Wander

What is EMC ? What was the basis of appeal? you mean why we sent the appeal,rite? hm...it's my fiance decision, I didn't know that we shouldn't. If I could turn back time, I think I should post the topic in this forum first. We really wasted time and money as you said.

Anyway Thank you again for all suggestions and supports.

Yes, his final divorce was on January 3,2007

Thank you very much for every suggestions

My fiance and I had filed K1 visa and later we got denied and at that time I just knew that his divorce wasn't final. Then we made the appeal and my fiance got this later , dated on August 30,2007

on 1st page :

This is the decision of the AAO in your case. All documents have been returned to the office that originally decided your case. ANy further inquiry must be made the that office.

On the last paragrah, it said

The denial of this petition is without prejudice. The petitioner may file a new form I-129F petion on the beneficiary's behalf in accordance with the statutory requirements. The burden of proof in these proceedings rests solely with the peitioner. Section 29... The petioner has not met the burden.

Order : The appeal is dismissed

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and on the same day I recevied the email :

The last processing action taken on your case

>

> Receipt Number: WACXXXXXX

>

> Application Type: I129F , PETITION FOR FIANCE(E)

>

> Current Status: This case is now pending at the office to which it was transferred.

>

> The I129F PETITION FOR FIANCE(E) was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

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and I asked him to call USCIS, the operator said that dismissed means denied ,we should refile the application and he said that I can refile now but my question is why i got the email that it is said ''pending'' and how can I refile if i still don't receive the decision letter from USCIS. I'm afraid that if i refile , there will be a duplicate document. and the operator also said that on the internet is not up to date. I'm very curiuos because after Aug 30,07. I got touched 4 times, the last time is on April 24,2008

Any suggestions?

Thank you

My fiance had filed I-290B in March and our case was sent to AAO on May 10, and until now there is no update yet:-(

Wander