Denial Notice Sent (K1)

[Stephen + Elisha 92]

Linda, you might want to look at my latest post in the March 2009 VSC thread. If you guys have strong evidence (primary and secondary—see the VisaJourney K-1 Guide for info) of having met in person in the 2 years prior to your original I-129F submission, the appeal might be faster: they can treat the appeal as a motion to reopen in order to grant favorable action within 45 days.

Also, you might want to try posting about this in the K-1 Fiance(e) Visa Process & Procedures forum or ask the moderators to move this thread there. You might find people there who have specific experience with this kind of thing.

[MayaLar 0]

Hi Linda!

We were both denied for the same reason which is we failed to established evidence of meeting within 2years.

It seems that it's really strange that they denied you at once even without sending you guys any RFE or additional evidence. In our case, we did received an RFE and have submitted the necessary documents requested from us and my fiance thought would suffice them but it didn't. So then we were given an option to appeal but it seems that it's a slower action because up to now we are still awaiting for the decision. As like other's have mentioned on your posts, it seems that it's better to re-file as it moves a little bit faster aside from the fact that there is a specific timeline. My fiance have followed it up a couple of times in an office in Seattle that an appeal usually takes 6-12months for a decision to be granted. Currently we were advised that our appeal is pending at CSC and will be notified once decision is granted. Running on 6months by August28. We were both frustrated as we are still hanging and confuse if it will soon or not. We should be getting some good news soon...

I suggests you may re-file the petition and make each step better and correct the mistakes this time around. You may also seek assistance from a lawyer to have guidance as well....

[ThomLin 0]

Hi everyone!

We decided refile, the truth is we don't have money to hire a lawyer, we going to do this for our self, In the form I-129F there's the question number 11 "have you ever filed for this or any other alien fiance or husband/wife before?.....do we have answer yes or just no like if were the first time we are filing this?

If someone can help me with this I will really apreciate it !!!

take care friends!!!

Linda

[Jauque 1]

number 11 "have you ever filed for this or any other alien fiance or husband/wife before?

You must answer yes to this question. If memory serves me correctly theres also a question regarding having been denied, you must answer yes to that as well, it wouldn't hurt to also include your denial letter as a seperate sheet as supporting evidence for question 11.

[ThomLin 0]

number 11 "have you ever filed for this or any other alien fiance or husband/wife before?

You must answer yes to this question. If memory serves me correctly theres also a question regarding having been denied, you must answer yes to that as well, it wouldn't hurt to also include your denial letter as a seperate sheet as supporting evidence for question 11.

I'm afraid that if we say yes they denie me the visa again...I don't know what to do

Linda

[SnoopyTN 0]

Hi. You mentioned that you met 2 years ago on August 14th. I wonder if the problem is that you submitted your forms prior to August 14th. Even though they didn't review it until around that date, maybe they go by the submission date. Since it was less than 2 years, they may have automatically denied it. Since you are now past the 2 year mark, maybe you won't have any problems.

I wish you all the best!

Kim

Edited August 18, 2009 by SnoopyTN

[Jamaican JNR 2]

Hi everybody! I just received yesterday the denial for the NOA2, we still don't know why was the reason, we have to wait to get the letter explaining the reasons, but someone knows why could be the denial? because I don't get it, we both are singles, never married, next 14th august we get 2 years of know each other, we have pictures, timestamps in his passport, videos, phone calls, emails...

why the heck they denied our NOA2? or K1? I'm just so sad, and confused I don't know what to do because I'm not there.

I have been thinking seriously cross the border....

It sucks that u love someone and u can't be with your loved one....

Can someone help me? do we have hire a lawyer? have someone got a denial? and what you did? what were your options?

Thanks for take time to read and answer...

Best regards!

ThomLin

Sorry about your denial notice. There is something that cause them to arrive at that decision however.

[Stephen + Elisha 92]

Hi. You mentioned that you met 2 years ago on August 14th. I wonder if the problem is that you submitted your forms prior to August 14th. Even though they didn't review it until around that date, maybe they go by the submission date. Since it was less than 2 years, they may have automatically denied it. Since you are now past the 2 year mark, maybe you won't have any problems.

I wish you all the best!

Kim

You're misinterpreting the 2 year requirement. There's no requirement that the couple has known each other for more than 2 years. The requirement is that the couple has met in person within 2 years preceding the filing of the I-129F. So, for example, if you filed the I-129F today, 18 August 2009, you would have to submit evidence that you had seen each other in person at least once between 18 August 2007 and 18 August 2009.

Hi everybody! I just received yesterday the denial for the NOA2, we still don't know why was the reason, we have to wait to get the letter explaining the reasons, but someone knows why could be the denial? because I don't get it, we both are singles, never married, next 14th august we get 2 years of know each other, we have pictures, timestamps in his passport, videos, phone calls, emails...

why the heck they denied our NOA2? or K1? I'm just so sad, and confused I don't know what to do because I'm not there.

I have been thinking seriously cross the border....

It sucks that u love someone and u can't be with your loved one....

Can someone help me? do we have hire a lawyer? have someone got a denial? and what you did? what were your options?

Thanks for take time to read and answer...

Best regards!

ThomLin

Sorry about your denial notice. There is something that cause them to arrive at that decision however.

They received the denial notice hard copy—in fact, Linda posted scans of it—and the reason for denial was that they misunderstood the (very confusing) I-129F instructions and failed to include evidence of having met in person in the last 2 years. Try reading the rest of the thread next time.

[SnoopyTN 0]

Hi. Actually I did read the original thread. I apparently misuderstood when they said August 14th would be two years from when they met. I thought you had to prove you met two years ago before you could apply for the K!-Visa.

