I-129F *denied* :( What to do next?

[JimVaPhuong 4,863]

Sorry, just stumbled on this thread accidentally. For those who post in here regularly, is this common now? I swear a few years ago, they would have sent out an RFE instead of denying the petition. It seems like an unfair pocketing of money for the OP no matter how uninformed they were of the process.

I think that a couple of years ago the petition would have been rejected and returned to the petitioner, without cashing the check. This seems to have changed when they centralized the intake of these petitions at the Texas lockbox facility. It seems like they did a more thorough job of screening petition packages for completeness when they were being sent directly to a service center. The lockbox facility seems to focus more on whether the check is the right amount for the petition submitted. By the time the service center gets the petition it's already been accepted, so they have to proceed with it.

We don't see enough of these type of cases here at VJ to know whether denial instead of an RFE is a new trend. The adjudicator isn't required to deny unless the evidence they've got makes it clear that the petition is not approvable. The AFM encourages an adjudicator to issue an RFE if further evidence will clarify any questions of eligibility. Still, it's up to the discretion of the adjudicator to determine whether to issue an RFE or deny. Given the current backlog, I wouldn't be surprised if the service centers are just denying these as a matter of policy now.

We also don't know if the petitioner in this case made a fundamental mistake on the I-129F. Answering some of the questions on the form in the wrong way will leave the adjudicator with no choice other than to deny.

I don't think it's an unfair pocketing of the petitioner's money. They got what they paid for - an adjudicator looked at their petition. No doubt it would have been better for the petitioner if the petition had never made it to the adjudicators desk, and had been rejected. That doesn't seem to be happening as much anymore.

[Tanoushka 7]

We had no idea we had to post the I-129F form with proof of relationship and it really shucks it wasn't mentioned *anywhere* on the form and form guideline Neither of us have ever been married.

Oh no!!!

What a shame!

[amesa 9]

Brace yourself because this is going to sound a little harsh...

Your fiance didn't read the form instructions. Even without the VJ guides, you could have successfully submitted the I-129F petition AND included all of the required supporting forms, documents, and evidence just by exactly following the instructions for the I-129F form.

You don't need "proof of relationship" with the petition. You DO need proof that you've met, face-to-face, sometime in the last two years. You also need original statements from each of you indicating your intention to marry, and you may provide additional evidence to support your intentions. All of this is covered, in painful detail, in the form instructions. The form instructions also tell you to submit a G-325A form for each of you, and THAT form also has instructions. There is also evidence that must be submitted, and other evidence that may be required, depending on your circumstances. Again, it's all covered in detail in the form instructions.

I have seen other cases where people didn't read the instructions, and sent only the I-129F form, and they got a lengthy RFE asking for all of the additional required forms, documents, and evidence. I've also seen cases just like yours, where the petition was flat out denied. A USCIS adjudicator receives guidance in the Adjudicators Field Manual to send an RFE rather than deny when a case would be approvable if further evidence were provided, but this is a discretionary call the adjudicator makes. If they received none of the required evidence then it's understandable that they might not have the patience to play RFE tag with someone who clearly doesn't understand what they were supposed to have done.

It's also possible that your fiance blew some extremely important declaration on the I-129F. For example, did he check the "married" box for either of you? Did he fail to indicate how he acquired his US citizenship? Did he check "no" to question 18 - have you met and seen each other within the past two years? Did he check "yes" in response to the criminal conviction questions in part C? Did he fail to sign the form? Any of these would be sufficient reason to deny the petition outright, though some of these could have been overcome by providing the appropriate evidence.

Is your fiance subject to the IMBRA filing limitations? If so, did he include a request for a waiver? Don't know what I'm talking about? Of course not, because you didn't read the instructions.

Look, I'm not trying to rub your faces in this, but you and your fiance need to understand that the US government is beyond ####### when it comes to getting immigration paperwork right. They will not take you by the hand and walk you through it. They publish detailed instructions, and they expect you to follow them.

A minor point on semantics - don't refer to the I-129F as a "demand". There are many things which Americans have a right to demand of the government, but immigration is not one of them. Every immigrant visa petition is a "request", and a request can be denied.

Read the guides. Read the form instructions. File again.

[amesa 9]

It is not so clear if the OP is a USC...

That said, anybody who intends to be the petitioner must be a USC and not LPR. In your case, it seems as if you're not a USC and that categorically is an automatic denial of the petition without giving out any reason because the instruction is clearly written in the i-129f form.

I will advice you wait until you adjust your status to USC before ever thinking of filing again, otherwise USCIS will see it as an immigration fraud and you could be ban... Just my 2cent.. But then, keep your head up!!

Incorrect. LPR's can also file. The wait is REEEEAAAALLLYYYY long, but it can be done.

