the new evidence provided. What was on the piece of paper that he was given?

There was no reason given on the paper aside from "new evidence". He did not provide any new evidence. Everything they discussed was on the original application. When he asked for the reason, they said that USCIS would sent me the reason. I have no idea what could have gone wrong.

Wisjam,

I am very sorry to hear what happened at the interview with the US Consulates. The consulate assumes that when you met in 1999 both of you were not in a committed relationship. Your committed relationship springs up in 2006 and later become in engaged in 2009. If i were you i will be interested to build a strong bonafide documentation that springs from 2006 till date to proof a bonafide relationship. I dont know if you have visited your fiancee after 1999, ie starting from 2006 when your relationship to marry become evident to you and both of you have spent a enough time together showing documentation as the supporting evidence till date

I dont think your son who is 6 years old has anything to do with the bonafide of the relationship. It is out of the contest it is the reason for the denial, no one can concur with the consulates for such denial. As long as both of you are free to marry,having a son has no effect to marriage and it will not be a reason for denial.

Another reason for a denial may be as result of your affidavit of support i-134 and your employment letters, Did you review the minimum and maximum requirements you need to meet in affidavit of support to know if you meet with the requirements of bring your fiancee since you have a son. I think the reason for the Consulates to take your i-134 affidavit of support and the supporting documents is to present that to USCIS as an evidence for their denial and to review it.

If the Consulate has no evidence of denial and just presented a written documentation to convince USCIS to deny and revoke your case, you can contest for it and still get your case re-approved again since they dont have such evidence but they are just questioning your relationship.

For me i dont know why the consulates should use 221g to return a case to USCIS for review and possible revocation instead of allowing you to supplement with an additional evidence to proof the bonafide of your relationship. OR in the case of the affidavit of support to allow you to get an additional person who is a US Citizens to assit you in the affidavit of support if you did not meet the requirments. The laws permits that and it is in the Memo sent to all the consulates.

I will advice you to email the consulates and ask them for the entire reason for the return of my approved petition to USCIS for possible revocation, If it is something that can be amended, Please ask them to give you time to supplment the denial with an additional evidence to over come them,if it is based on the information i stated above. Tell the consulates that you are willing to co-operate with them to provide additional information to overturn the denial if necessary or required than to return it to Uscis for review and possible revocation.

Hang in there

Thank you for your response. I make $3000.00 above the 125% poverty line for a family of 3 (myself, my son, and my fiance). I also provided proof that I have $60,000. in home equity. I don't think finances should be an issue. I will email the consulate.

So, My fiance had his interview in Kingston on Monday, October 24th. He was given a sheet saying that due to new evidence provided, the officer has reason to believe he is ineligible and his petition is being returned to USCIS. His paperwork and my tax transcripts, I134 and employment letters were removed (I assume sent to USCIS). So I think it's either a question of my income or a misunderstanding that he wasn't given an opportunity to explain. He was asked when we met. He answered 1999. Asked when engaged Dec. 2009. The problem is we did meet in 1999, but were not in a committed relationship until 2006. The officer asked if my son, 6 years old, is his. He answered no and was given a 221 (g). He was not given a chance to explain that, although we met in 1999, we were not in a committed relationship until after the birth of my son.

So, what do you think the reason is? Why did they take my I134 and supporting documents? What should I do next?

Thanks in advance.

Hi everyone! My fiance's interview is scheduled for October 24th. I am getting all of his documents together and was looking for a good list of documents on here. I saw a great one in a consulate review a while back, but can't seem to find it now. Thanks for any help!!!

I just recieved an email from the embassy in Kingston, subject:k1 packet. It contained links to forms DS-156k non-immigrant fiance visa application, DS-156 non-immigrant visa application, DS-157 Supplemental non-immigrant visa application, and DS-230 application for immigration. These are for my fiance (the beneficiary) to fill out right? Why were they sent to me? Will they mail him copies too or do I have to mail them to him (he doesn't have access to a computer)? I'm confused.

Thanks!

I am currently having the exact same issue with NVC. 4 weeks since it was sent from USCIS and NVC says they don't have it or know where it is. They had me scan and send a copy of my NOA2 to nvcrecieve.gov - that was last week and still no word. Somebody is really dropping the ball over there. Don't worry, it will show up.

I just got an email this morning that they found it. So, 32 days from when it was sent. I'm sure yours will be coming any day now!

Cubaqueen, They'll probably just give us a next day interview with guaranteed approval for our trouble

They found it!

Amigos,

Has anyone ever had their documents not show up at NVC after having been approved (NOA2) at USCIS? The folks at NVC have asked for my NOA2 evidence because were in the fourth week now since approval at USCIS and we're not in the system.

I am wondering if a) this has happened to you; and b) how long it took to solve the problem? Did they contact you and say, "hey, we found it" or did they just forward it on?

This is all the more disappointing because we had made good progress with USCIS, getting our NOA 1&2 in just 80 days.

All good wishes,

Lamancha

I am currently having the exact same issue with NVC. 4 weeks since it was sent from USCIS and NVC says they don't have it or know where it is. They had me scan and send a copy of my NOA2 to nvcrecieve.gov - that was last week and still no word. Somebody is really dropping the ball over there. Don't worry, it will show up.

Yea, mine said it was going straight to the consulate. I don't know if it is a new process for them to go to the consulate, but everyone's past experience is stating not. It is just disheartening to see so many people from the end of June still not have NVC received dates. I don't know if this has anything to do with summertime since the slowdown appeared in the middle of June. The worst part about it is most of the petitions on visajourney that recently have been given received dates are coming out of CSC. It is like the NOA2 quicker processing from CSC over NVC all over again.

wisjam, maybe we will get our petitions received by the time the other jamaica visajourney members who have later NOA2 dates than us, and whose petitions have already been received in NVC and Kingston, have their interviews. Someone's got to keep the humor going on this sad thread.

Cubaqueen, They'll probably just give us a next day interview with guaranteed approval for our trouble

Yes! I received my NOA2 on July,28th and it says that the petition has been forwarded to the listed consulate. I called USCIS and the operator told me that I-129F petitions are directly sent to the consulates whereas I-130 petitions are sent to NVC. I'm not sure if it's a new policy or the guy in USCIS just wanted to get rid of me!

Nope. Mine said it was being forwarded to NVC. They said they are trying to locate it. Glad to hear your petitions are moving along though

That's great news! So happy for you

I recieved m noa2 from USCIS a month ago. Contacted NVC who said they have no record of it. They had me scan and attach approval letter and email it to them. They replied that they had recieved the copy I sent them and will contact USCIS and try to locate it. Has this happened to anyone else? How much longer can I expect to wait?

Im married, but evidence of the relationship such as pictures, phone records, emails, flight iteneraries, passport stamps that show when you have visited him, mail that he has sent you and you sent him. These are the things I sent.

Not exactly sure, but I believe that is the form that shows your fiance hasnt been married before and is free to marry you now.

Funny, I just asked about this today too. A non-impediment form can be aquired from Registrar General in Jamaica. It is proof that your fiance is free to marry. I guess it is needed for the interview. It costs $5600 JM. I know, more money!