Petition DENIED??

[Mark + Melissa 49]

I am so upset. Our petition was denied at USCIS. I can't think why? We are both free to marry, I make more than enough money, we have visited in the last two years, and have provided plenty of proof of relationship. Our RFE was for divorce certificates, which we provided, as well as intent to marry letters (again) which we provided for the second time. I already have the appeal for downloaded, even though I don't know why we were denied (by the way, appeal is $630. Does anyone have any experience in doing an appeal?

I suppose I should wait until I have the reasoning, but I am completely floored, and I just don't know how I"m going to tell him. I'm so upset right now.

[kittylondon 47]

Oh my god, i'm so sorry. Stay strong, and don't bear this burden alone.

[Deputy Purple 1,294]

Why appeal when it takes longer and costs more than filing a new petition?

Double check the Divorce documents you provided, was it the final decree with all of the stamps from the Clerk of the Circuit Court?

[Mark + Melissa 49]

Why appeal when it takes longer and costs more than filing a new petition?

Double check the Divorce documents you provided, was it the final decree with all of the stamps from the Clerk of the Circuit Court?

yes, it was...his isn't signed, but it's from UK and can't be signed. so we went with a second degree of extract in which he had a clerk sign it when we sent it in with the RFE..

[aaron2020 11,651]

I am so upset. Our petition was denied at USCIS. I can't think why? We are both free to marry, I make more than enough money, we have visited in the last two years, and have provided plenty of proof of relationship. Our RFE was for divorce certificates, which we provided, as well as intent to marry letters (again) which we provided for the second time. I already have the appeal for downloaded, even though I don't know why we were denied (by the way, appeal is $630. Does anyone have any experience in doing an appeal?

I suppose I should wait until I have the reasoning, but I am completely floored, and I just don't know how I"m going to tell him. I'm so upset right now.

You need to determine why the petition was denied. For some unknown reason, USCIS found your reply to the RFE to be flawed. Your response needs to address this unknown.

[didopage 337]

I'm so sorry…

Are you sure there was no problem with a waiting time after the divorce (like "at long last"'s recent denial)?

[Harpa Timsah 13,258]

Your petition was denied because of an inadequate response to the RFE. Whatever you sent them (Divorce decrees) was still not the correct document. Better figure out what they require and send in a new petition. Good luck.

[Andie 147]

I understand exactly how you are feeling about this right now, its pretty rough .... wait till you know more - you can only guess at the reasons until you know for sure, maybe the time frame after the divorce but maybe not. An appeal takes longer and is more expensive so if you do have to supply more information you are better to restart with a new petition than try to appeal.

Sorry to hear ... all the best to you both

[Mark + Melissa 49]

I have just told him (quite tearfully I might add.. still crying here). He is sending me the money to retain an immigration attorney immediately and start all over. I am curious what the denial will be, but it will NOT keep us from being together, just delays us a few more months and absolutely kills the Florida vacation we had planned for June

I am very curious what the letter says, and extremely upset/pissed off/frustrated. Perhaps it's a test of our relationship, but God willing, we will be together by September or October.

[Mark + Melissa 49]

We've just poured through everything again, and we can only think of two things - 1 not enough evidence, or 2- his name. He was born under one name, but by Scottish law, you don't have to 'legally' change your name for it to be considered a legal name change. You just start using it. You could register to change things but yo don't have to. He's 52 and has never had a need to register the name change. So his birth certificate says one thing, but all his other paperwork refer to his new name with a reference to his former.

We will find out soon though..either way that's for the lawyer to deal with. this time it WILL happen!!

[Harpa Timsah 13,258]

Did you read my response? When did you send back the RFE? When did you get the denial?

They won't deny for something like a name change or lack of evidence - they will send an RFE. If they already sent a RFE for something and you sent back an inadequate reply, then they will deny.

Edited January 26, 2012 by Harpa Timsah

[Mark + Melissa 49]

Did you read my response? When did you send back the RFE? When did you get the denial?

They won't deny for something like a name change or lack of evidence - they will send an RFE. If they already sent a RFE for something and you sent back an inadequate reply, then they will deny.

