March 2009 k-1 people

[Stephen + Elisha 92]

Linda, as I posted in the other thread, what might be most helpful is if you were to post the FULL TEXT of the denial letter your fiance received (minus the personal/private details, of course). Only by knowing the exact language USCIS used, and the exact options they gave you, can someone give you good and accurate advice.

For example, an appeal and a motion to reconsider or reopen are different things. One would have to look at the denial letter and at what specifically was missing from your initial petition to determine which one (appeal or motion) would be appropriate under the circumstances.

Also, did your fiance make a copy of the entire package he submitted initially? That's the surest way to know what you sent them and, by extension, to determine what's missing.

[Richard-Joanna 1]

Hey everybody! how you doing today?? I need some help guys , do some of you knows a lawyer to see what to do? I have 33 days now 25 to appeal or file again, I know this is not the topic here but you are my family and I need you...

I'm getting crazy!!!

Linda

are you sure you need a lawyer? I read that your denial was because you didn't send enough evidence of meeting with your application. If it was me - I would re-file the entire thing, this time following the guidelines that are posted on this website. There's a checklist to follow to make sure you have all of the correct documents.

Having said that, I interviewed 3 different lawyers before making the decision to do this myself. Sarah May Cross is the one I was most impressed with. I just think, personally, lawyers tend to delay the entire process and if you are careful and thorough, you should be able to do this yourself.

I hope mentioning her name wasn't a violation of TOS.....

Missy, you know what gets me.... assuming we have the correct info... I believe they should have gotten an RFE and as such should be able to use that process... but then... I am not a lawyer nor do I play one on TV

I wouldn't worry about a violation of the TOS... others have done it...

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD <--- filing an appeal....

Will they have to pay again to re-file, just because they may have forgotten to send a few pictures?? Did I understand what's missing correctly?

Thanks everybody for your interest!!!! you make me feel so supported!!!

Well we never recieved any RFE and yes we didn't send any evidence , just the forms, the thing I'm wondering is if they are telling me that my 2 options are appeal or motion, would be a mistake refile? I mean the uscis could take this like a contempt or disrespect for not following the rules and denied it again? cuz if don't we going just to file again...

Sorry again everybody I know this is not the topic here but to me all you are the most supportive and awesome brothers and sister on VJ!!!!

God bless you all always and give you the happiness forever!!!

Linda

Linda, this (IMHO) is the place to talk about it... so it isnt off topic to me... if you want off topic go to the FEB THREAD...

It would be helpful if you could post the EXACT wording in the letter you got from the USCIS...

From what I am reading... there are several motions... I didnt see anything about refiling...

[ThomLin 0]

Hey everybody! how you doing today?? I need some help guys , do some of you knows a lawyer to see what to do? I have 33 days now 25 to appeal or file again, I know this is not the topic here but you are my family and I need you...

I'm getting crazy!!!

Linda

are you sure you need a lawyer? I read that your denial was because you didn't send enough evidence of meeting with your application. If it was me - I would re-file the entire thing, this time following the guidelines that are posted on this website. There's a checklist to follow to make sure you have all of the correct documents.

Having said that, I interviewed 3 different lawyers before making the decision to do this myself. Sarah May Cross is the one I was most impressed with. I just think, personally, lawyers tend to delay the entire process and if you are careful and thorough, you should be able to do this yourself.

I hope mentioning her name wasn't a violation of TOS.....

Missy, you know what gets me.... assuming we have the correct info... I believe they should have gotten an RFE and as such should be able to use that process... but then... I am not a lawyer nor do I play one on TV

I wouldn't worry about a violation of the TOS... others have done it...

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD <--- filing an appeal....

Will they have to pay again to re-file, just because they may have forgotten to send a few pictures?? Did I understand what's missing correctly?

Thanks everybody for your interest!!!! you make me feel so supported!!!

