Refile K1

[Usui Takumi 1,562]

...and cheaper to refile.

[Stephen + Elisha 92]

Linda, the 2 year requirement does not refer to how long you have known each other. You are not required to know each other for two years before filing an I-129F petition.

Rather, the requirement is that you have seen each other in person within 2 years OR LESS of filing the petition. You filed in March 2009, so in order to meet the requirement, you must be able to prove that you were together in person at some point between March 2007 and March 2009. From your posts elsewhere, it sounds as though you should have no trouble meeting this requirement.

From here, the decision depends largely on how much of a gamble you're willing to take. Consider the following:

• An appeal WILL certainly cost more than a refiled I-129F (unless they accept a request for a fee waiver, which is yet another variable).
• The appeal MAY be faster than a new I-129F—the pertinent federal regulations (8 C.F.R. 103.3 - 103.5) say that the officer who denied your petition can consider the appeal as a motion to reconsider for the purpose of favorable action within 45 days.
  • IF it's accepted immediately under this rule, you could be looking at less than 2 months vs. 5 months (average) for a new I-129F.
  • BUT if it's NOT accepted, you could end up in a lengthy appeals process that may well end in another denial.

In short, the appeal has the potential (but no guarantee) of being the quickest option; the refiled petition is the cheapest and most secure option, in my opinion.

[SnoopyTN 0]

I, too, misunderstood the two year rule. Wow, all this time I thought you had to have met at least two years before filing, but I was wrong. ThomLin, I may have confused you yesterday with my message. Luckily it sounds like you are getting some good advice from many fellow Visa Journey friends.

Good luck!

[ThomLin 0]

Hey my beautiful family!!! Good morning!!! How are everybody? I hope ya'll be fine..

Well I back from my vacations saturday afternoon with my baby girl and Thom, we spend a great time there, after 5 months with out see him for both of us was really amazing be together again... the worse part is when you realize your love have to back and you will keep in your place with out the presence of the person you love.

Huatulco is beautiful I really recomended go there guys.

Yesterday was the last day of Thom here in Mexico and in my home, now I'm wondering how long is gonna take to see each other again... Is amazing can feel his arms hugging me, yesterday when I let him in the Airport and we say good bye I got this horrible feeling of sadness...

Today is a new day and I back to the reality, life goes on, so I'm starting living my life as the usual...missing him and he is like me...

After all this drama...lol... I wanted say hi guys and tell you I hope you all get finally your NOA2 (Richard, Degard, Stephen...my beautiful and amazing friends) all you guys of my VJ family, I'll be praying and crossing my fingers to see you happy Brothers and Sisters...

I'm still on the journey, this week we going to send the papers, this last weekend we got together all our evidence, we going to make the motion and wait for indications of the USCIS... if they still say we have to appeal, if they say our option is appeal then we going to refile... any way...

Love you guys!

Linda

[Ernesto y Yadira 0]

Let me get this clear....

The reason you were denied.....because you did not send them evidence???? you said.......that only the forms were sent?

[ThomLin 0]

Let me get this clear....

The reason you were denied.....because you did not send them evidence???? you said.......that only the forms were sent?

That's right, Thom thought the forms were all what he had to send, w never check about the letter, the evidence, etc...

I'm sharing this to no one else make the same mistake like us... It sucks to be waiting a lot of time and then just get a denial because that means more time, more money, more frustration...is just horrible!

I'm so tired and sad...

Linda

[pushbrk 13,166]

Let me get this clear....

The reason you were denied.....because you did not send them evidence???? you said.......that only the forms were sent?

That's right, Thom thought the forms were all what he had to send, w never check about the letter, the evidence, etc...

I'm sharing this to no one else make the same mistake like us... It sucks to be waiting a lot of time and then just get a denial because that means more time, more money, more frustration...is just horrible!

I'm so tired and sad...

Linda

They didn't send evidence of having met in person during the past two years. Then, they didn't respond in time to the request for the missing evidence. The combination results in a denial. It's more efficient to simply refile with the necessary evidence.

It's not clear to me whether the lack of evidence was an oversight or that they actually had not been together in person within the two years prior to filing the petition, but the result is the same either way.

[ThomLin 0]

Let me get this clear....

The reason you were denied.....because you did not send them evidence???? you said.......that only the forms were sent?

That's right, Thom thought the forms were all what he had to send, w never check about the letter, the evidence, etc...

I'm sharing this to no one else make the same mistake like us... It sucks to be waiting a lot of time and then just get a denial because that means more time, more money, more frustration...is just horrible!

I'm so tired and sad...

Linda

They didn't send evidence of having met in person during the past two years. Then, they didn't respond in time to the request for the missing evidence. The combination results in a denial. It's more efficient to simply refile with the necessary evidence.

It's not clear to me whether the lack of evidence was an oversight or that they actually had not been together in person within the two years prior to filing the petition, but the result is the same either way.

Good afternoon Mr. Pushbrk!

Well about we didn't respond in time to the RFE is because we never got any request, just the email about the NO1, the 3 touches before the denial and the denial email... that's all we got...

Thom and I we have been together since September 7th 2007 till now, last time we were together was this last August 19th-23th, we have a lot of evidence, we made a big mistake because we didn't investigate before sent the papers what we needed... Thom just sent the forms... yea big mistake!!! and trust me I'm paying for that...

Thanks for your opinion, I apreciate it for take the time to be here sharing what you think.

Linda

[pushbrk 13,166]

Let me get this clear....

The reason you were denied.....because you did not send them evidence???? you said.......that only the forms were sent?

That's right, Thom thought the forms were all what he had to send, w never check about the letter, the evidence, etc...

