JackandEdna2019

I would like some feedback, bcs my I-129F petition was denied and my fiancé wants to do the CR1 visa now! My question is will it be easier for us to get approved for our CR1 petition than the I-129F petition we got denied for? Not only did they deny it, but it took them more than 3 years and 4 months to deny it. My fiancé had our first baby together back in November of 2022, and we want to be together as a family bcs being apart sucks. Any advice pls feel free to let me know. 

30 minutes ago, Ok-Mix1229 said:

Good luck to you OP.  Hope this all works out for you... 

Thanks, I appreciate it! Yes, me too!

43 minutes ago, Lemonslice said:

Any counselor you are still seeing that could write a report?  No offense, but your parents and friends are not necessarily qualified to evaluate the possibilities of you re-offending - they are a little biased. 

 

 

Yeah, I already have a report from my counselor. I'm not seeing a counselor anymore as the incident happened 6 years ago, and I completed my court required low risk counseling successfully.  Yes, I only had my parents write a letter of support not to justify whether I'm going to re-offend again. But I also had the athletic administrator at the high school write a letter to verify that I have volunteered my time in the past 6 years keeping the clock at the home basketball games and stats at away games.

Thanks, yes that is what i have done is completed a letter stating that i have done counseling as required by the courts and I was determined to be a low risk for repeating such an act. I've also volunteered my time keeping clock with the high school where my dad coaches girls basketball, and doing stats and score book on away games.  I had my parents and the high school athletic administrator write a letter of support for me as well.

So I got the letter from USCIS and it's a NOID! They are giving me just 87 days to respond to the letter, with my evidence they are requesting otherwise they will make a decision based on the information they have already. I'm going to send my evidence in on Wednesday as I'm waiting for one last document. I'm praying they will approve it this time. They are requesting stuff that I've already sent, but I'm going to resend it anyways bcs I don't want to take a chance of getting denied. Does anyone know if sending pictures of our newborn daughter will help getting approved along with the evidence they are requesting. Basically, the letter is requesting me to prove that I'm not a risk to my beneficiary or any derivative beneficiary and that the charge of battery from 6 years ago should not be considered a specified offense of the AWA. I must prove all of ĥthese things. Pls let me know if you have any suggestions on what else to submit as my burden of proof that I'm not a risk to my beneficiary or anyone else!

11 hours ago, alicehosten said:

Both on USCIS and on this site!

Oh ok!

37 minutes ago, alicehosten said:

Partially similar! But there are significant differences! While I'm collecting information!

Oh ok! Your collecting information from USCIS or on this site? 

2 hours ago, alicehosten said:

While I'm still waiting! But while other things have appeared)))

Oh ok! Are you saying that you received a text msg and email notification like I received on Friday?  So your situation is similar to mine in what way, just curious?

5 hours ago, alicehosten said:

I have a similar situation! So much time wasted on data verification (((

So are you still waiting for a decision on your case or did you receive an approval already?

17 minutes ago, Lemonslice said:

Did the plea bargain have you admitting to the other offence?  Sorry, no idea how this works.  

"Talking to USCIS", who did you talk to, their main telephone line, or legal counsel?

No, I never admitted guilt to any charge. The DA offered to dismiss the original charge in exchange for a guilty plea of misdemeanor battery.  Besides they had no physical evidence against me and I never gave a statement to any officer or anyone for that matter and I think another reason they dropped the original charge is bcs the victim lied several times and kept changing her story and she admitted to lying so I think they figured if it went to a jury trial they couldn't prove beyond a reasonable doubt the original charge bcs they didn't have a credible witness.  When I talk to USCIS,  I always spoke with tier 2 or tier 3 bcs tier 1 is just basic support.  They don't have access to a lot of the stuff tier 2 and tier 3 have. 

28 minutes ago, Sarge2155 said:

 I would not get my hopes up to high and ready yourself for a possible unfavorable outcome. When there is just the mention of a Adam Walsh incident in a case that case gets extra attention and it usually does not end well! But you never know. I hope everything turns out as you envision!