Well we never recieved any RFE and yes we didn't send any evidence , just the forms, the thing I'm wondering is if they are telling me that my 2 options are appeal or motion, would be a mistake refile? I mean the uscis could take this like a contempt or disrespect for not following the rules and denied it again? cuz if don't we going just to file again...

Sorry again everybody I know this is not the topic here but to me all you are the most supportive and awesome brothers and sister on VJ!!!!

God bless you all always and give you the happiness forever!!!

Linda

Linda, this (IMHO) is the place to talk about it... so it isnt off topic to me... if you want off topic go to the FEB THREAD...

It would be helpful if you could post the EXACT wording in the letter you got from the USCIS...

From what I am reading... there are several motions... I didnt see anything about refiling...

Thanks guys!!!! I love you all!!!

Ok there is the hard copy:

[Richard-Joanna 1]

ok... disclaimer... I am NOT an attorney....

and this is certainly only my opinion...

filing a motion to reconsider makes the most sense to me... it $100.00 more... but I would think that it would be faster. And you could certainly request it to be faster... not that they would

[Stephen + Elisha 92]

ok... disclaimer... I am NOT an attorney....

and this is certainly only my opinion...

filing a motion to reconsider makes the most sense to me... it $100.00 more... but I would think that it would be faster. And you could certainly request it to be faster... not that they would

I replied in the other thread, and I am likewise not an attorney and am simply offering my opinion, but I came to the exact opposite conclusion.

They cannot file a motion to reconsider. If you read the instructions on the I-290B, it states that motions and appeals are filed on the same form, but the notice of denial specifies what options are available for appeal and/or reconsideration. In her case, the denial notice only mentions the option of appealing.

Next, as I understand it, in order to successfully appeal, you have to show that the USCIS decision was in error—either an error of law or error of fact. There was no such error in this case. Linda stated that they inadvertently failed to submit evidence of having met in person in the last two years. The laws and regulations cited in the letter clearly state that USCIS may at its discretion deny a petition submitted without initial evidence, and that the burden of proof rests on the petitioner to establish eligibility for a benefit. No error was made—USCIS was within the law to deny the petition, and factually the petition was deficient. Now, if they had submitted evidence and USCIS had lost it, an appeal would be in order. But not in this case, in my opinion.

The denial letter does not state that the petitioner or beneficiary is INELIGIBLE. It merely states that the petition failed to establish eligibility. Rather than arguing that it did and trying to prove USCIS wrong (essentially what an appeal entails), better to save money (definitely) and time (likely) by filing a new, properly supported I-129F.

Once again, just my opinion, but I think my reasoning is sound here.

[Richard-Joanna 1]

ok... disclaimer... I am NOT an attorney....

and this is certainly only my opinion...

filing a motion to reconsider makes the most sense to me... it $100.00 more... but I would think that it would be faster. And you could certainly request it to be faster... not that they would

I replied in the other thread, and I am likewise not an attorney and am simply offering my opinion, but I came to the exact opposite conclusion.

They cannot file a motion to reconsider. If you read the instructions on the I-290B, it states that motions and appeals are filed on the same form, but the notice of denial specifies what options are available for appeal and/or reconsideration. In her case, the denial notice only mentions the option of appealing.

Next, as I understand it, in order to successfully appeal, you have to show that the USCIS decision was in error—either an error of law or error of fact. There was no such error in this case. Linda stated that they inadvertently failed to submit evidence of having met in person in the last two years. The laws and regulations cited in the letter clearly state that USCIS may at its discretion deny a petition submitted without initial evidence, and that the burden of proof rests on the petitioner to establish eligibility for a benefit. No error was made—USCIS was within the law to deny the petition, and factually the petition was deficient. Now, if they had submitted evidence and USCIS had lost it, an appeal would be in order. But not in this case, in my opinion.

The denial letter does not state that the petitioner or beneficiary is INELIGIBLE. It merely states that the petition failed to establish eligibility. Rather than arguing that it did and trying to prove USCIS wrong (essentially what an appeal entails), better to save money (definitely) and time (likely) by filing a new, properly supported I-129F.

