DENIED 129F NO RFE

[Kevmach 2]

We petitioned thru Texas and was forwarded to Vermont in March for my fiance' in NZ and her

After sending the request we discovered we had left the supporting docs out of the package.

I sent a second envelope direct to Vermont and never received a receipt.

July 10th I called to see if the docs had met up with the petition and the officer siad he would have to expedite it to see.

The next day they denied the expedite and sent a letter.

On the 18th the letter arrived and online they posted denial of the I-129F entirely.

Today I called and escalated to a tier two officer who said we would have to wait till the denial letter arrived but that it was probably due to the docs not being located.

He suggested that we should have called as soon as we discovered them missing and he would have sent out an RFE...(We did not know that we could call them at the time.)

He suggested I petition to re open as soon as the letter arrives and send duplicate info.

When I told him that my step daughter was turning 1 Aug 18th and needed to be in USA to qualify for perm status he suggested possibly sending her on a tourist visa.

That seems risky as she could end up here and her mom might have problems with the I-129F.

Has anyone had any experience with a denial without a DOE NOA2 or RFE being sent?

[Inky 1,110]

There have been a few posts from people who were denied out right, the main reasons being they forgot the check payment or they did not include any evidence just the forms. They are denied, the papers returned and they put the check in and send it back or try to re-open it so they don't have to pay again.

Never heard of someone having to be in the USA before turning 1 to qualify for PR status.

[Deputy Purple 1,294]

Your future step daughter turning 1 next month has nothing to do with anything.

[JimVaPhuong 4,863]

Do NOT file a motion to reopen. It costs nearly twice as much as filing a new I-129F, and takes longer to adjudicate. Just file a new I-129F. This time make sure you include all of the required documents and evidence.

When you said your step-daughter was turning "1" was that a typo? First, she isn't your step-daughter yet unless you've already gotten married, in which case you can't file an I-129F. Second, any age except 21 would not be relevant to a K1 petition. How old is your fiancee's daughter?

[Andie 147]

Do NOT file a motion to reopen. It costs nearly twice as much as filing a new I-129F, and takes longer to adjudicate. Just file a new I-129F. This time make sure you include all of the required documents and evidence.

When you said your step-daughter was turning "1" was that a typo? First, she isn't your step-daughter yet unless you've already gotten married, in which case you can't file an I-129F. Second, any age except 21 would not be relevant to a K1 petition. How old is your fiancee's daughter?

I'm the beneficiary... just correcting this... yes it is a typo... she is turning 21. Yes she's not the step daughter but that is just semantics.

[Deputy Purple 1,294]

I'm the beneficiary... just correcting this... yes it is a typo... she is turning 21. Yes she's not the step daughter but that is just semantics.

Even if she comes on a tourist visa she won't be able to stay and adjust status.

[Andie 147]

Even if she comes on a tourist visa she won't be able to stay and adjust status.

It was suggested by the immigration officer at the service centre that she could come in on a tourist visa... why would he suggest this ? why would this not be possible?

[Inky 1,110]

It was suggested by the immigration officer at the service centre that she could come in on a tourist visa... why would he suggest this ? why would this not be possible?

It is illegal and fraud to use VWP or tourist visa to enter the USA and adjust status knowingly.

[Deputy Purple 1,294]

It was suggested by the immigration officer at the service centre that she could come in on a tourist visa... why would he suggest this ? why would this not be possible?

Because Tier 1 is populated with inbred morons who know less about the process than my 4 year old does!

Since you're marrying her mom after her 18th birthday you can't petition her as Immediate Relative.

As LPR her mom can petition her but she can't go out of status and adjust in country.

Once she turns 21 she doesn't qualify for Immediate Relative and will now fall under family preference which means waiting years. Again she can't go out of status and adjust in country.

Am I missing something here?

You had one bite at the apple, K-2 & AOS prior to 21st birthday, you missed it.

Edited July 19, 2011 by Bob 4 Anna

[Jojo92122 1,924]

The K2 can only be issued within one year after the K1 is granted. In addition the K2 can only be issued to a person under 21.

