129f denied

[tonetzky18 1]

Hi All,

Sad to say we got denied due to mistake of my fiance ,USCIS asked my fiance to send the original divorced decree of him and his first wife,but unfortunately maybe due to too much excitement,the day he got the rfe letter,he have sent his divorced decree with his second wife instead of the first wife. Can you pls. tell me which is much better: to refile or appeal to reopen. Thanks!

[me@hubby 4]

Hi All,

Sad to say we got denied due to mistake of my fiance ,USCIS asked my fiance to send the original divorced decree of him and his first wife,but unfortunately maybe due to too much excitement,the day he got the rfe letter,he have sent his divorced decree with his second wife instead of the first wife. Can you pls. tell me which is much better: to refile or appeal to reopen. Thanks!

awww sorry hear that...thats really sad and i cant give you good advice,but maybe you can call uscis regarding this thing..you never know they can give you choices that you can do..

[Kengux 3]

Contact the embassy in Manila by email and tell them you're ready to forward the divorce decree of his first wife to them and wait for their response.

Do that asap!

Contact the embassy in Manila by email and tell them you're ready to forward the divorce decree of his first wife to them and wait for their response.

Do that asap!

[tonetzky18 1]

Thanks! I am really confuse right now,my fiance wants to appeal to re open the case and he will send the right divorced decree that USCIS needs,but i heard to refile is much faster than to appeal

[gretchen_darren 67]

Unfortunately, he needs to appeal. In his case, re-filing will only waste money and time. Because USCIS will look at the denied I-129f and re-open that application anyway, then have to process the appeal. Re-filing will take a longer time. But the best way to overcome any issues is to appeal with the reasons for denial explained and attached. Recommend he send all divorce decrees certified from the court plus anything else to show relationship (any travel documents since filing, photos, receipts, money sent) with the appeal as well as a motorized statement as to why the RFE was not answered properly.

Best of luck to you.

[dindo and patty 20]

Here is thread recently talking about re-filing vs appealing

http://www.visajourn...ed-129f-no-rfe/

I would re-file if I were in your place. Filing for I-290B, Notice of Appeal or Motion about your case is a waste of time (and money). The purpose of form I-290B, Notice of Appeal or Motion is to notify USCIS that you are filing a motion to reopen or reconsider their decision or you are appealing an adverse decision regarding your case. Your I-129F Petition for a K1 Visa was denied because it lacks supporting documentation, specifically, the divorce decree they were asking for. You can abandon your old petition and start again. You could file a new I-129F Petition for a K1 Visa but this time, provide all required documents. Filing for the I-290B will cost $630.00 and it takes awhile according to the thread discussion.

Good luck!

Edited July 23, 2011 by dindo and patty

[southcalhog 43]

Here is thread recently talking about re-filing vs appealing

http://www.visajourn...ed-129f-no-rfe/

I would re-file if I were in your place. Filing for I-290B, Notice of Appeal or Motion about your case is a waste of time (and money). The purpose of form I-290B, Notice of Appeal or Motion is to notify USCIS that you are filing a motion to reopen or reconsider their decision or you are appealing an adverse decision regarding your case. Your I-129F Petition for a K1 Visa was denied because it lacks supporting documentation, specifically, the divorce decree they were asking for. You can abandon your old petition and start again. You could file a new I-129F Petition for a K1 Visa but this time, provide all required documents. Filing for the I-290B will cost $630.00 and it takes awhile according to the thread discussion.

Good luck!

I agree with Dindo amd patty, In my Opinion apppealing is a waste of time and Money! what you are doing is to ask them to look at their OWN decision. You are Appealing to the same people that made the decision in the first place Basically. I would just re-file, I think it would be quicker? whatever you decide to do "GOOD LUCK" to You both!!!:thumbs:

[southcalhog 43]

Unfortunately, he needs to appeal. In his case, re-filing will only waste money and time. Because USCIS will look at the denied I-129f and re-open that application anyway, then have to process the appeal. Re-filing will take a longer time. But the best way to overcome any issues is to appeal with the reasons for denial explained and attached. Recommend he send all divorce decrees certified from the court plus anything else to show relationship (any travel documents since filing, photos, receipts, money sent) with the appeal as well as a motorized statement as to why the RFE was not answered properly.

Best of luck to you.

I Respectfully disagree with that Opinion!

[bigdog 376]

Hi All,

Sad to say we got denied due to mistake of my fiance ,USCIS asked my fiance to send the original divorced decree of him and his first wife,but unfortunately maybe due to too much excitement,the day he got the rfe letter,he have sent his divorced decree with his second wife instead of the first wife. Can you pls. tell me which is much better: to refile or appeal to reopen. Thanks!

[bigdog 376]

If you got a RFE and not a denial, send back the correct document and you should be fine. We did similar but on dissolution agreement vs divorce decree for my wife (attorney was dumb). Send letter to embassy or call USCIS for best action, It takes time and effort to keep this all straight, but faster in the long run..

[tonetzky18 1]

Thanks Everyone! I am very sad i can't stop my fiance to appeal motion to reopen,i can't convince him to refile Has any one here experienced that? How long does it take?

[dragonlover 6]

Just file a new application, which is not a problem and a good option. Appeal or reopen will cost you $630 while sending new application is just the $340...okidokis? goodluck!

[tonetzky18 1]

Thanks Everyone! I really appreciate all your anwers! Now that i couldnt convinced my fiance to refile, i am just asking if anyone here experienced or had an appeal or motion to re open case.How long it does it take? Thanks again

[tonetzky18 1]

This seems a bit curt.? You're one of the wisest members, please explain.

it's ok,all i care for are those who are very nice giving their answers and suggestions! I just hope i could fine someone here who had been on my situation i mean who had gone through appeal or motion to re open Thanks for those who are very nice! Godbless

Edited July 24, 2011 by tonetzky18

[Kathryn41 3,205]

An inappropriate post along with those quoting it have been removed. Acceptable parts of the removed quoting posts have been returned to the thread below.

May I remind everyone that Visa Journey is an experiential forum where we do our best to support those who are going through their own immigration journeys and coming up against unexpected challenges. If you have nothing constructive to add to the discussion, then it is better if you do not participate in this discussion. It is inappropriate to suggest someone leave Visa Journey because of the problem they have encountered, regardless of the origin of the problem.

I mean i am just asking if anyone here had experienced to appeal.

Sure - first of all, it's on the head of the USCitizen to file a complete petition.

He didn't do that, he messed it up the first time, messed it up the 2nd time with the RFE submittal also.

Filing an appeal takes time, and does it really present the opportunity to clearly state, "Sorry, I messed up this petition, not submit everything I was supposed to, was some mistake, please try to re-adjudicate based on current casefile plus the things I send you" ??

The petition was denied at USCIS because of submittal error by the USCitizen, not by procedural error by USCIS. USCIS did their job. There is no adverse reality on the USCitizen for this denial, at this level, at USCIS.

Refiling, on the other hand, is a better track to take, IMO.

This gives the USCitizen an opportunity to make a complete petition file. Will it force the opening of the prior case? Absolutely !! IMO, then, and only then, will the submittal errors be compared by an adjudicator, and the adjudicator will see that the USCitizen plainly flubbed up the first time; not to conceal or hide anything, resulting in any misrepresentation, but (in a straightforward manner) he put together a complete file, one that will have a positive outcome. Please not think 'it was denied once, it will be denied again' as the USCitizen petitioner flubbed up the first petition - he has a unique chance NOW to submit a complete petition.

IMO, to file an appeal will be a waste of time and money - a new, complete petition is the right track to take.

Edited July 24, 2011 by Kathryn41