Once again, just my opinion, but I think my reasoning is sound here.

I understand your logic... I will have to think a little... as I see the word 'appeal' used as a general term to have the case reexamined... I would also like to find 8 C.F.R. 103.3 - 103.5 and read that as well.

Edited August 13, 2009 by Richard-Joanna

[Stephen + Elisha 92]

Haha, we're doing the same thing... http://law.justia.com/us/cfr/title08/8-1.0.1.2.6.0.1.3.html

It looks like you might be right, Richard... if they submit all their supporting evidence as well as a good cover letter as an explanatory brief, 103.3 says that the official who denied the petition (presumably the guy who signed the denial letter) can treat it as a motion to reopen for the purposes of granting favorable action within 45 days. So, if their evidence is sufficient and well-presented, the appeal might work and be faster than a new I-129F.

I would strongly caution them to make sure that the evidence pertains to the 2 years immediately preceding the original submission of the I-129F. Any meetings in person after the filing of the petition are useless for the purpose of an appeal. So if they have strong evidence (primary and secondary as explained in the K-1 guides) of meeting before, then I might suggest going with the appeal. But if they don't have this evidence, the appeal will be a waste of time and money.

[ThomLin 0]

Haha, we're doing the same thing... http://law.justia.com/us/cfr/title08/8-1.0.1.2.6.0.1.3.html

It looks like you might be right, Richard... if they submit all their supporting evidence as well as a good cover letter as an explanatory brief, 103.3 says that the official who denied the petition (presumably the guy who signed the denial letter) can treat it as a motion to reopen for the purposes of granting favorable action within 45 days. So, if their evidence is sufficient and well-presented, the appeal might work and be faster than a new I-129F.

I would strongly caution them to make sure that the evidence pertains to the 2 years immediately preceding the original submission of the I-129F. Any meetings in person after the filing of the petition are useless for the purpose of an appeal. So if they have strong evidence (primary and secondary as explained in the K-1 guides) of meeting before, then I might suggest going with the appeal. But if they don't have this evidence, the appeal will be a waste of time and money.

I need to tell Thom read all this cuz I don't know a lot of words here and he for sure could understand everything that you guys wrote.. as I understand if we file before have 2 years meting each other is beter refile, but if we file after 2 years to met each other is better a motion...am I right? cuz the first file was before we got the 2 years, actually tomorrow we get the 2 years that we start talking by messenger and 15 days after we met in persone here in Mexico...

[Richard-Joanna 1]

Haha, we're doing the same thing... http://law.justia.com/us/cfr/title08/8-1.0.1.2.6.0.1.3.html

It looks like you might be right, Richard... if they submit all their supporting evidence as well as a good cover letter as an explanatory brief, 103.3 says that the official who denied the petition (presumably the guy who signed the denial letter) can treat it as a motion to reopen for the purposes of granting favorable action within 45 days. So, if their evidence is sufficient and well-presented, the appeal might work and be faster than a new I-129F.

I would strongly caution them to make sure that the evidence pertains to the 2 years immediately preceding the original submission of the I-129F. Any meetings in person after the filing of the petition are useless for the purpose of an appeal. So if they have strong evidence (primary and secondary as explained in the K-1 guides) of meeting before, then I might suggest going with the appeal. But if they don't have this evidence, the appeal will be a waste of time and money.

I need to tell Thom read all this cuz I don't know a lot of words here and he for sure could understand everything that you guys wrote.. as I understand if we file before have 2 years meting each other is beter refile, but if we file after 2 years to met each other is better a motion...am I right? cuz the first file was before we got the 2 years, actually tomorrow we get the 2 years that we start talking by messenger and 15 days after we met in persone here in Mexico...

No, I think you misunderstand...

