So our petition got denied, what's next?...SAD

[cordqueen31 0]

our case got denied before..we given 30 days to appeal a motion to reconsider and we did it. after my husband appeal we again waiting on years our case takes forever it actually take longer than 2 years until i get tired of waiting and decided not to come..but months went fast and after 2 years where our case is reviewing to many different places of INS until oneday we recieved a denial again! so what my husband did is to hire a lawyer it cost us a fortune to pay for it and he even tried to send a mail to Mr.Bill Clinton he is a us veterans and he explained his heartache of immigration status and what he wanted from america is to send his family here..for some reason i do not know if somebody received it or what but the next month we have our approval. Our lawyer just continue the process until we got here in USA. The total waiting on our visa is-----4 years! under IR1 visa. Good luck! just follow what it says in the notice and go from there!

[Michael Ruffin 1]

Sorry for your denial! If I may reading correctly, you just to submit the evidence of the relationship. I think one writer suggest calling the USCIS of where your petition is being reviewed and ask them what is need? If they allow to re-submit the proof without filing another petition that will be a better saving of $340 and time instead of waiting additional 5 months. Once you figure out what direction to take, I suggest you fill out your proof and timeline to gauge the lenght of time between each step towards your visa.

Good Luck!

Michael

[Penny Lane 8,159]

So you are in Canada, too?

I'm from Canada, yes. In the US now.

[EminTX 131]

Here's the post you're referring to:

He just sent the i-129f package without putting in any evidence documents in it!!!!

If evidence was needed, wouldn't they have simply sent an RFE? Did that occur?

Ignore that crappy first comment that was exactly that, crappy and hateful. It must be wonderful to be perfect and to be able to magically understand what a bureaucracy demands even though it is often more than what they cite on their forms and websites. (The only error in my original submission was something that wasn't addressed in the RFE. I had not found this site in the beginning while filtering through all the Google hits for lawyers and didn't know about frontloading. If only...)

There is a time tested method of taking a sheet of paper and drawing a line through the middle to divide it. Put the pros and cons of an appeal on there and THEN decide. You have a month to appeal--but what is the max wait for a response to an appeal? What is the financial cost? I know y'all want to be together soon, but do y'all have other things to do in the meantime? (finish/take classes, save up with an extra job, sit for exams--anything that could make waiting for that time period more practical for your future) List everything you can think about over the course of a few days. If you like, go ahead and prepare a packet to refile. That takes time, too and if you decide to go that route, you will have already started the process.

You don't have to decide this TODAY. Good luck.

[Penny Lane 8,159]

My guess is he read her earlier post. So YES he does know, and his answer was correct.

Perhaps his answer is correct, but there's no reason to be so rude about it when the OP is obviously upset about the situation. They made a mistake. Humans tend to do that. It's not fun to go somewhere for advice on what to to do next and be treated as if you're an idiot.

[Deputy Purple 1,294]

Sorry for your denial! If I may reading correctly, you just to submit the evidence of the relationship. I think one writer suggest calling the USCIS of where your petition is being reviewed and ask them what is need? If they allow to re-submit the proof without filing another petition that will be a better saving of $340 and time instead of waiting additional 5 months. Once you figure out what direction to take, I suggest you fill out your proof and timeline to gauge the lenght of time between each step towards your visa.

Good Luck!

Michael

The problem with what you suggest is that for an appeal you need to be able to prove that USCIS should have approved the petition. That doesn't mean you get to send new evidence, you need to show that they had enough in their hands to approve in the first place which they clearly didn't.

If the OP appeals the denial they are wasting more time since USCIS did everything right in this case.

The correct course of action is to refile but include evidence this time.

[girlwithquestions 2]

Thank you so much, guys. We decide to star our application all over again. Yeah, it is so upsetting because it is going to be another 5 to 7 months but everything is worthy!!!

The problem with what you suggest is that for an appeal you need to be able to prove that USCIS should have approved the petition. That doesn't mean you get to send new evidence, you need to show that they had enough in their hands to approve in the first place which they clearly didn't.

