; what if I-129f gets denied?

[Channah&Aaron 51]

; Hi all!!

I have a question. We are still waiting for our NOA2 (almost 6.5 mos). And I just have a weird feeling that we get denied. Although there isn't a reason for us to get denied. The Ombudsman is going to help us, USCIS put in a Service Request, and a decision will be made within 30 days, they said (we hope so). But because it's taking so long, and I'm having kinda nightmares, I'd like to be prepared in case Aaron and I get denied.

How will they let us know, in case we get denied? FYI, I am with my fiance in the US for 2 months now, and the plan was that I'll stay here until my interview. What are the immediate steps we can take in case we get denied?

If this all works out to the bad, is it legal to get married here and I stay here for an other 4 mos while we are going the CR-1 route. Though, I have a B2 Visa, so I can stay til September.

I know this all sounds drastic and all that, but I have to prepared for any situation.

Thank you for your input!!

Edited May 7, 2011 by Channah&Aaron

[Ryan H 3,812]

If the USCIS was going to deny the petition, they would send the petitioner a Notice of Intent to Deny (NOID).

IF that were to happen, the petitioner would need to respond to it with any and all evidence of your relationship. Failure to respond to a NOID would not be solved by getting married and filing a new petition.

[Channah&Aaron 51]

; I thought it was legal to go through the CR-1 route after I-129f got denied????

[menina 50]

; I thought it was legal to go through the CR-1 route after I-129f got denied????

You are allowed to file for CR-1, but unless you address the reason for denial, that petition could very well be denied as well. You are at VSC which seems to be moving slowly. Hopefully you will have your response soon as you submitted the service request. Also, it is very likely they would issue you an RFE first rather than simply denying your petition. (in my opinion). Try to stay strong...you should have some kind of a reply very sooon. Good luck to you!

[Channah&Aaron 51]

You are allowed to file for CR-1, but unless you address the reason for denial, that petition could very well be denied as well. You are at VSC which seems to be moving slowly. Hopefully you will have your response soon as you submitted the service request. Also, it is very likely they would issue you an RFE first rather than simply denying your petition. (in my opinion). Try to stay strong...you should have some kind of a reply very sooon. Good luck to you!

; Thank you so much, and hopefully this will all be over with soon. Aaron and I are just sooo ready for the next waiting game... I think I'm losing my mind

[Moomin 292]

Hei there,

I'm happy that you get to spend time together while waiting. Like others have said, there's a bit more to it than just getting married if the i129f is denied. First off, you can get married anytime you like but then you'd have to cancel the i129f petition and then apply as a spouse and then return to your home country while waiting(as far as I know?). I don't know how it's going to look if you try to stay in the US when you've already shown intent to immigrate with the first petition.

However - my advise is to simply wait it out and see the outcome of the i129f. Right now you have a whole 2 months worth of ongoing relationship as proof. I think it's natural to be uncertain about the petition whether it's denied or approved. Just make sure not to overstay or in any way jeopardize your chances.

I'm wishing you the best : )

[Channah&Aaron 51]

; Thank you moomin . I know, and maybe this is all just because I'm getting nervous.

Oh no, I won't overstay, I can stay here for an other 4 months and no way I'm going to stay here longer than that .

It's just weird that they are approving Dec filers and Aaron & I are left behind. I don't know it's taking so long.

* I'm not from a high fraud country at all

* I never overstayed

* Aaron and I have spent months together, not only this year, but also last year

* Aaron makes way above the required poverty level

* Aaron and I both have clean police records.

Although, my entry got denied May 2010 because I lied about Aaron and my relationship, so I think that might be the problem of this delay. After I got sent home, I applied for B2 Visa, passed the interview and have traveled to the US 3 times after. Still, though, can that cause any huge problems?

Edited May 7, 2011 by Channah&Aaron

[Moomin 292]

Oh I got a bit frustrated when seeing CSC started approving Jan and Feb filers two weeks after they filed. I think it might be less complicated with Vermont since they have a backlog. Each adjucator has a box by their desk and if yours is with someone who's either slow or something that makes is easier for petitions filed later to get approved before you if they're sitting on someone else's desk.

I mention the CSC because I'm almost certain they're trying to get the average waiting time down to 5 months again, that might be the case with Vermont too.

When you had to get a tourist visa(instead of VWP) it sounds to me it is very important to show that you're doing everything the legal way. Being denied entry once and since then they allowed you shows to me that both the embassy and officer believed you'd return to the Netherlands. Just beware not to spend more time overseas than in your home country, too.

I really wish I could reassure you that everything's okay, hopefully you'll get some(good!) news from either USCIS or the ombudsman.

[Channah&Aaron 51]

; I hope that my case is being under initial review by a SNAIL, than any other reasons.

