I-129F *denied* :( What to do next?

[HeartOfAllThings 2]

My fiance mailed the 129F form in February, and this morning we were all happy to find that our case status had just been updated on the uscis website... but it turns out the petition was denied We have no idea how they could have taken that decision and we're currently waiting to get the actual letter saying why. They never asked us for additional information, never have been in contact with us for those few months and it's really sad to know it was denied without even asking for more info from us

While we're waiting to know why we'd really love to have some tips on what we can do next. I really hope thta getting married and asking for K-1 will do the trick but that takes some time.

If you've had any experience with 129F denial we would very much appreciate hearing your story, and if so how did you manage to get around it.

Thanks a lot,

Julien & Leia

[canadian_wife 1,791]

Well, you can't get married and "ask" for a K-1. Married is married and you can't 'ask' for a fiance visa after that.

No asking involved, you petition and then apply for a visa. If you marry it would be a Cr-1 visa

Maybe it is simply procedural, like you used the wrong form or there is information missing. But until you get the actual reason for denial, there is nothing you can do. If the reason for denial is simple, the just correct the mistake and file again

I am sorry

The only other thing I can think of, were both of you free to marry when the petition was SENT?

Good luck

[Andie 147]

Really sorry to hear this. Difficult to add anything without any knowledge of your circumstances.

[HeartOfAllThings 2]

Thanks a lot for the quick reply. I really hope it will be as simple as getting married and petition again. Though we just read that I-129F petition must be sent with strong evidence of being in a relationship? We had no idea but I guess if that is the issue then it's not as much of a big deal as if it were for income or age difference or what not... But on the other hand, if it were for lack of evidence, wouldn't they send us a notice asking for such evidence before making their actual decision? It would seem really harsh to me if they simply brushed our demand off cuz we were miss informed and really intrigues me why they didn't ask for more info - isn't that the standard procedure?

I guess there's no way to tell until we get the official letter... but just to check, did we absolutely need to send proof of relationship along with the 129F?

Thanks again

[canadian_wife 1,791]

http://www.visajourney.com/content/k1guide

Look at the guide, see what is recommended you send in and compare it to what you actually sent it

It was vital you showed primary evidence that you had met in person within the last 2 years...did you do that?

And again, were you both free to marry when the petition was SENT in?

If you marry, you cannot file the I-129F alone. You must follow the guides for a spousal visa

Good luck

[HeartOfAllThings 2]

We had no idea we had to post the I-129F form with proof of relationship and it really shucks it wasn't mentioned *anywhere* on the form and form guideline Neither of us have ever been married.

[Andie 147]

Then sounds like you just haven't supplied supporting information that they need to show it is a bona fide relationship etc. - agree that the form itself doesn't give you full guidelines. If you check the guides on the site here they explain what is required. You will know more when you receive their letter as to the options you have. Again, I'm sorry you have been through all the waiting to get to this point. I hope it all works out for you soon.

Have a look at this link ... sounds similar

http://www.visajourney.com/forums/topic/256528-how-to-reapply-a-denied-k1-visa-china/

Edited June 6, 2011 by Andie

[canadian_wife 1,791]

"Provide copies of evidence that you and your fiance(e) have personally met within the last two years"

It is in the instructions for the I129F, did you send that in?

http://www.uscis.gov/files/form/i-129finstr.pdf

Good luck

[HeartOfAllThings 2]

We didn't send anything else than the actual form, we had no idea. Thanks a lot for pointing that out it's kind of reassuring to know that it's ''only'' because we overlooked the application process, and not something more serious like me not being eligible or what not. That's still to figure out when we receive the letter but now it's pretty obvious why it was denied.

Maybe someone can help us with this: Does anyone know how if once we re-submit the demand with proper evidence, is it going to take roughly the same amount of time for them to reply, or is it going to be quicker? I've only got 4 months and a half left to spend here in the US this year and I really really hope to get this done by then!

Thanks for your support and we'll let you know what the letter says when we receive it.

[canadian_wife 1,791]

Um..no, if you have to refile you will be lumped at the back of the line. There isn't anything 'quicker' about this process

Good luck

[Darnell 8,478]

I blame Canada and the evil influence of poutine imbibing.

However, if you not submit a 'full packet' then it's simple for USCIS to deny the application. Usually, the denial comes about a few days after an adjudicator actually GETS to the casefile. There's a queue, aye? and they just 'read yer stuff' moments ago, it was yer place in the queue.

IMO, if yer still under the 2 year 'meet in person' thingie, by all means, file another I-129F, but this time, prease forrow the VisaJourney.Com K-1 Guide.

Good Luck !

[menina 50]

So your fiance mailed only the I-129F form with nothing else? This was back in February, right? And you were told now in June that your petition has been denied? I have heard of this happening due to lack of supporting evidence, but usually they send the case back immediately marked denied. I am really surprised it took them this long to notify you. If you could update your timeline, that would help us. Did your fiance send a check with the paperwork? Was it cashed? If the problem is simply lack of additional evidence and forms (as outlined in the guides here on VJ), it is simple to fix the problem or at least it should be. You will have to resubmit a whole new packet this time with all of the correct forms and evidence. It will take likely 4-5 months for your petition to be processed and then you will have to wait for NVC to send your file to the appropriate consulate. Depending on your consulate, you will have to wait up to several months for an interview. At that time they will determine your eligibility for a visa. Once you receive the official denial letter, you will have a better idea if refiling will solve the problem. If they denied for some other reason, you will need to address this before you try to refile. Good luck to you!

[baron555 934]

Read the Guides

[mattene 13]

um, you have only 4ish months left on your current visa? aint gonna happen. you need minimum of 9 months-often longer, & thats if it all goes smoothly. as everyone will tell you, read the guides & form examples. it's a helluva lot of work & v.v stressful, but so worth it in the end (:

[Alcheringa 39]

I can't help but reiterate here; Not only did you unfortunately waste a lot of time, but you'll also have to pay again to file the next K-1 petition. Ouch.

As others have said, the guide here literally tells you what to submit. At a minimum, in addition to the standard forms most folks will include:

Passport photos of beneficiary and petitioner

Proof of U.S. citizenship of petitioner

Letters of intent to marry from petitioner and beneficiary

Airline boarding passes and passport stamps from a visit

Photos of the petitioner and beneficiary together

Email correspondence

Lodging receipts

Engagement ring receipt

Etc.

I don't know if you all literally sent only the I-129F, but if you did I'm surprised it took that long to come back as a denial --

Anyway, what doesn't kill you makes you stronger. Now you know, so the only option is to wash, rinse, and repeat.

Good luck.