At this point, there is no way that your fiancee's K1 will be granted before her daughter's 21st birthday. Her daughter will not qualify for the K2 visa.

Once your fiancee marries you and becomes a LPR, she can petition for her unmarried daughter. It currently takes about 8 years for an LPR to petition for an unmarried daughter over 21.

[Andie 147]

Because Tier 1 is populated with inbred morons who know less about the process than my 4 year old does!

Since you're marrying her mom after her 18th birthday you can't petition her as Immediate Relative.

**

As LPR her mom can petition her but she can't go out of status and adjust in country.

Once she turns 21 she doesn't qualify for Immediate Relative and will now fall under family preference which means waiting years. Again she can't go out of status and adjust in country.

Am I missing something here?

You had one bite at the apple, K-2 & AOS prior to 21st birthday, you missed it.

I am the beneficiary (mother) and We haven't missed anything yet...Obviously we are not trying to include her as a family member. We are trying to get her included as my minor daughter. We are looking at the option of filing a petition to re open once we get and read the denial letter.

No one is suggesting illegalities... we were worried about her possibly not being in the country by the time she turns 21, When that was mentioned to the Tier 2 immigration officer he said we might want to consider her coming in on a Tourist Visa. We are just wondering why he suggested that.

We are really only interested in positive feedback, not critical retorts.

[Andie 147]

It was also suggested by another Tier 2 Immigration Officer that if we file the petition to re open along with another copy of the original supporting documents the day we receive the letter they can reopen the case using the original I129F filing date and we could still meet the deadline.

[dindo and patty 20]

It was also suggested by another Tier 2 Immigration Officer that if we file the petition to re open along with another copy of the original supporting documents the day we receive the letter they can reopen the case using the original I129F filing date and we could still meet the deadline.

Personally, I wouldn't put a lot of faith on what Tier 2 personnel from USCIS tells you. This is obviously a very important matter.

Please consult a reputable immigration lawyer. Just a suggestion.

[Deputy Purple 1,294]

I am the beneficiary (mother) and We haven't missed anything yet...Obviously we are not trying to include her as a family member. We are trying to get her included as my minor daughter. We are looking at the option of filing a petition to re open once we get and read the denial letter.

No one is suggesting illegalities... we were worried about her possibly not being in the country by the time she turns 21, When that was mentioned to the Tier 2 immigration officer he said we might want to consider her coming in on a Tourist Visa. We are just wondering why he suggested that.

We are really only interested in positive feedback, not critical retorts.

There is no reason to take offense at my comments, I was not being critical of you.

For her to become an LPR nowish she will need more than to simply be in the country before she turns 21. She needs to be here and have filed for AOS. Put simply that isn't going to happen.

I was critical of the USCIS Misinformation line and the drivel they fed you.

I'll repeat what I said:

If she arrives in the US before her 21st birthday...

Your US Citizen Husband can't petition for her because he married you after her 18th birthday.

You can petition her but since you are an LPR she will be in a family preference category and no immediate Visa number is available so she will have to wait years for a Visa number. While waiting she can't simply overstay her visa because the overstay would actually make her inadmissible and bar her AOS.

By the time you become a US Citizen, she will be over 21 and again subject to a family preference category.

If by positive feedback only you mean you want someone to tell you that you can get her here before her 21st birthday and then get her LPR status then no honest VJ member will give you that.

Even if you were able to get an expedite (which I can't imagine for this reason) getting from initial petition approval through the NVC to Consulate processing in 4 weeks is simply physically impossible.

Edited July 19, 2011 by Bob 4 Anna

[pushbrk 12,145]

Even if you were able to get an expedite (which I can't imagine for this reason) getting from initial petition approval through the NVC to Consulate processing in 4 weeks is simply physically impossible.

Correct. USCIS certainly will expedite in age-out situations but only when it is possible to actually accomplish what needs to happen. That's not the case here. The improperly filed petition and the calendar have doomed the K2 visa chances for the OP's daughter.