Denied bec of failed to establish evidence that the two of us have met

[MayaLar 0]

Our petition for K1 visa were denied by USCIS even if my fiance sent an evidence:

- sent a bunch of photographs with detailed descriptions. Not just the places together of where we went but also of us with my family

- Several different Hotel receipt records in different areas of the Philippines . Fiance stayed for two weeks and we did some traveling and Island hopping.

- Provided the airplane tickets from the two of us

- Provided the records of his passport and passport numbers

- Listed the exact time and date of when we were at the U.S. embassy in Manila together. They took a record of his passport and the inside security cameras would also prove that we were there together

They also want more explanation of my previous marriage (Presumptive Death). I was married 10years ago and have never heard from my ex-husband. We only spent 3months together and my ex-husband went home to United Kingdom was abandoned since then.

There's no divorce here in the Philippines and I have read from the requirements of proof of free to marry that the US embassy acknowledge either annulment or presumptive death. My lawyer advise me to file for a presumptive death. This petition has been granted by the judge 2007. All the necessary documents: annotated marriage certificate from National Statistics office with authenticated court decision, certification from the court where decision was granted with judge's signature, certification from local civil registrar, copy of final decision from the court where included in our package.

My fiance got denial letter from USCIS and according to them we have an option to appeal.

What is our chance to be approved and how long will it takes????

Please help.......

Thank you in advance!

[Y's_habibitk 2]

Im sorry this happened, it looks like an odd oversight. It seems you had plenty of evidence.

I hope someone comes along with some experience and advise to share.

Good Luck

Lisa

[almaty 19]

moved to an forum ..where the Op will get more useful information

[MayaLar 0]

Thank you for your comments. My fiance and I are looking on options and we are currently depressed with what happened....

[Ana1988 0]

hey girl,Im sad about the news your posted here:(

did you sent all the requirements that the USCIS asked to your Fiance??

[Dakine 26]

I suggest you apply for a NSO CENOMAR and see what is on it. USCIS doesn't check at the initial stage but it would be good to know if you're free to file.

Have your fiance contact his senator,

Edited February 12, 2009 by Haole

[MayaLar 0]

hey girl,Im sad about the news your posted here:(

did you sent all the requirements that the USCIS asked to your Fiance??

Yes we did....And knowing my fiance he is an organize type of person and usually plan ahead of time...All of those documents and evidence that I posted were submitted. We may be one of the unfortunate that wasn't granted with the petition.... We may not be perfect and may have missed something just so sad that two people who are intimately in love were not given a chance....plus the fact that we have waited 7months and received a denial....

[steveee 0]

Our petition for K1 visa were denied by USCIS even if my fiance sent an evidence:

- sent a bunch of photographs with detailed descriptions. Not just the places together of where we went but also of us with my family

- Several different Hotel receipt records in different areas of the Philippines . Fiance stayed for two weeks and we did some traveling and Island hopping.

- Provided the airplane tickets from the two of us

- Provided the records of his passport and passport numbers

- Listed the exact time and date of when we were at the U.S. embassy in Manila together. They took a record of his passport and the inside security cameras would also prove that we were there together

They also want more explanation of my previous marriage (Presumptive Death). I was married 10years ago and have never heard from my ex-husband. We only spent 3months together and my ex-husband went home to United Kingdom was abandoned since then.

There's no divorce here in the Philippines and I have read from the requirements of proof of free to marry that the US embassy acknowledge either annulment or presumptive death. My lawyer advise me to file for a presumptive death. This petition has been granted by the judge 2007. All the necessary documents: annotated marriage certificate from National Statistics office with authenticated court decision, certification from the court where decision was granted with judge's signature, certification from local civil registrar, copy of final decision from the court where included in our package.

My fiance got denial letter from USCIS and according to them we have an option to appeal.

What is our chance to be approved and how long will it takes????

Please help.......

Thank you in advance!

