K-1 Visa denied, Motion to reopen?

[merkin&regine 18]

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.

OMG! I cant believe you did this. You know what?.. if Money is not an issue, I would suggest just get an immigration lawyer to process your K1 Visa. They will tell you everything as if you will do this again by yourself, you might send worng or lacking documents, more wait..

Just a suggestion

[iamLen 0]

I guess I am quite confused what documents specifically you sent in... Did you just send the 129F form and the fee? Did you not send in the G325A forms (petitioner and beneficiary) 2x2 passport pics (both), letter of intent (both) and proof of relationship (emails, chat transcripts, pics)??? Me and my fiancee also applied for K1 visa and didn't want to do the same mistake... As far as I know, those are the only documents needed for the petitioner to comply!

[ndu26 114]

Ok so we have all vented.

The OP probably put that bit about "knowing what you are talking about" because he feared being given wrong info by someone who just wanted to respond to a thread. Granted the tone sounded rude to me also but hey we each react differently.

Bottomline time wise? since that is your main concern: The wise thing to do is to FILE A NEW application ( this time remember to send in all required documents ). Not only is it faster. but cheaper. A friend who sent in I-130 for her mom since june( three months before I sent in mine, same center ) is yet to get her NOA 2 !!!! why? she forgot some documents so she got an RFE which she responded to still........ if she had just refiled I am sure her case will be nearing closing now like mine.

Its like they abandon your file to teach you a lesson about following instructions( my opinion)

You have heard, now you decide...let us know the outcome of your choice.

[KayDeeCee 4,893]

I guess I am quite confused what documents specifically you sent in... Did you just send the 129F form and the fee? Did you not send in the G325A forms (petitioner and beneficiary) 2x2 passport pics (both), letter of intent (both) and proof of relationship (emails, chat transcripts, pics)??? Me and my fiancee also applied for K1 visa and didn't want to do the same mistake... As far as I know, those are the only documents needed for the petitioner to comply!

Read the guide: http://www.visajourney.com/content/k1guide

You are missing important documents, one of the biggest being proof of having met in person in the last 2 years.

[JimVaPhuong 4,863]

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

No waiver would be required if this is the petitioner's first K1 petition. A waiver would be required if the petitioner had one or more K1 petitions approved within the past two years, or had ever filed two or more K1 petitions. This petition wasn't approved.

As far as RFE's go, it's USCIS policy to issue an RFE if a petition appears that it would be approvable with additional documentation or evidence. An adjudicator can't determine that a petition might be approvable if none of the required supporting documentation were provided. They don't even know if the petitioner is eligible to submit a petition. They have the discretion to issue RFE's for virtually everything else required, but they're more likely to simply deny the petition, as they did in this case.

A motion to reopen would be a huge waste of time and money. First, some of the evidence you are required to provide must exist before the petition was submitted. Since they were totally unprepared it's unlikely they have all of the evidence they'd need to submit. For example, the two passport style photos that must be included with the G-325A are supposed to have been taken within 30 days before the petition is submitted. They could deny the motion to reopen (and keep the money) just because the photos submitted with the motion to reopen were newer than the petition. To make matters worse, they could sit on the motion to reopen for months before ultimately denying it.

It would be much easier, cheaper, and probably faster to put together a proper I-129F package and resubmit.

[crazyturtle2907 0]

Ok guys I'm gonna follow your suggestions and start a new case all over again. Of cause I'm gonna read all the guides on this website as well as on the USCIS website first. I still can't believe I was stupid enough to not do that in the first place. I hope when I send it in all right with all evidence and everything that it might take less time than 5 months. Well I can only hope. Thank you all for your help though

[ndu26 114]

Ok guys I'm gonna follow your suggestions and start a new case all over again. Of cause I'm gonna read all the guides on this website as well as on the USCIS website first. I still can't believe I was stupid enough to not do that in the first place. I hope when I send it in all right with all evidence and everything that it might take less time than 5 months. Well I can only hope. Thank you all for your help though

Humility is the key to success!

we pray and hope with you.

[crazyturtle2907 0]

I have one more little question. On this website http://www.visajourney.com/content/examples its says on some of these forms "nonimmigrant visa". But of cause I want to immigrate. Am I supposed to fill them out as well then? I mean they are listed there as K-1 related forms.

[ndu26 114]

I have one more little question. On this website http://www.visajourney.com/content/examples its says on some of these forms "nonimmigrant visa". But of cause I want to immigrate. Am I supposed to fill them out as well then? I mean they are listed there as K-1 related forms.

To help you better, responders will need to have as much info as they can.

who is the petitioner and who is the beneficiary?

you guys are NOT married yet right?

where are you guys resident now?

people!!! lets do what we are known best for her on VJ...provide support

[Hank_ 9,174]

I guess I am quite confused what documents specifically you sent in... Did you just send the 129F form and the fee? Did you not send in the G325A forms (petitioner and beneficiary) 2x2 passport pics (both), letter of intent (both) and proof of relationship (emails, chat transcripts, pics)??? Me and my fiancee also applied for K1 visa and didn't want to do the same mistake... As far as I know, those are the only documents needed for the petitioner to comply!

More so than proof of relationship they need documents to prove having met in person at least once in the last two years, with photos to boot.

[pushbrk 12,994]

A motion to reopen would be a waste of money and take a lot longer than just filing again properly. Your motion will be denied because it was your mistake, not theirs.

[bigdog 376]

I think I would do a fresh start, FYI review the guides here before you send anything to them, check and double check. Unfortunately people here are opinionated and feel strong about their convictions, because they see people making the same mistakes over and over again. Keeping that in mind, try to avoid the feeling of failure during the process because you did not complete it the best you can. Sometimes an attorney might be beneficial to some but don''t think you will need one. Good Luck.

[OnMyWayID 1,489]

Ok guys I'm gonna follow your suggestions and start a new case all over again. Of cause I'm gonna read all the guides on this website as well as on the USCIS website first. I still can't believe I was stupid enough to not do that in the first place. I hope when I send it in all right with all evidence and everything that it might take less time than 5 months. Well I can only hope. Thank you all for your help though

Remember its the USC that should be filing it, not you.. She should be the one driving the process with your help.

Good luck.

[Enigma11561 336]

Ok guys I'm gonna follow your suggestions and start a new case all over again. Of cause I'm gonna read all the guides on this website as well as on the USCIS website first. I still can't believe I was stupid enough to not do that in the first place. I hope when I send it in all right with all evidence and everything that it might take less time than 5 months. Well I can only hope. Thank you all for your help though

I still do not understand why YOU are doing this. You cannot send in the forms. Only the USC. Where is your fiancee's involvement in all this? I find it strange that it is always " I" need to do something.

[Darnell 8,478]

OK - lets assume for the moment that the Human you talked to was full of cr@p.

For yer own sanity (or rather, mine) - do please ....

Call back 4 times over today and tomorrow, speak with a different Human each time, alternating between a CSR and an ISO,

record your answers in a log book, then

Friday evening, after the 4th call, post yer responses/answers back here

and then, maybe, we can give you focused response.