K-1 Visa denied, Motion to reopen?

[keyshawn18 52]

There are 14 responses to this subject.Look at all of them and see if any of the responses took the same tone as yours.I am not making this to be something its not.There are some people on VJ who can address things differently when they respond to a post but choose not to.Nuff said.

[Ning 619]

Does somebody know what I should do if they really didn't send us any RFE's? I mean I don't see why I should pay a fee of $640 just to tell them that they messed up. But I guess I'm just gonna follow you adivce and reapply with a whole new case.

You could try to find out why you didnt get RFEs. Its very strange that they didnt send them. Its possible that they were not delivered to your address.

I wanted to find out more about your case to know if you could do what we did in a similar situation. I can tell you there is a different way to get the case reopened. Its called a motion to re consider. Its free for one thing. To do this you would need to know if they sent RFEs or not. My husband wrote a motion explaining the situation; asking for re consideration of the case. That was accepted & 60 days later the case was approved even though we had been told to file the same thing they told you.

The underinformed seem to think I was just trying to be mean. No. I was trying to get enough info to see if you might be allowed to do as we did. Bobbys post is along these lines as well.

[Inky 1,111]

Its currently going to cost you more to re-open a case than to file a new one...

Considering you have no idea whats going on with the case, I would just send a new one with all the documents, follow the guides on VJ and start over.

Its really a shame what happened but you waited 5 months and didn't contact them for anything just sat waiting? You should have been following up on your case.

[Weremy12 2]

The sad part about all of this is that this is a person who did not have the wonderful people and information here at Visa Journey to help him out BEFORE he started the K-1 Visa petition.

When you are given step by step instructions its pretty hard to mess up. However, the government USCIS Website does have ample information that would of explained that more is needed than the 129F. I really do feel the pain because its been five months already. Its not as simple as "come to my country and lets get married". I doesn't work that way and sure doesn't work his way. I cant speak for them but I don't know if I could do another five months without my baby being my wife....If economically possible, I would marry and try for the other process afterwards, but thats my personal opinion...I really do feel for you...

[Rufus2012 175]

You probably didn't get any RFEs because everything was missing. It's one thing for them to send you an RFE for a missing copy of a birth certificate, it's an entirely different matter for them to tell you "dude, everything is missing, resubmit".

OP, frankly, if you missed that you needed a whole bunch of supporting documents, I suspect you would best be served by hiring a professional to do this for you. Everyone can miss a particular nuance or individual item, but if you're not able to read the instructions and even come close to what they are asking for, I don't think you're going to be successful trying again.

If that's too harsh for some people, too bad. Do you want delicate half truths that don't hurt your feelings, or do you want sound advice? My advice, hire a good lawyer.

[KayDeeCee 4,893]

Does somebody know what I should do if they really didn't send us any RFE's? I mean I don't see why I should pay a fee of $640 just to tell them that they messed up. But I guess I'm just gonna follow you adivce and reapply with a whole new case.

They did not mess up. You did. The instructions tell you what documents are needed to file along with the I-129F. You failed to read and follow the form instructions. USCIS is not required to send you an RFE. You were missing everything, not just 1 or 2 things that would lead them to send an RFE before approving your petition. I have seen others outright denied for not sending in anything but the form and the fee. This is nothing new. They took the fee, processed your petition and denied you for having zero documents and evidence.

Don't bother with the motion to reopen. You cannot reopen the case and win. You were correctly denied. It will cost you more money and time to go through all that. You need to file a new petition, making sure to read the form instructions that you can download directly from the USCIS website where you download all the current forms. Read the guides here as well. This will inform you of everything needed to send with the petition and there are even sample forms and letters here to help you. You will have to pay again and wait your turn in line again. There is no way around this.

Edited December 8, 2011 by Jay-Kay

[favored 31]

im probably gonna get bad luks from pple here but i dont intend to sound mean.. but can u give us the age range of u and/or ur fiance? i still cant get over hw u only sent in the form and fee only.. are u just findin about vj as well?

btw, hw did u knw which uscis mailing lockbox to send those I-129f and fee only.. cuz the instructions are where those info are written.. anyways, its past now.. i just feel bad for da 5mnths u hv waited.. just start over.. strongly! 340 is cheaper than 640

[cheerstoamerica 21]

Successful applicants have included supporting documents such as SCANNED PLANE TICKETS, PASSPORT STAMPS, PHONE BILLS, REMITTANCES, and most importantly, CLEAR PICTURES OF YOU AND YOUR FIANCEE TOGETHER (have it developed and NOT just printed from an ordinary printer). Also include proof of your US Citizenship.