Im sorry to hear that, what is the reason why she was denied is the petition sent back to US? did you guys presented any papers from NSO? it might be the reason why? if the CO told her to appeal make a letter of appeal right away send it directly to NVC (NVCInquiry@state.gov) see the sample letter attached that i used to my case i wish it would help, good luck!

Case Number: MNL2008xxxxx

Petitioner: xxxx xxxxxxx (birth date)

Beneficiary: xxxxx xxxxxxxxx (birth date)

Phone: xxx-xxx-xxxx

Reference: appeal for K-1 visa refused (attention supervisor)

Dear sir/madam,

(Explain what happen to your case)

Sincerely yours,

Provide Address

and email address as well

[Minya's wife 24]

Our petition for K1 visa were denied by USCIS even if my fiance sent an evidence:

- sent a bunch of photographs with detailed descriptions. Not just the places together of where we went but also of us with my family

- Several different Hotel receipt records in different areas of the Philippines . Fiance stayed for two weeks and we did some traveling and Island hopping.

- Provided the airplane tickets from the two of us

- Provided the records of his passport and passport numbers

- Listed the exact time and date of when we were at the U.S. embassy in Manila together. They took a record of his passport and the inside security cameras would also prove that we were there together

They also want more explanation of my previous marriage (Presumptive Death). I was married 10years ago and have never heard from my ex-husband. We only spent 3months together and my ex-husband went home to United Kingdom was abandoned since then.

There's no divorce here in the Philippines and I have read from the requirements of proof of free to marry that the US embassy acknowledge either annulment or presumptive death. My lawyer advise me to file for a presumptive death. This petition has been granted by the judge 2007. All the necessary documents: annotated marriage certificate from National Statistics office with authenticated court decision, certification from the court where decision was granted with judge's signature, certification from local civil registrar, copy of final decision from the court where included in our package.

My fiance got denial letter from USCIS and according to them we have an option to appeal.

What is our chance to be approved and how long will it takes????

Please help.......

Thank you in advance!

This doesn't make sense....failing to establish the meeting in person is usually grounds for initial denial....not denial after RFE was issued and responded to. Your signature states that you received an RFE, to which you responded, according to your siggy....but now the letter from USCIS saying they've denied you for failing to establish that you two have met? What did your denial letter say exactly.

-P

[MayaLar 0]

Our petition for K1 visa were denied by USCIS even if my fiance sent an evidence:

- sent a bunch of photographs with detailed descriptions. Not just the places together of where we went but also of us with my family

- Several different Hotel receipt records in different areas of the Philippines . Fiance stayed for two weeks and we did some traveling and Island hopping.

- Provided the airplane tickets from the two of us

- Provided the records of his passport and passport numbers

- Listed the exact time and date of when we were at the U.S. embassy in Manila together. They took a record of his passport and the inside security cameras would also prove that we were there together

They also want more explanation of my previous marriage (Presumptive Death). I was married 10years ago and have never heard from my ex-husband. We only spent 3months together and my ex-husband went home to United Kingdom was abandoned since then.

There's no divorce here in the Philippines and I have read from the requirements of proof of free to marry that the US embassy acknowledge either annulment or presumptive death. My lawyer advise me to file for a presumptive death. This petition has been granted by the judge 2007. All the necessary documents: annotated marriage certificate from National Statistics office with authenticated court decision, certification from the court where decision was granted with judge's signature, certification from local civil registrar, copy of final decision from the court where included in our package.

My fiance got denial letter from USCIS and according to them we have an option to appeal.

What is our chance to be approved and how long will it takes????

Please help.......

Thank you in advance!

This doesn't make sense....failing to establish the meeting in person is usually grounds for initial denial....not denial after RFE was issued and responded to. Your signature states that you received an RFE, to which you responded, according to your siggy....but now the letter from USCIS saying they've denied you for failing to establish that you two have met? What did your denial letter say exactly.

-P

I don't have a copy of denial. According to my fiance reason was failed to establish that the two of us have met and an explanation for presumptive death.

