Applying again after the denial ??

[RightClicK 17]

Hey everybody ,

As you knew guys , i was denied , i received the denial letter some days ago , anyways , since am not going to appeal , i wanna know if i can just refile again or there is something has to happen ??...i hear about this waiver thingy , i don't know what is that for ..but is that for the people that got denied or what??

Please explain this to me clearly ...Thanks a lot in advance .

[anthokad 3]

what was the reason for denying you? please give more details to get the right opinion

[NigeriaorBust 4,087]

Was only the K3 denied ? You can't apply for another K3 without an active I130. You must be able to address the reason for denial. Have you gotten evidence that overcomes the stated reason ?

[RightClicK 17]

what was the reason for denying you? please give more details to get the right opinion

Because HE thinks that is not a bona fide relationship . That's the short answer.

Was only the K3 denied ? You can't apply for another K3 without an active I130. You must be able to address the reason for denial. Have you gotten evidence that overcomes the stated reason ?

Yes only the K3 ....i wouldn't apply for k3 again....where to address the reason for the denial ...yes they stated it...4 pages of reasons which is NOT truth...he said he didn't get many things of what we sent ...that's silly really .

[moroccogirlny 100]

I would contact a good Immigration Attorney, most have free consultations. I'm not too sure of waivers. Perhaps you have a better chance of appealing the case? Did they at least give you the reasons for denial?

[belinda63 3,038]

Sam I know the man was really hard on you and a denial before even being given a chance at an interview is really unusual. Is there something specific about your case that would send out red flags? Maybe a significant age difference or prior visa applications?

There is no waiver for a denial the choices are appeal or re-file. I would really consider a consult with an experienced immigration attorney prior to the expiration of the appeal period and obtain his advice on the best way to proceed.

[RightClicK 17]

I would contact a good Immigration Attorney, most have free consultations. I'm not too sure of waivers. Perhaps you have a better chance of appealing the case? Did they at least give you the reasons for denial?

Iam done with attorneys .i wont be appealing...it would take so long and there is no limitation for it...so i wouldn't risk it...they gave me a silly reasons and stuff that aren't truth...loool..i don't know how is he an IO ...his grammer is so bad :D:D...

[RightClicK 17]

Sam I know the man was really hard on you and a denial before even being given a chance at an interview is really unusual. Is there something specific about your case that would send out red flags? Maybe a significant age difference or prior visa applications?

There is no waiver for a denial the choices are appeal or re-file. I would really consider a consult with an experienced immigration attorney prior to the expiration of the appeal period and obtain his advice on the best way to proceed.

Age difference , being Muslim , Egyptian ...and he THOUGHT that iam poor guy from a poor family but Thank god we aren't and he mentioned that in the denial....he said...since the petitoner is unemployed and the beneficiary is student (Also iam working) so why is she applying for another immigrant looool...they are searching for money not for bona fide relationship...woooow...i don't wanna remember this denial reasons tbh...its all a ####### ..and ###### silly reasons

[belinda63 3,038]

If you are going to re-file I strongly suggest your wife make another trip to visit you and take copious amounts of photos with you and your family with landmarks and date/time stamp or newspapers showing the date. Letters from your family showing their approval of the marriage wouldn't hurt either. And of course all the evidence you previously submitted.

Good luck and God will bless you if you continue to believe.

[sachinky 465]

Honestly I've never read of USCIS denying I-130 petitions based on 'lack of bonafide relationship' before. In fact, ever. Sure, visas are denied all the time for that reason but USCIS has a pretty low bar and for you to not have passed it, there's something definitely wrong here. The bar is pretty simple. Show proof that you're an immediate relative of a USC. Your marriage certificate alone should be sufficient. There's something going on in your case as evidence by your RFE checklist -- definitely not run-of-the-mill.

Something is amiss here, you're under USCIS radar and I would recommend a specialist immigration attorney to help with your case (since I don't think you're disclosing everything here on the board -- and that's your prerogative). Simply refiling won't help if you don't address the issues raised by your denial letter and continue on like it's no big deal. You need to start taking this seriously. You may think they're BS reasons but at the end of the day, it's their opinion that matters--not yours, unfortunately.

And you really shouldn't be complaining about someone else's incorrect "grammer."

Edited November 5, 2010 by sachinky

[RightClicK 17]

If you are going to re-file I strongly suggest your wife make another trip to visit you and take copious amounts of photos with you and your family with landmarks and date/time stamp or newspapers showing the date. Letters from your family showing their approval of the marriage wouldn't hurt either. And of course all the evidence you previously submitted.

Good luck and God will bless you if you continue to believe.

Yea.thats a good idea.

Thanks for your wishes

[thelastpetitioner 218]

And you really shouldn't be complaining about someone else's incorrect "grammer."

+1

[RightClicK 17]

Honestly I've never read of USCIS denying I-130 petitions based on 'lack of bonafide relationship' before. In fact, ever. Sure, visas are denied all the time for that reason but USCIS has a pretty low bar and for you to not have passed it, there's something definitely wrong here. The bar is pretty simple. Show proof that you're an immediate relative of a USC. Your marriage certificate alone should be sufficient. There's something going on in your case as evidence by your RFE checklist -- definitely not run-of-the-mill.

Something is amiss here, you're under USCIS radar and I would recommend a specialist immigration attorney to help with your case (since I don't think you're disclosing everything here on the board -- and that's your prerogative). Simply refiling won't help if you don't address the issues raised by your denial letter and continue on like it's no big deal. You need to start taking this seriously. You may think they're BS reasons but at the end of the day, it's their opinion that matters--not yours, unfortunately.

And you really shouldn't be complaining about someone else's incorrect "grammer."

I have never heared of it too , i know that there is something wrong but i wish i can find it because i DO miss my wife , And for the specialist attorney , I can't afford one neither my wife can ,I don't have to search for the reasons , They have explained it soooooooooo clearly , so no worries , I know it .I didn't say that its BS because as in it doesn't matter no , I meant that it wasn't true and what they are saying is wrong because i sent the right thing ,and i shouldn't be complaining about anyones grammer but i can complain about official letter from an American Immigration Officer .

[Davis1 1]

I have never heared of it too , i know that there is something wrong but i wish i can find it because i DO miss my wife , And for the specialist attorney , I can't afford one neither my wife can ,I don't have to search for the reasons , They have explained it soooooooooo clearly , so no worries , I know it .I didn't say that its BS because as in it doesn't matter no , I meant that it wasn't true and what they are saying is wrong because i sent the right thing ,and i shouldn't be complaining about anyones grammer but i can complain about official letter from an American Immigration Officer .

Did you reply to USCIS in the same kind of tone and comments when you sent evidence for an RFE..????

Edited November 6, 2010 by Davis1

[George & Gina 29]

It's grammar, the post editor does have a spell checker.