[Kimbear 53]

Edit. nvm Jim said it perfectly.

Edited June 7, 2011 by Kimbear

[baron555 934]

Edit. nvm Jim said it perfectly.

And here's the hardest part......there will be more forms (each with instructions and with additional documents to include) to file after you are together. The K-1 is just the beginning. Get used to reading instructions and following them exaclty. It really isn't rocket science but some people may become stressed out and struggle.

[Pamela&Terry 1]

Hello !! Its ok I totally understand you , we did the same thing. The information is kind of confusing if you read some websites. they dont explain good. I find the right information here. We had the same situation that you guys and we NEVER GOT A RFE either. What we do is REFILE a NEW K1. We are in the process right now, DONT APPEAL just REFILE a new application. Hopefully this time we will have luck if you need information please contact me I will be glad to help you with the new application because we already call layers and stuff so we have all the info.

You can email me if you need!

[Eric-Pris 1,606]

I don't know the timelines in Canada, but if it isn't too much longer, you might as well just get married now and file for a CR-1 VISA. You can stay in the US until your time is up, then go back and wait in Canada for the medical and interview. Once the visa is granted, you will enter the US as a permanent resident with a green card and work authorization. No need to adjust status.

http://www.visajourn...tent/i130guide1

[pushbrk 12,806]

Incorrect. LPR's can also file. The wait is REEEEAAAALLLYYYY long, but it can be done.

LPR's cannot file I-129F petitions. Well, they can file, but not get approved. An LPR can file an I-130 for a spouse, but not anything for a fiancee.

[Rock81 0]

Hire an immigration lawyer to make sure there are no further complications ... it can really help.

Best of Luck.

Cheers

[pushbrk 12,806]

Hire an immigration lawyer to make sure there are no further complications ... it can really help.

Best of Luck.

Cheers

Nobody can make sure there are no further complications but many need professional help in navigating the existing and potential future complications in the most beneficial manner.

[Casprd 167]

We didn't send anything else than the actual form, we had no idea. Thanks a lot for pointing that out it's kind of reassuring to know that it's ''only'' because we overlooked the application process, and not something more serious like me not being eligible or what not. That's still to figure out when we receive the letter but now it's pretty obvious why it was denied.

Maybe someone can help us with this: Does anyone know how if once we re-submit the demand with proper evidence, is it going to take roughly the same amount of time for them to reply, or is it going to be quicker? I've only got 4 months and a half left to spend here in the US this year and I really really hope to get this done by then!

Thanks for your support and we'll let you know what the letter says when we receive it.

If you only sent the I129 form then there is a whole raft of information that is missing. Including proof of the petitioners citizenship, intent to marry affadivits, the G325 Bio forms for each of you, evidence of having met or proof of hardship that prevented a physical meeting. That is just what the form instructions list.

While waiting for the letter, you can start putting all of this info together (look at the guides here on VJ). Hopefully that will be the only reasons and you can start over. But since you are starting over, it may be better to get married now and go the CR-1 route instead. Something to think about at least.

[TBoneTX 45,014]

has there been an upsurge in people who just "want" to post advice only to not make ANY sense or be COMPLETELY off base

Si, man (sigh, man). It can be a full-time effort to root out and correct the bad advice.

[HeartOfAllThings 2]

Thanks everyone for your replies. We actually received the official letter yesterday and as we had figured out it was because of the lack of evidence, which we did not send along with the I-129F. I've looked into it and an appeal seems to take even longer than filing up a new I-129F.

Having only 4 months and a half left to be here without any visa (as canadians are allowed), the best course of action seems to be to ask for readjustment of status after we've gotten married. Any other process would have me go back home which we can't afford at this time. Does anyone know if by being a immediate relative of a US citizen, I am immediately eligible to adjustment of status? Reading the USCIS website, it seems like it's almost guaranteed to work, except in some cases where an approved petition of some sort is required before I can send in I-485.

Am I wrong in assuming that this is not the case for relatives of US citizens and that I can fill up and send in I-485 along with Leia's I-130 petition (this time, of course, with the right documentation and after carefully reading guidelines over and over) without prior petition approval? Given that adjustment of status through a US family member is given first priority and that there is an unlimited amount of visas available for these cases leads me to believe that of all the other categories listed as being eligible for adjustment of status, the one I'm shooting for isn't the one that requires prior petition approval. ( I haven't found any information on the USCIS website that gives specifics on when this is needed. They just say ''in some cases'' )

I really hope this works! This weekend I'll get some help form an immigration lawyer but in the meantime I hope some of you will be able to provide as much clarity on this subject as you've done for my last post.

Thanks a lot!

Julien

[HeartOfAllThings 2]

Wow... there were a LOT more replies than I saw at first. Thanks a lot everyone, will read all of it.