Prior to that we even didn't received a hard copy of NOA1 until my fiance followed it up on CSC that's after 5months of waiting. Then he was informed that they sent us an RFE which he didn't received. According to them failed delivery address.....

That was also the time we finally got a case number to check on line. We received RFE December then submitted all the papers. USCIS got it Jan21 then we received notice of denial.....

[emt103c 10]

did you send any pictures? Sometimes those speak volumes. . .pictures of you guys in various meeting times. . .so that hairstyles/age/appearance are different. . .

[Kathryn41 3,205]

USCIS does make mistakes and do lose documents. I would suggest that you appeal the decision and in your request to appeal include the list of documents itemized that were submitted with your application. Now, the other question that comes to mind is that you need to prove you have met within the last 2 years. If your meetings were more than 2 years prior to submitting the application then that would lead to a denial. The solution would be to meet and then immediately refile using the proof of this meeting. If your meeting evidence was within the last two years, then definitely appeal the decision.

Edited February 12, 2009 by Kathryn41

[Y's_habibitk 2]

was the rfe for the "presumptive death" issue? Do you think this played the bigger part, rather than the "not meeting in person"?

[Minya's wife 24]

Our petition for K1 visa were denied by USCIS even if my fiance sent an evidence:

- sent a bunch of photographs with detailed descriptions. Not just the places together of where we went but also of us with my family

- Several different Hotel receipt records in different areas of the Philippines . Fiance stayed for two weeks and we did some traveling and Island hopping.

- Provided the airplane tickets from the two of us

- Provided the records of his passport and passport numbers

- Listed the exact time and date of when we were at the U.S. embassy in Manila together. They took a record of his passport and the inside security cameras would also prove that we were there together

They also want more explanation of my previous marriage (Presumptive Death). I was married 10years ago and have never heard from my ex-husband. We only spent 3months together and my ex-husband went home to United Kingdom was abandoned since then.

There's no divorce here in the Philippines and I have read from the requirements of proof of free to marry that the US embassy acknowledge either annulment or presumptive death. My lawyer advise me to file for a presumptive death. This petition has been granted by the judge 2007. All the necessary documents: annotated marriage certificate from National Statistics office with authenticated court decision, certification from the court where decision was granted with judge's signature, certification from local civil registrar, copy of final decision from the court where included in our package.

My fiance got denial letter from USCIS and according to them we have an option to appeal.

What is our chance to be approved and how long will it takes????

Please help.......

Thank you in advance!

This doesn't make sense....failing to establish the meeting in person is usually grounds for initial denial....not denial after RFE was issued and responded to. Your signature states that you received an RFE, to which you responded, according to your siggy....but now the letter from USCIS saying they've denied you for failing to establish that you two have met? What did your denial letter say exactly.

-P

I don't have a copy of denial. According to my fiance reason was failed to establish that the two of us have met and an explanation for presumptive death.

Prior to that we even didn't received a hard copy of NOA1 until my fiance followed it up on CSC that's after 5months of waiting. Then he was informed that they sent us an RFE which he didn't received. According to them failed delivery address.....

That was also the time we finally got a case number to check on line. We received RFE December then submitted all the papers. USCIS got it Jan21 then we received notice of denial.....

It is the fact that you got an RFE before the denial that is throwing me for a loop. What was the RFE for? Did you respond to all points in the RFE?

Also,why are you seeking to negate your marriage based on presumptive death, and not an annulment? Annulments are granted, which I see from VJ-ers, but I don't know about this presumptive death thing. Does this mean because your ex was declared 'presumably' dead by a PI judge, you are free to marry? But if your ex 'went back home to UK' when he abandoned you, how can a PI judge declare his death...shoudn't it be a UK judge doing that?

-P

[andrew&evelyn 6]

Hmmmmm...it's very odd situation. If the only reason for you guys to be denied it is because you failed to submitt evidence of you two having met in person despite of all the evidence you sent to them...maybe its your time now to ask USCIS how they can explain those pictures of you two being together.

Evelyn