I was never convicted of a AWA crime. I was arrested but the original charge was dropped in exchange for a plea bargain to a lesser offense being misdemeanor battery. But yeah, I'm not getting my hopes up, however, I talked to uscis before I ever filed my petition more than 2 years 4 months and 27 days ago, and they told me to make sure that I provide plenty of documentation for any past criminal history, which I did and it is up to the sole discretion of the officer adjudicating my case.

38 minutes ago, mari04 said:

It is definitely not an approval. Can be denial or RFE? Getting denied at this stage happens only if they discovered that one of you is not free to marry or do not meet 2 year Meeting rule. I cannot imagine any other reason. 

It's not a denial, but maybe an RFE. However, we are both free to marry and we have met 3 times in the last 3 years, but twice this last year so it's not for those reasons. 

3 hours ago, JackandEdna2019 said:

I was never convicted of the original charge. I plea bargain in order for them to dismiss the original charge and all I got was misdemeanor battery. 

Why sad?

1 hour ago, Jorgedig said:

Was there an Adam Walsh class crime in the petitioner’s background?   Having biometrics and the petition sent to Vermont would point to that, which would raise the likelihood of a denial.

I was never convicted of the original charge. I plea bargain in order for them to dismiss the original charge and all I got was misdemeanor battery. 

39 minutes ago, Jorgedig said:

Was there an Adam Walsh class crime in the petitioner’s background?   Having biometrics and the petition sent to Vermont would point to that, which would raise the likelihood of a denial.

Yes, but it was dismissed and I already talked to USCIS about that before applying. It doesn't necessarily mean they will deny it, especially if you have the appropriate documents to back it up and also its up to the discretion of the officer reviewing my case.

14 minutes ago, Lil bear said:

The NOID is sent to allow opportunity to present evidence that may change the outcome. You really need ti wait for the letter .. no way of knowing until then if its an RFE, NOID, something else .. I was just responding to your question about what an NOID is.. not saying you're getting an NOID notice. Breathe! 

Cool thanks for the info! I appreciate it!

1 hour ago, Lil bear said:

Notice of Intent to Deny   
 

usually gives you 30 days to appeal before it moves to Denial 

Oh I see! I don't see why they'd deny my petition as I submitted more than enough evidence for my petition. Plus wouldn't they just deny it if they were going to deny it!  Thanks for the heads up!

What is a NOID? I hope it's not denied. Uscis said if it was denied then it would say that.  They said it is a formal decision, meaning not yet final. But it sounds like it may be an rfe. Who knows, bcs as you said you can't trust the online status and the emails sometimes. 

Just now, Anna Hessler said:

Got it! I'm so sorry this is stressful. 

Yes, it is, as we've been waiting for 2 years, 4 months, and 27 days. 

Just now, Anna Hessler said:

Typically cases are transferred to Vermont when they need extra processing and background checks. They probably finally finished doing that!

Yes, they finished that but also this past September 26, 2022 they requested me to do biometrics which I did on September 26. The letter says that a decision has been made on my case and it's a formal decision and to follow instructions in the letter that was mailed out January 13, 2023.

4 minutes ago, Anna Hessler said:

I checked your timeline. Is the information correct? 2020 filer that was transferred to Vermont?

Yes, why?

2 hours ago, Scandi said:

The emails I have received didn't say what the decision was either, but the case status on USCIS website did. What does your status say?

 

You will receive a letter in the mail in regards to the decision, but count on that taking at least a couple of weeks to receive. 

The status online just says that my account status has been updated and thata letter has been mailed out explaining the decision of approval/denial, and to follow the instructions in the notice when I receive it. But it doesn't say online whether it has been approved or denied as well. Is that what your letter says also.

So today I received a text and an email from USCIS saying the following: 

On 10/3/2022 at 9:56 AM, Palawan said:

Why can't you do the utah online marriage? If you were starting over today would you do it? I don't understand why you have to marry here, isn't doing the Utah online marriage the same thing as marrying in the USA?

Bcs she's not here in the U.S. right now and we have to be married after our petition is approved and she passes the interview and medical there in the Philippines. If we marry before that we will have a lot of problems with our petition. 

4 minutes ago, Palawan said:

I think you are on the right track. If you do the Utah Online marriage would they still send make you jump thru all these hoops?

 

 

I can't do the Utah Marriage, bcs we have to get married here and I don't want to mess it up as it has taken a long time already so don't want to have more delays.