Petition rejection

[therightlayne 0]

Just to know what to look out for:

What are some reasons that a petition may be rejected?

[HeatDeath 430]

Basically the only reason I-129F fiance petitions get rejected is that the couple have not physically met within the last 2 years, or one or both of them is not legally free to marry [i.e. a pending divorce hasn't yet been finalized, or soemthing like that.], or that the evidence you include does not prove these conditions. If you can proove both of those facts, the petition will be approved.

It's actually fairly rare for petitions to be denied. Visas, on the other hand, can be denied for a large number of reasons. But that's a whole separate issue.

Best thing you can do to minimize the chance of that happening, when you put your I-129F application together, is to include a good quantity of evidence showing the evolution and current status of your relationship: how you communicate, etc, in addition to the evidence that shows that you have met. This won't make any difference as to whether or not your petition is approved, but can, with some consulates, make a significant difference as to whether or not they approve your fiance's visa application, several months from now. Search on this forum for the term "front loading" for more information about how and why you might need to do this.

[Gary and Alla 3,694]

Just to know what to look out for:

What are some reasons that a petition may be rejected?

Let get some terms correct

Rejection: Means the petition is returned to you almost immediately without consideration. Reasons are ...

1. Did not enclose or did not sign the check

2. Made out the check for the wrong amount

3. Didn't sign the forms

4. Sent the wrong forms.

That's about it. They will send it back immediately with a letter saying why it was rejected. You correct the problem and send it back

Denied: Denied means they considered your petition and said "NO" because you did not meet the requirements. The requirements are

1. You are both willing and able to marry

2. You (the petitioner) are a US citizen

3. You have met in person at least one time in the last two years

If you meet those requirements your PETITION will be approved and your FIANCEE can APPLY for a visa. Requirements for visa approval vary by cnsulate but basically you must show you have a legitimate relationship, that you are not attempting to avoid normal immigration procedures and you can support her financially and she is not a criminal or have communicable diseases.

Stop worrying, it won't help anything

[therightlayne 0]

How do you prove evidence of being legally able to marry? Doesn't the form just ask you yes or no? Do you have to provide a document proving this with the petition submission?

[Gary and Alla 3,694]

How do you prove evidence of being legally able to marry? Doesn't the form just ask you yes or no? Do you have to provide a document proving this with the petition submission?

Are you old enough to get married? Yes? Your birth certificate proves that. Over 18 does the trick. Are you single? ever been married? No? You are eligible. The form asks the names of previous spouses. None? If you were previously married, then you have to include a copy of and and all divorce documents. same for your fiancee. If neither of you has ever been married, the so state. You are eligible. Did you BOTH sign letters of intent to get married? Yes? Then you are "willing". You are now "willing and able" and you get approved.

This really is not a difficult process. Read the guides and instructions here and do not imagine things that are not stated. if they need something from you, they TELL you they need it.

[REINITA♥REY 8]

Also they will do a background check and denial can be issued for anything negative revealed.

Edited November 3, 2010 by LADUQUE13

[KittyPollitt 284]

Also they will do a background check and denial can be issued for anything negative revealed.

Not ANYTHING negative, just certain crimes such as child molestation, sex crimes, kidnapping, etc. Felonies on the USC's record won't automatically cause a denial, certain ones may require a waiver, that's all..

[Gary and Alla 3,694]

Not ANYTHING negative, just certain crimes such as child molestation, sex crimes, kidnapping, etc. Felonies on the USC's record won't automatically cause a denial, certain ones may require a waiver, that's all..

True. Criminal history has FAR more effect on the beenficiary. The US citizen is not nearly as easily denied because of criminal history.

[amesa 9]

How do you prove evidence of being legally able to marry? Doesn't the form just ask you yes or no? Do you have to provide a document proving this with the petition submission?

You can submit letters of intent, but what I had to do was go to the marriage license bureau in my city and for like a $10 fee, you give them your ID and they run a background check on you to make sure that up to that date, you are single and able to marry. They print off a report and sign/notorize it. I had to do this to prove I was able to marry my now present spouse in the Dominican Republic.

[Aztec&Taino 144]

You can submit letters of intent, but what I had to do was go to the marriage license bureau in my city and for like a $10 fee, you give them your ID and they run a background check on you to make sure that up to that date, you are single and able to marry. They print off a report and sign/notorize it. I had to do this to prove I was able to marry my now present spouse in the Dominican Republic.

That's interesting and good to know. I guess I could not have gotten married in the DR even if I had wanted to since I did not have such print out verifying my singlehood.

[SuperDuper! 230]

Just to know what to look out for:

What are some reasons that a petition may be rejected?

And after reading all these fine replies here, just WHAT are you most concerned about regarding the possibility of a rejection?

[Stanley Hermosill 1]

Gary is correct in his analysis of the marriage eligibility issue. As long as you meet these requirements, as well as the ones listed by the first reply, your petition will be fine.

[Gary and Alla 3,694]

You can submit letters of intent, but what I had to do was go to the marriage license bureau in my city and for like a $10 fee, you give them your ID and they run a background check on you to make sure that up to that date, you are single and able to marry. They print off a report and sign/notorize it. I had to do this to prove I was able to marry my now present spouse in the Dominican Republic.

USCIS does NOT require this for a K-1 visa. Laws in the Dominican Republic have NO AFFECT on the K-1 process.

[Ribs & Beans 19]

That's interesting and good to know. I guess I could not have gotten married in the DR even if I had wanted to since I did not have such print out verifying my singlehood.

I DID get married in the DR without that verification. All I had to do was sign an affidavit in front of the judge swearing that I was single. Hell, he even provided the affidavit--all I had to do was sign!