What we are saying is IF you have ALL the evidence required for a K1, then filing a motion to reopen and reconsider might be your best route to go. Time is of the essence in this matter since you only have 33 days from the date of the letter to submit the motion. It is $100.00 more to do it this way. I would argue in your brief that you file, that you would humbly and respectfully request an expedited process having already waited 5 months and it would have been more appropriate if the USCIS had either A) sent your file back originally or B) Sent you an RFE for evidence. You just might get lucky and have the adjudicator do it quickly...

[Stephen + Elisha 92]

Linda, sorry for speaking legalese!

What I mean is, you filed your I-129F on March X, 2009.

In order to have a chance to successfully appeal your denial, you need to provide evidence that you and Thom met in person within two years prior to filing your petition—in other words, between March X, 2007 and March X, 2009.

If you have strong evidence that can demonstrate such a meeting, you might want to submit an appeal. If you didn't meet in person within that time period, or you don't have strong evidence to demonstrate it, don't waste your time—file a new I-129F or get married in Mexico and file the I-130.

[ThomLin 0]

Linda, sorry for speaking legalese!

What I mean is, you filed your I-129F on March X, 2009.

In order to have a chance to successfully appeal your denial, you need to provide evidence that you and Thom met in person within two years prior to filing your petition—in other words, between March X, 2007 and March X, 2009.

If you have strong evidence that can demonstrate such a meeting, you might want to submit an appeal. If you didn't meet in person within that time period, or you don't have strong evidence to demonstrate it, don't waste your time—file a new I-129F or get married in Mexico and file the I-130.

ok guys Thom is reading all the post about this right now!!!

[katraska78 6]

Hey everybody! how you doing today?? I need some help guys , do some of you knows a lawyer to see what to do? I have 33 days now 25 to appeal or file again, I know this is not the topic here but you are my family and I need you...

I'm getting crazy!!!

Linda

are you sure you need a lawyer? I read that your denial was because you didn't send enough evidence of meeting with your application. If it was me - I would re-file the entire thing, this time following the guidelines that are posted on this website. There's a checklist to follow to make sure you have all of the correct documents.

Having said that, I interviewed 3 different lawyers before making the decision to do this myself. Sarah May Cross is the one I was most impressed with. I just think, personally, lawyers tend to delay the entire process and if you are careful and thorough, you should be able to do this yourself.

I hope mentioning her name wasn't a violation of TOS.....

Missy, you know what gets me.... assuming we have the correct info... I believe they should have gotten an RFE and as such should be able to use that process... but then... I am not a lawyer nor do I play one on TV

I wouldn't worry about a violation of the TOS... others have done it...

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD <--- filing an appeal....

Will they have to pay again to re-file, just because they may have forgotten to send a few pictures?? Did I understand what's missing correctly?

Thanks everybody for your interest!!!! you make me feel so supported!!!

Well we never recieved any RFE and yes we didn't send any evidence , just the forms, the thing I'm wondering is if they are telling me that my 2 options are appeal or motion, would be a mistake refile? I mean the uscis could take this like a contempt or disrespect for not following the rules and denied it again? cuz if don't we going just to file again...

Sorry again everybody I know this is not the topic here but to me all you are the most supportive and awesome brothers and sister on VJ!!!!

God bless you all always and give you the happiness forever!!!

Linda

We filled with w.Ezvisa dot com ask for Lester Hill. I think he can help you.

[mari joe 1]

the most knowlegable person i have come across in vj is pushbrk i would ask him to read the letter uscis gave you and to comment on your situation just my opinion -joe

[Juan&Jacky 0]

WE JUST GOT APPROVED!!!! I STILL CAN'T BELIEVE IT, I KEEP READING IT OVER AND OVER AGAIN AND YESSS WE REALLY DID GET APPROVED!!!

Receipt Number: EACXXXXXXXXXX

Application Type: I129F, PETITION FOR FIANCE(E)

Current Status: Approval notice sent.

On August 13, 2009, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

[mari joe 1]

congratulations! And good luck to you on the rest of your journey