Just file a new one, costs less and possibly less hassle. And please, do more extensive research before sending out your I-129F package. make sure everything is in order.

Good luck and stay strong.

[cdneh 3,112]

you didn't have to be so nasty about it..

Exactly.

[OnMyWayID 1,489]

Point blank: The five months and money invested are gone with nothing gained. You are going to have to start over.

Starting from scratch: You should concentrate on getting the countdown clock started again.. To do this properly you need to make sure you have all the required documents with the I-129f form.. Someone mentioned getting professional help. If you are truly lost that would be my suggestion.

If you want to try it again on your own i would suggest the following: First fill out the pertinent information on your timeline on this site so people can better answer future questions. Next go to the USCIS website and look at the required documents for the I-129f.. I know others have mentioned that the USCIS website is unclear. This is only true in regards to specifics on information within documents... When you have the list come back here and read the guides and start collecting the documents/forms/cover letters needed with the 129f. You will have questions as to what exactly is needed to fulfill various document requirements and those answers can be found here.

[VanessaTony 3,567]

We did not get any RFE's. But I don't know how to prove that. And I don't mind to pay more for a motion to reopen if it takes less time.

You don't need to prove that they didn't issue RFE's because they didn't have to. I have seen a few posts where the same has happened. You gave them nothing to approve your case, you gave them nothing to indicate that your case WAS approvable and rather than issue the really really long RFE they are entitled to just deny. Sucks but you're going to have to refile.

PLEASE read the instructions which clearly state what information is required. If you're confused read the guides here and then ask questions. Wouldn't want you to waste another 5 months.

[OnMyWayID 1,489]

Ug.. rereading this again: You are not the USC correct? Yet you are the one that sent in the petition? The USC needs to send in the petition and various documents and the payment.. Since she will be the one mostly dealing with USCIS and the NVC she should be familiarizing herself with the process (and get an account on here).. If she does it all second hand through you there will be mistakes and delays along the way....

[Ro Damon 7]

wow, I'm wondering why didnt you read up on this process.... but anywho...everything happens for a reason.

Now for starters you can check out one of my posts seeks help http://www.visajourney.com/forums/topic/310225-run-down-of-the-k1-visa-thnx-for-your-help/page__p__4933685__fromsearch__1#entry4933685

you might also want to use that pretty "google custom search" area at the top right and search for key words such as " checklist for k1 visa" and "checklist for i-129f"

Best of luck to yuh, and PLEASE READ, we're all one big happy family here on VJ. no lawyer fee charged and the same or even better service here

Ro

[Enigma11561 336]

Ug.. rereading this again: You are not the USC correct? Yet you are the one that sent in the petition? The USC needs to send in the petition and various documents and the payment.. Since she will be the one mostly dealing with USCIS and the NVC she should be familiarizing herself with the process (and get an account on here).. If she does it all second hand through you there will be mistakes and delays along the way....

I just caught this as well. If you are the beneficary you are not the one to be doing this paperwork. The petitioner is the one to file all the forms. How you wound up doing it is something you and your fiancee need to talk about. Certainly you should be helping, but it seems that you are not aware of everything ( actually just about everything) that needs to be done.

This is going to take longer than you want. Unfortunately, you ( both of you) did mess up and now you need to bite the bullet and do it the right way. Have your fiancee READ ALL THE GUIDES HERE. There are lot of forms and documentation you need to send in, not just one form. Both of you need to become familiar with the whole process, start to finish. It is not just filing an application. You need to know about the application, the packet information and documentation before the interview, the interview, the marriage rules, the AOS and the list goes on. Take your time. While you and she are doing research, go and visit( if possible). Or have her visit you. Work on it together. I wish you good luck.

[Moomin 292]

One thing which hasn't been mentioned in case you refile; you have to file a waiver with the new petition.

If you're in doubt to what documents, evidence and proof is needed for the petition, read the instruction for the K1 and every time you stumble upon a requirements that are relevant to your case, write it in a word document. Then when everything is gathered and ready to be sent, turn the checklist into your coverletter. Look at what primary and secondary evidence is. The country of the non USC is not listed. That might be good to know - with some countries frontloading a petition comes in handy but for others better to stick to specific evidence.

I'm not judging your actions or lack of however you cannot put the blame on USCIS for not sending an RFE. It would've been rejected had the amount been wrong or no check at all.

Edited December 8, 2011 by moomin