Decison denial (merged)

[raven52 233]

Something is seriously not being said, as none of this makes sense. My personal opinion is you did a very poor job of your documentation.

!. Boarding, passes, not tickets..,,.

2. Hotel receipts.

3. Credit card expenses while visiting

4. Multiple pictures, who, what, when, where!!! Dated!

5. Any divorces decrees, ""certified"""

6. Proof of income.

All you need to do is follow what is on this site, but just """"to me""""..,.,,. you did a very poor job submitting a 129F.,.,.,. I used a visa company in the Philippines.,.,.,no problems with documentation..,.,and just a few hundred dolllars and they do it all! BUT, YOU, have to give them the information!

[lonelywithouthim1 36]

OP - I know how you feel, I'm so sorry for this and my condolences on your loss. It seems with everyones help you have discovered the problem and if that is true, just breath give yourself a minute and start again. It is not the end of the world, what's done is done. I was in AP and later my petition was return to USCIS. I wasted my time fighting it because it was their mistake but they let it sit until it expired. If I had to do it again, I would not have wasted almost a year on it. Again, I'm sorry and please take care of yourself.

[Jeanna 21]

We were denied the first time around and I consulted a lawyer. She told us it's more expensive and takes more time to file an appeal. Right now I-129Fs have been getting NOA2s in about 3 months time. I am sorry this happened but they are very picky and the fault does seem to be yours. We were denied for the same reason and we just had to suck it up, refile, and now my fiance is coming here...

TODAY!!!!!!!

So there is light at the end of the tunnel, for the patient and persevering. Refile quickly and completely is my advice!

[Bridget ~ Steven 3]

If it helps, it looks like they're processing NOA2s a LOT faster now. We were also part of the VSC bedbug/transfer to Texas mess (2nd batch transferred) and it sucked.. but lots of new filers are zipping through the system!

[David & Diana R 1,005]

My fiancé filed June 2012 we received NOA1 exactly one month later and I do agree I think we may have been a few days out which is something we discussed after it was filed. I would rather appeal than reapply the process is so long and drawn out

If you were a few days out you were not eligible to file. It's that simple. You are not entitled to appeal if the error was yours. The two year meeting is not flexible. Sorry you are going thru this and sorry for the loss of your family member.

God Bless

Aloha Ke Akua

[Wendy71 26]

If it helps, it looks like they're processing NOA2s a LOT faster now. We were also part of the VSC bedbug/transfer to Texas mess (2nd batch transferred) and it sucked.. but lots of new filers are zipping through the system!

I see the NOA2s are being processed quicker, I guess we wont be under VSC this time round either picking it will be Texas. I'm assuming that its our dates that are wrong my fiancé hasn't received the denial letter yet it was only mailed out to him one day ago, bonus for us is I have just come home from being over there for 45 days with him.

[SparklePony 238]

Recent applications are being sent to either Texas Service Center or California Service Center. They're both processing petitions pretty quickly at the moment.

[Wendy71 26]

If that is the reason (that you had not met exactly within the previous two years, but a few days more) -- then in fact there is no justification for you to appeal on. The error was yours: you did not meet the criteria for filing. Appeals only work when it is an error on USCIS part, not yours.

I'm not trying to criticize, just trying to save you time and money and frustration: if your denial notice does say that you did not meet in the two years prior to filing, then you really can't hope for an appeal, since that is true and USCIS is in the right. Your best choice is to meet now and file again.

I have just come back from a holiday with him was there for 45 days we have talked today on the phone the letter of denial still has not arrived in the mail, we have decided that if the error is we did not meet the criteria for filing we will re file

[*Snowdrop* 604]

I have just come back from a holiday with him was there for 45 days we have talked today on the phone the letter of denial still has not arrived in the mail, we have decided that if the error is we did not meet the criteria for filing we will re file

Start gathering all your evidence of meeting on that trip, and start getting all the forms ready now. Then you'll be ready to send it straight away.

If this is the reason, it's such a shame it wasn't clearer on the RFE, then you would not have had to wait this long.

Best of luck with the new application

[Wendy71 26]

Start gathering all your evidence of meeting on that trip, and start getting all the forms ready now. Then you'll be ready to send it straight away.

If this is the reason, it's such a shame it wasn't clearer on the RFE, then you would not have had to wait this long.

Best of luck with the new application

Thank you Lynne I see it as a lesson learnt and told my fiancé on the phone earlier this time we will be double checking and making sure nothing is left out, i'm just so glad we have had some time together recently or this would have made our time apart longer and harder for both. I also believe things happen for a reason and with my Dad passing my Mum needs me around right now

[Wendy71 26]

Our letter of denial arrived in the mail a few days ago according to them the further evidence they requested back in August that he posted back was sent to the wrong mailing address and was not received, so the denial has come under the section of not enough material evidence of our relationship. We can appeal and have 33 days to do so however we have discussed that it may be better if we just refile a new petition as I have read an appeal can take longer, we based this last petition on our meeting back in June 2009 and I did think that maybe our denial was due to us filing june 2010 but it seems not. I have just recently made a trip to see him again in October so my question is when we refile do we show evidence of my trip this year and in 2009?

[KayDeeCee 4,893]

I would just refile. It is cheaper anyway and since you sent the RFE response to the wrong address, I am not sure there is really anything to appeal. Yes, you will need to include evidence of your recent meeting in order to meet the requirement of having met face-to-face within the 2 years prior to filing. You can send copies of the visit from 2009 too, if you wish.

[Hypnos 6,576]

The mistake was yours, not USCIS', so an appeal has no chance of success.

Just re-file and use all of your evidence. If anything you now have more evidence than you did before, which should make things easier.

[Wendy71 26]

I have pics from 2009 visit and a copy of my flight itinerary, do we have to wait so many weeks to refile or can we go straight ahead and do it. Also will he need to send a copy of the denial letter back with the new petition, sorry for the questions I just don't want to leave any stone unturned this time

[Hypnos 6,576]

No, you don't need to include anything from the first petition in the second, although it may ask if you have petitioned someone before and you must answer correctly.