I'm sharing this to no one else make the same mistake like us... It sucks to be waiting a lot of time and then just get a denial because that means more time, more money, more frustration...is just horrible!

I'm so tired and sad...

Linda

They didn't send evidence of having met in person during the past two years. Then, they didn't respond in time to the request for the missing evidence. The combination results in a denial. It's more efficient to simply refile with the necessary evidence.

It's not clear to me whether the lack of evidence was an oversight or that they actually had not been together in person within the two years prior to filing the petition, but the result is the same either way.

Good afternoon Mr. Pushbrk!

Well about we didn't respond in time to the RFE is because we never got any request, just the email about the NO1, the 3 touches before the denial and the denial email... that's all we got...

Thom and I we have been together since September 7th 2007 till now, last time we were together was this last August 19th-23th, we have a lot of evidence, we made a big mistake because we didn't investigate before sent the papers what we needed... Thom just sent the forms... yea big mistake!!! and trust me I'm paying for that...

Thanks for your opinion, I apreciate it for take the time to be here sharing what you think.

Linda

It's unfortunate you didn't receive the RFE. Nevertheless, the reason for the denial was the lack of response. Whether you had the opportunity to do so or not, is a separate issue. You still have not stated directly that you were together in person during the two years prior to filing the denied petition. "Been together" has multiple meanings. "Met in person" has one meaning in this context.

I don't mean to be pedantic here but there is a precise requirement, and you haven't addressed in with equally precise language.

[pushbrk 13,166]

Let me get this clear....

The reason you were denied.....because you did not send them evidence???? you said.......that only the forms were sent?

That's right, Thom thought the forms were all what he had to send, w never check about the letter, the evidence, etc...

I'm sharing this to no one else make the same mistake like us... It sucks to be waiting a lot of time and then just get a denial because that means more time, more money, more frustration...is just horrible!

I'm so tired and sad...

Linda

They didn't send evidence of having met in person during the past two years. Then, they didn't respond in time to the request for the missing evidence. The combination results in a denial. It's more efficient to simply refile with the necessary evidence.

It's not clear to me whether the lack of evidence was an oversight or that they actually had not been together in person within the two years prior to filing the petition, but the result is the same either way.

Good afternoon Mr. Pushbrk!

Well about we didn't respond in time to the RFE is because we never got any request, just the email about the NO1, the 3 touches before the denial and the denial email... that's all we got...

Thom and I we have been together since September 7th 2007 till now, last time we were together was this last August 19th-23th, we have a lot of evidence, we made a big mistake because we didn't investigate before sent the papers what we needed... Thom just sent the forms... yea big mistake!!! and trust me I'm paying for that...

Thanks for your opinion, I apreciate it for take the time to be here sharing what you think.

Linda

It's unfortunate you didn't receive the RFE. Nevertheless, the reason for the denial was the lack of response. Whether you had the opportunity to do so or not, is a separate issue. You still have not stated directly that you were together in person during the two years prior to filing the denied petition. "Been together" has multiple meanings. "Met in person" has one meaning in this context.

I don't mean to be pedantic here but there is a precise requirement, and you haven't addressed in with equally precise language.

So, when you refile, be precise about when and where you've been together and then show the boarding passes and passport stamps verify it.

[Stephen + Elisha 92]

Pushbrk, I'm pretty sure there never was an RFE, hence the denial had nothing to do with a lack of response. The USCIS Adjudicator's Field Manual says that they can deny outright a petition filed without any initial evidence, which was apparently what Thom and Linda did out of a lack of understanding of the I-129F instructions.

Based on what Linda has said in other threads, they have met in person within 2 years of the original I-129F filing and they do have evidence to back it up—that's why they're filing the appeal, which will hopefully be treated as a motion to reopen and lead to the reopening and approval of their case per the relevant sections of 8 CFR.

[pushbrk 13,166]

Pushbrk, I'm pretty sure there never was an RFE, hence the denial had nothing to do with a lack of response. The USCIS Adjudicator's Field Manual says that they can deny outright a petition filed without any initial evidence, which was apparently what Thom and Linda did out of a lack of understanding of the I-129F instructions.

Based on what Linda has said in other threads, they have met in person within 2 years of the original I-129F filing and they do have evidence to back it up—that's why they're filing the appeal, which will hopefully be treated as a motion to reopen and lead to the reopening and approval of their case per the relevant sections of 8 CFR.

That's possible too. I haven't read their other threads, so am commenting only on what I read here. I thought she made it clear they would refile instead of appeal. That's what I would advise because it's likely to be much faster.

[ThomLin 0]

Pushbrk, I'm pretty sure there never was an RFE, hence the denial had nothing to do with a lack of response. The USCIS Adjudicator's Field Manual says that they can deny outright a petition filed without any initial evidence, which was apparently what Thom and Linda did out of a lack of understanding of the I-129F instructions.

Based on what Linda has said in other threads, they have met in person within 2 years of the original I-129F filing and they do have evidence to back it up—that's why they're filing the appeal, which will hopefully be treated as a motion to reopen and lead to the reopening and approval of their case per the relevant sections of 8 CFR.

That's possible too. I haven't read their other threads, so am commenting only on what I read here. I thought she made it clear they would refile instead of appeal. That's what I would advise because it's likely to be much faster.

I will do that Mr. Pushbrk, thanks for your advice!

God bless you always

Linda

[ThomLin 0]

Hopeless... is all I can say..

[Stephen + Elisha 92]

Hopeless... is all I can say..

I know it feels that way, Linda, but chin up! You guys have everything you need for your appeal or new I-129F. You will get this, and you will be together.