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

[Alcheringa 39]

Do you guys completely understand the requirements of the I-134 that will come into play at the interview stage? That would be a big ball to drop, so I'll err to the side of caution and ask.

[JimVaPhuong 4,863]

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.

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.

[Aztec&Taino 144]

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.

The I-129 F form comes with instructions from USCIS. You know, official instructions as to how and where to file and such. It is no secret as to what is required to be sent with the form. I am not trying to be rude, but it seems as though the petitioner did not pay enough attention to the form's instructions. It is much more common to be denied at interview than to be denied at petition (USCIS) stage...

[kzielu 1,149]

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.

But first - did you actually marry or you still plan to ? If you did and are still in US, then just do AOS, K-1 petition will be denied again. If not, and are going for K-1 - as others are suggesting - read the guides. Stupid question - did you send the check with I-129F ?

[Usui Takumi 1,562]

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.

Edited June 7, 2011 by Sousuke

[Dan Nguyen 3]

My fiance mailed the 129F form in February, and this morning we were all happy to find that our case status had just been updated on the uscis website... but it turns out the petition was denied We have no idea how they could have taken that decision and we're currently waiting to get the actual letter saying why. They never asked us for additional information, never have been in contact with us for those few months and it's really sad to know it was denied without even asking for more info from us

While we're waiting to know why we'd really love to have some tips on what we can do next. I really hope thta getting married and asking for K-1 will do the trick but that takes some time.

If you've had any experience with 129F denial we would very much appreciate hearing your story, and if so how did you manage to get around it.

Thanks a lot,

Julien & Leia

You can't file form I-129F if you're married. You need to file form I-130

[Alcheringa 39]

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 the rationale behind this is that it was a complete failure to file the petition correctly.

One or two missing pieces of the puzzle might result in a justifiable RFE, but they appear to have sent nothing but the I-129F --

A shame they have to redo and repay, but I don't blame USCIS for it, either. After all, it was a fundamentally grave error. It's USCIS's job to process petitions, not educate the people submitting them.

[Becky<3Jorim 1]

oh no, im so sorry Did you send the G-325A Form? I'm not 100% sure if its required with the 129F but we filled it out and sent it together along with a Photo of me and my fiance, the money order, our letter of intent and the passport photos. Give it another try, don't give up. Goodluck

[Moomin 292]

No doubt that VJ offers some of the best advise and thorough info there is to be found online, and I'm not apologizing on behalf of OP since the forms clearly state to provide more documents(proof). However! We've all seen the outcome of lawyers "trying to help" and they end up causing a mess. Problem is those mixed answers you get from individuals too which also goes for VJ members ("I'm not sure but try to..").

The OP has been a member of VJ since January, a month before filing the petition; meaning a month to check and double check, and not only leave it in the hands of others since I, you, we, he and she only get a fraction of what might be important information. DIY doesn't mean to trust first and best answer.

OP, I'd suggest - like others - to read the guide of K1(not only the first part before the petition gets approved but what happens later down the road. If you're thinking of getting married look at the other options too. But don't be afraid to ask, and remember some things are specific to your country(later on).

Best of luck to you. I am sorry you got denied, I know it's hard to wait no matter the cause of it. Cheer up, wait for the letter and oh, one more thing: The next I-129F your fiancé sends to the USCIS will be the second one. I'm not sure if that requires some explaining but I'll let that be up to someone who knows for sure, maybe with a link to support the info.

[Kengux 3]

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!!

Edited June 7, 2011 by Kendra O Shamonti

[Krikit 1,164]

Your other option is to adjust status since you're already in the country. I've attached a link to that forum below. I found it beneficial to print out the instructions document, read through it carefully, and highlight any action items. When you are compiling the application/petition, go through each action item and cross it off once it's completed and added for submission.

Link to Adjustment of Status From Work, Student, and Tourist Visas

[Krikit 1,164]

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!!

Please disregard the above as not only is the last part wrong, the first part does not pertain to your case.

[Helen Louise Pile 80]

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.

This answer from Jim seems to be extremely clear.

Read the instructions that come with the form.

I like to read VJ for reassurance and clarity, but my husband has only ever read the USCIS form instructions before we file anything. Everything is clearly explained there.

You have to become educated and meticulous when it comes to this stuff to avoid delays in your journey. Sorry you have to endure this one.

Read Jim's answer, read the instructions: http://www.uscis.gov/files/form/i-129finstr.pdf

Good luck!

(ps, This is all part of your journey. You will laugh about it someday)

[garfield529 47]

Jim is right, and rightly harsh. The initial filling is pretty straight forward and laid out clearly in the guides on VJ. The process only gets stickier, but manageable, as you continue on. One other thing, which is not a rant on the OP, is it just me or has there been an upsurge in people who just "want" to post advice only to not make ANY sense or be COMPLETELY off base. When I originally joined there seemed to be much less of that and more "followers" or the older sages. Anyway, refile and good luck!

[EasternDE 35]

On the bright side, I wouldn't call this a real denial.

It was denied because the petition was not complete, money and time aside, it is not a big deal.

Some people get denied, face deportation, get banned and have no chance to live together in the USA anymore.

Well you are not there.

Rethink and redo a petition, see what is best for you according to the guides and help you will be able to find here.

And everything will be fine at the end!