They RFE'd us for new letters of intents to marry, his divorce certificate being unsigned from Scotland, my divroce certificate again (am assuming they couldn't see the stamp), and a copy of my passport (as I forgot to include that). That's all they RFE'd us for. We sent in brand new letters signed in blue ink, a certified copy of my divorce certificate that I went up to the courthouse to get, and he finally found someone who would issue another "Ectract of divorce" from Scotland AND sign it (signing divorce paperwork is not common in UK). The Intents to marry were the same templates here on this site, and we assumed that it was because they were signed in black ink that may be they didn't think the signatures were valid. We were not RFE'd for documentation of relationship or visit. The evidence I sent them of our relationship was almost 3 inches thick and included photographs of us together, Facebook posts, chat logs, call logs, phone logs, and photos from when I visited him. As for the "free to marry waiting period" we are both definitely outside of that! Will post an update when the letter comes.

Either way.. I am retaining a lawyer today to make sure it's not screwed up this time

[NateFP 10]

They RFE'd us for new letters of intents to marry, his divorce certificate being unsigned from Scotland, my divroce certificate again (am assuming they couldn't see the stamp), and a copy of my passport (as I forgot to include that). That's all they RFE'd us for. We sent in brand new letters signed in blue ink, a certified copy of my divorce certificate that I went up to the courthouse to get, and he finally found someone who would issue another "Ectract of divorce" from Scotland AND sign it (signing divorce paperwork is not common in UK). The Intents to marry were the same templates here on this site, and we assumed that it was because they were signed in black ink that may be they didn't think the signatures were valid. We were not RFE'd for documentation of relationship or visit. The evidence I sent them of our relationship was almost 3 inches thick and included photographs of us together, Facebook posts, chat logs, call logs, phone logs, and photos from when I visited him. As for the "free to marry waiting period" we are both definitely outside of that! Will post an update when the letter comes.

Either way.. I am retaining a lawyer today to make sure it's not screwed up this time

This is sad.But be patient. Everything gonna work when the day comes and God willing. Have Faith in your God.Stay strong.

[at long last 58]

Hi There

We are also still waiting for the denial letter but feel 99.9% that ours was for "not free to marry" Missed by under a week. BUT stay committed to each other and the process to be together. We have already compiled our new petition and my fiance is flying up to Canada next Friday so everything can be signed triple checked and mailed off. USCIS told me the petition can be mailed from Canada.

So hang in there and just make the corrections and carry on. So our plans got messed up. Everything happens for a reason I believe and in it's own time.

We will make it and so will you.

Looks like we will be hanging here together as well for this year.

Terri

[Harpa Timsah 13,258]

They RFE'd us for new letters of intents to marry, his divorce certificate being unsigned from Scotland, my divroce certificate again (am assuming they couldn't see the stamp), and a copy of my passport (as I forgot to include that). That's all they RFE'd us for. We sent in brand new letters signed in blue ink, a certified copy of my divorce certificate that I went up to the courthouse to get, and he finally found someone who would issue another "Ectract of divorce" from Scotland AND sign it (signing divorce paperwork is not common in UK). The Intents to marry were the same templates here on this site, and we assumed that it was because they were signed in black ink that may be they didn't think the signatures were valid. We were not RFE'd for documentation of relationship or visit. The evidence I sent them of our relationship was almost 3 inches thick and included photographs of us together, Facebook posts, chat logs, call logs, phone logs, and photos from when I visited him. As for the "free to marry waiting period" we are both definitely outside of that! Will post an update when the letter comes.

Either way.. I am retaining a lawyer today to make sure it's not screwed up this time

My feeling from your story is that the divorce certs you sent were still not sufficient. They weren't sufficient the first time, and I think you response to the RFE was still not sufficient. That is why I ask for the timeline - RFE, RFE reply, denial. If they were right after the other, then you can make a good guess that is the reason. Like I said, they send an RFE if there is a problem, and if the response is not sufficient, they will deny. You only get one shot to correctly reply to an RFE. You'll know the reason soon anyway, but being able to extrapolate the different parts will help you in this process. Here is the requirements for divorce certs from Scotland. Did you send this?

"Scotland: Available. If a divorce has taken place after May 1, 1984, a decree from the divorce is available from the Registrar General, New Register House, Edinburgh EH1 3YT. If the divorce took place before March, 1984, a decree from the divorce is available from the Deputy Clerk of Sessions, 1 Parliament Square, Edinburgh EH1 1RQ. A marriage extract issued by the Deputy Clerk of Sessions subsequent to the granting of a divorce in Scotland (of a marriage, which has taken place in Scotland,) will bear an endorsement relating to the divorce."

http://travel.state.gov/visa/fees/fees_5455.html?cid=8993#docs

Best of luck.

Edited January 27, 2012 by Harpa Timsah