Thanks for your input, I feel lil better now Am I the only one who is so anxious wanting the NOA2 sooooo bad after such a long wait? lol

Edited May 7, 2011 by Channah&Aaron

[newlyweds2010 208]

; Thank you moomin . I know, and maybe this is all just because I'm getting nervous.

Oh no, I won't overstay, I can stay here for an other 4 months and no way I'm going to stay here longer than that .

It's just weird that they are approving Dec filers and Aaron & I are left behind. I don't know it's taking so long.

* I'm not from a high fraud country at all

* I never overstayed

* Aaron and I have spent months together, not only this year, but also last year

* Aaron makes way above the required poverty level

* Aaron and I both have clean police records.

Although, my entry got denied May 2010 because I lied about Aaron and my relationship, so I think that might be the problem of this delay. After I got sent home, I applied for B2 Visa, passed the interview and have traveled to the US 3 times after. Still, though, can that cause any huge problems?

did I read right?

[Channah&Aaron 51]

; Yes, you did!!

I never ever ever ever commited any crime.. other than steeling candy out of my mom's candy bar.

Therefore, before I went to the US, the immigration officer gave me a hard time for a very long time, but let me in.

When I came home, I read stories online about people who have had difficulty during their entry as well. I shared my experience about all the questioning and then people replied the following, A lot of them told me that I have to tell the officer I'm visiting a friend. This would be the best way, otherwise they will questioning me even more.

I read some more and more, and then I flew back again a couple months later. After the plane landed, I had to go thru customs. When the officer asked me what my purpose was and who I was going to visit. I said "a friend" without thinking. I was so shocked about the answer I gave him, because I always answer their questions truthfully. I even considdered telling hem that I didn't mean to say "a friend". But then he kept on asking questions and I knew that I was to late admitting it.

I had to go through second security check, and I admitted it. Yes, I lied and I told the reason about the horror stories about getting denied (I was clueless). It all took 3 hours.

The officer told me that he could tell that I regret I lied to him. He also knew that I was really regretting it and that I wasn't a threat. He checked my background. He said that he had to send me home, and that this all must be a lesson to me. Ofcourse I was bummed and sad, but I admit that I deserved it!! After that, the officer and I talked for an other 30 minutes, had a drink and some food, then i went back home. This happened in Philladelphia layover to Pittsburgh where my fiance lives.

Now, I fly directly to Pittsburgh. Pittsburgh is really small, and the Officers know me there and every time I fly to Pittsburgh, they are like "hey, you again " "Arent you still married yet, it takes long, isnt it?" "Welcome agin girl". And i even talk to them about my POE, how it all works. And they joke about it and then told me it will take 5 min, cuz they have seen my whole I-129f package couple of times.

It was all a lesson, everyone makes mistakes. This one is the one I made and I learned from it!!

Edited May 8, 2011 by Channah&Aaron

[Stephalex 2]

When I wanted to enter Alaska for the first time, I had to be straight out honest. When I lie, my face goes pink.. So I was like, here goes! I told the officer I was visiting my fiance and he joked with me and just said, well as long as you don't get married on this trip!

It is a lesson well learned but if you have to claim that you were denied entry, that might be an issue. I just completed Packet 3 and it asks you if you've ever been denied access to the States and to explain.

[Helen Louise Pile 80]

When I wanted to enter Alaska for the first time, I had to be straight out honest. When I lie, my face goes pink.. So I was like, here goes! I told the officer I was visiting my fiance and he joked with me and just said, well as long as you don't get married on this trip!

Me too! The CO in Boston was so amused that the address wewere staying at was in 'North Pole', Alaska, he chatted and joked about visiting Santa. I was also honest and up front about visiting my fiance and it was fine

Edited May 8, 2011 by Helen Louise Pile

[pushbrk 12,883]

If the USCIS was going to deny the petition, they would send the petitioner a Notice of Intent to Deny (NOID).

IF that were to happen, the petitioner would need to respond to it with any and all evidence of your relationship. Failure to respond to a NOID would not be solved by getting married and filing a new petition.

This is not correct. If the petition is denied, USCIS will send a "denial notice". NOID's are for petitions returned to USCIS by Consulates.

[Channah&Aaron 51]

; The American Consulate in Amsterdam already know that my entry got denied. I had my interview May last year. Thank God the peeps in this Consulate are so helpful and understanding. I showed them enough proof that I didn't want to get married during my stay, and they approved my B2. It was all a lesson, and they knew I learned from it.

And I also think it's a good thing that we're filing K1, because I had a lot of chances to get married in the US during my stays. The officers at the POE knows I'm engaged, Pittsburgh has a small office, and I know the head officers. And yes, now I'm telling the truth, they joke around too

I'm not worried about US Consulate in Amsterdm about denying my interiew due my denied entry experience, I just hope USCIS will approve me and give me my NOA2. That's what I'm nervous about, and I know all I can do is waiting with my fiance. I also know there are worser cases that got approved, gosh, this all is nerve-wracking..