If the OP appeals the denial they are wasting more time since USCIS did everything right in this case.

The correct course of action is to refile but include evidence this time.

I gotcha, thanks!

[Penny Lane 8,159]

Thank you so much, guys. We decide to star our application all over again. Yeah, it is so upsetting because it is going to be another 5 to 7 months but everything is worthy!!!

I gotcha, thanks!

Good luck. If you have any questions about the process or about what you need to send in, feel free to message me.

[girlwithquestions 2]

If evidence was needed, wouldn't they have simply sent an RFE? Did that occur?

Ignore that crappy first comment that was exactly that, crappy and hateful. It must be wonderful to be perfect and to be able to magically understand what a bureaucracy demands even though it is often more than what they cite on their forms and websites. (The only error in my original submission was something that wasn't addressed in the RFE. I had not found this site in the beginning while filtering through all the Google hits for lawyers and didn't know about frontloading. If only...)

There is a time tested method of taking a sheet of paper and drawing a line through the middle to divide it. Put the pros and cons of an appeal on there and THEN decide. You have a month to appeal--but what is the max wait for a response to an appeal? What is the financial cost? I know y'all want to be together soon, but do y'all have other things to do in the meantime? (finish/take classes, save up with an extra job, sit for exams--anything that could make waiting for that time period more practical for your future) List everything you can think about over the course of a few days. If you like, go ahead and prepare a packet to refile. That takes time, too and if you decide to go that route, you will have already started the process.

You don't have to decide this TODAY. Good luck.

Thank You!!!!!!!!!!!!!!

Good luck. If you have any questions about the process or about what you need to send in, feel free to message me.

Thank you sooooooooooo much!!!

[girlwithquestions 2]

our case got denied before..we given 30 days to appeal a motion to reconsider and we did it. after my husband appeal we again waiting on years our case takes forever it actually take longer than 2 years until i get tired of waiting and decided not to come..but months went fast and after 2 years where our case is reviewing to many different places of INS until oneday we recieved a denial again! so what my husband did is to hire a lawyer it cost us a fortune to pay for it and he even tried to send a mail to Mr.Bill Clinton he is a us veterans and he explained his heartache of immigration status and what he wanted from america is to send his family here..for some reason i do not know if somebody received it or what but the next month we have our approval. Our lawyer just continue the process until we got here in USA. The total waiting on our visa is-----4 years! under IR1 visa. Good luck! just follow what it says in the notice and go from there!

Oh my, 4 years!!! I cannot even wait 4 months. Thanks for sharing your story!!!!!!

[girlwithquestions 2]

Sorry for your denial! If I may reading correctly, you just to submit the evidence of the relationship. I think one writer suggest calling the USCIS of where your petition is being reviewed and ask them what is need? If they allow to re-submit the proof without filing another petition that will be a better saving of $340 and time instead of waiting additional 5 months. Once you figure out what direction to take, I suggest you fill out your proof and timeline to gauge the lenght of time between each step towards your visa.

Good Luck!

Michael

I don't expect that they would allow me to send more documents but I will try.

[GnBnL 50]

yes, just re-file. no point in sending them documents for a case they may or may not have already ditched or lost. Easier to just put it all together yourself again.

[Kelly C 16]

Wow. This is a horribly rude thing to say to someone. Do you know why OP's petition was denied? You must, if you know they didn't "do it right"...

OP, without knowing why you were denied, it's hard to determine what the next step should be. What was the reason for denial?

Yes NoneYa talks without supporting evidence, or factual basis. If you give as much info. as you can on this formum, There alot of knowlegable people that will respond. Good luck to you guys. Kelly

[MelissaAndJordan 5]

uh.. maybe follow the instructions and do it right ? Our case was just approved so the process works if you do it right.

WOW... incredibly rude and mean and not at all what I feel the VJ community represents

[Operator 1,927]

When you discovered this problem back in September what action did you take other than the phone call to USCIS? Did you submit any of the supporting documents? Did you try to cancel the petition so you could re-file?