I'm sorry about that. I signed up as a member today, because I was just trying to help.

Take care,

Kim

[Stephen + Elisha 92]

Hi. Actually I did read the original thread. I apparently misuderstood when they said August 14th would be two years from when they met. I thought you had to prove you met two years ago before you could apply for the K!-Visa.

I'm sorry about that. I signed up as a member today, because I was just trying to help.

Take care,

Kim

Sorry Kim, my snarky "try reading the rest of the thread" was directed at the second poster I quoted, not you. Wasn't trying to be a jerk to you.

[ScottThuy 140]

Hi. You mentioned that you met 2 years ago on August 14th. I wonder if the problem is that you submitted your forms prior to August 14th. Even though they didn't review it until around that date, maybe they go by the submission date. Since it was less than 2 years, they may have automatically denied it. Since you are now past the 2 year mark, maybe you won't have any problems.

I wish you all the best!

Kim

Read through some of the decisions in the USCIS site regarding denials.. it is fairly common for them to deny based on not having met in person within 2 years of application, but there was proof of meeting after the application as well as before the 2 year period.. they hold it to the letter ....must have proof of meeting within 2 years of application else a waiver is required and seldom approved...

resub and say yes tha there was prior app and show proof this go...

Hi. You mentioned that you met 2 years ago on August 14th. I wonder if the problem is that you submitted your forms prior to August 14th. Even though they didn't review it until around that date, maybe they go by the submission date. Since it was less than 2 years, they may have automatically denied it. Since you are now past the 2 year mark, maybe you won't have any problems.

I wish you all the best!

Kim

Read through some of the decisions in the USCIS site regarding denials.. it is fairly common for them to deny based on not having met in person within 2 years of application, but there was proof of meeting after the application as well as before the 2 year period.. they hold it to the letter ....must have proof of meeting within 2 years of application else a waiver is required and seldom approved...

resub and say yes tha there was prior app and show proof this go...

[Stephen + Elisha 92]

Linda, did you and Thom see each other in person between March X, 2007 and March X, 2009 ("X" representing the exact day in March 2009 when you filed your I-129F)?

If you did NOT see each other in person during that 2- year period—or do not have primary evidence to prove it (see the VisaJourney K-1 guide)—an appeal is not an option. You must refile. Answer "yes" on #11 on your new petition, and attach a supplemental sheet with the pertinent dates and reason for denial. A previous denial for lack of evidence should not prejudice a new filing in any way, as long as you provide plenty of evidence in your new petition.

If you DID see each other during the aforementioned 2-year period AND have evidence to prove it, you can appeal or refile. The appeal will be more expensive, but MAY (or may not!) be faster. People who've been in the same position can offer far better advice in this regard.

[ThomLin 0]

Hey guys!! Thanks for all your comments and take the time to be here.

I wanna share with you this information that a friend told me yesterday:

"What you may not know & they dont tell you is you can file a " motion to reconsider". The fee for this is zero.

A motion is simply a letter explaining you are asking them to look at the case again because you left out some important evidence that would effect the decision they made in the case. Attach to the letter a copy of the denial. Send copies of all evidence you should have, would have sent before. Make sure that info has your case number & his SS number on it."

What you think?

Have a great today my VJ family!!!

Tomorrow Thom is coming to Mexico!!!!

Linda

[ThomLin 0]

Linda, did you and Thom see each other in person between March X, 2007 and March X, 2009 ("X" representing the exact day in March 2009 when you filed your I-129F)?

If you did NOT see each other in person during that 2- year period—or do not have primary evidence to prove it (see the VisaJourney K-1 guide)—an appeal is not an option. You must refile. Answer "yes" on #11 on your new petition, and attach a supplemental sheet with the pertinent dates and reason for denial. A previous denial for lack of evidence should not prejudice a new filing in any way, as long as you provide plenty of evidence in your new petition.

If you DID see each other during the aforementioned 2-year period AND have evidence to prove it, you can appeal or refile. The appeal will be more expensive, but MAY (or may not!) be faster. People who've been in the same position can offer far better advice in this regard.

We start our relationship talking by messenger August 14th and we met in person in September 7th, since that day Thom start visiting me, we talk almost all days by phone, skype or messenger till today.. we have a lot of pictures together, with my babgygirl, with my family, I even talk with his mom by phone, we have videos about he have been here in my home and some other places we had visiting, a few museums tickets and air plane records, bank account records about the pay in some hotels we stayed, restaurants, his time stamps in his passport... I don't know what else I need....

This friend told me this about the motion:

What you may not know & they dont tell you is you can file a " motion to reconsider". The fee for this is zero.

A motion is simply a letter explaining you are asking them to look at the case again because you left out some important evidence that would effect the decision they made in the case. Attach to the letter a copy of the denial. Send copies of all evidence you should have, would have sent before. Make sure that info has your case number & his SS number on it.

Stephen and Elisha I have to tell you that you are a light in this dark walk...Thank you!!

Linda

Edited August 18, 2009 by ThomLin

[SnoopyTN 0]

Hi. Actually I did read the original thread. I apparently misuderstood when they said August 14th would be two years from when they met. I thought you had to prove you met two years ago before you could apply for the K!-Visa.

I'm sorry about that. I signed up as a member today, because I was just trying to help.

Take care,

Kim

Sorry Kim, my snarky "try reading the rest of the thread" was directed at the second poster I quoted, not you. Wasn't trying to be a jerk to you.

Thanks. LOL....I minsunderstood who you were talking to.

Have a great day!

Kim