NOTICE OF DECISION

[Wisjam 0]

I haven't posted in quite some time. I've been waiting since October for word from USCIS regarding my fiance's 221g. I wasn't sure how to proceed since the CO didn't give a reason for the 221g, request any additional info, or even sign the paper. He said that the USCIS would send me a letter with the info.I grew tired of speculating what might have caused the problem and decided to sit back and wait for further info. Today I recieved a letter that read as follows:

This notice notice is in reference to the form I-129F, Petition for an Alien Fiance(e), filed persuant to section 101 (a)(15)(k) of the Immigration Nationality Act, as ammended. The petition was approved and was forwarded abroad to a US Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to the USCIS with a finding that the beneficiary was not issued the requested K-1 visa. Since the period of validity has now expired, the petition will not be revisited. Therefore, in accordance with 8C.F.R. 214.2(k)(5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new form I-129F, Petirion for an Alien Fiance(e), for the beneficiary with a fee.

Can someone please translate this into English for me?

[Inky 1,110]

Basically says they sent the petition back to USCIS and it is now expired and they will not open / look at it again. You can file a new I-129F petition if you want with new fee new forms / evidence etc.

[Wisjam 0]

Wow! I wish they would have given me a reason. Makes it hard to reapply with no understanding of why the initial petition was not approved. Weren't they supposed to return my documents as well?

[Inky 1,110]

Wow! I wish they would have given me a reason. Makes it hard to reapply with no understanding of why the initial petition was not approved. Weren't they supposed to return my documents as well?

Not sure if they were supposed to return them or not.

You could try filing a FOIA against the embassy for reason of denial. There have been some people who have done this and gotten results from it.

- edit actually since USCIS has your papers now you may want to file the FOIA with them not the embassy.

Edited May 15, 2012 by Inky

[Penguin_ie 5,993]

Basically, the petition was sent back to USCIS by the embassy. They then let it expire, rather than review it. It is dead.

Your options are to re-file for the K1, paying the fee again, or to get married and file for a CR-1 spousal visa. But first you must somehow find out why the visa was denied, otherwise you cannot ensure it will not be denied a second time.

[Wisjam 0]

Basically, the petition was sent back to USCIS by the embassy. They then let it expire, rather than review it. It is dead.

Your options are to re-file for the K1, paying the fee again, or to get married and file for a CR-1 spousal visa. But first you must somehow find out why the visa was denied, otherwise you cannot ensure it will not be denied a second time.

Yes, My fiance wants me to come down, get married and file for CR-1. I am weary of going this route because I fear that we will be denied again. I have a feeling that the CO just had a bad feeling about him/me/us/the relatinship, but no evidence to base his feelings on. Everyone else exiting the interview had a list of things they needed to provide. We got nothing but a letter saying "new evidence was provided during the interview that was not previously available". We have gone over the interview a million times, nothing really stands out, but of course we can speculate about 1000 things.

I don't see how either refiling a k-1 or filing for a CR-1 would bring different results if we don't know what was holding us back in the first place.

I will look into FOIA.

I am so frustrated.

[JesWe 1]

I have nothing other than I just want to say I'm so sorry. I can't imagine how frustrating this must be for you.

[Therealworld 90]

Although marraige is a option I would first try to find a reason of why the case was originally returned first. I am wishing you luck!

[chadobrian 0]

did he get a 221g...paper stating that it was being sent back for more review or more evidence

[Wisjam 0]

did he get a 221g...paper stating that it was being sent back for more review or more evidence

He did get a 221g stating that it was going back for further review. No further evidence was requested on the letter. No reason was stated (doubt of relationship or otherwise). It was very vague, only stating that new evidence was made available that was not previously available. After going over the interview with him, it doesn't seem that any of his answers could have been "new evidence". Everything was on the initial petition. We had every detail in order, no missing documents etc.

[chadobrian 0]

I know ...same here did you contact them at all before this when was interview...it would be nice and helpful if u knew yyy before refile

[Wisjam 0]

I know ...same here did you contact them at all before this when was interview...it would be nice and helpful if u knew yyy before refile

The "crowd control" guy outside told me they wouldn't tell me the reason. I should wait for the US to contact me, they would give me the reason. I emailed the Jamaican Embassy 3 times... no reply. I figured we would get a reason from the US and could proceed from there. Our interview was the end of October. It seems silly to refile unless we know a reason. It's almost like they want people stuck at a dead end. I don't have the resources to continue to blindly file over and over again. It's hard to believe that they can't just disclose the reason. I mean it must have been written on our returned petition, right? It makes you wonder if there was a valid reason. Sorry, I'm done venting now. I'm so sorry you are in the same situation. I recommend that you call call call USCIS. I didn't know that they could just let it expire. I wasn't given anything that said it would expire in four months until AFTER the four months was up. Boy did they contact me quickly once it expired, though!

[eric n tessa 1]

i would just like to say i am sorry for what you are going through. i know your pain all to well as i / my fiancee from China was denied and given a 221g. in our case they simply did not believe we had a "bonified" relationship, even though i was there with her, waiting outside of course. I am sorry but i really dont have any good news. i went back to the embassy in person afterwards to appeal but it didn't help at all. i was so sure we had everything in order and she would pass i was in shock. long story short, i filed the FOIA to the USCIS trying to find out why she was denied, never got anything back on that and its been years now. the guy at the embassy, the same ones that do the interviews, told me he has seen cases like this and sometimes they (fiancee) just disapear at the airports after arriving in the USA?? my thought wt*?

well we tried the CR-1 route also but our relationship fell apart before that got very far.

in the end all i can say is good luck! i would reapply the K-1, after visiting again and hope for the best.

[Nigeria Daniel 0]

That is one of the advantages of CR1 over K1

Is your love worth waiting for? Is she the one that God assigned to you? You may decide to wait

My CR1 was not approved after first interview. Now after 9 months of cr1 first interview, my case is reaffirmed; on its way for second interview

Think about the future. To get the real reason why you were denied, you can go through your senator. You have a right to know; let your senator speaks for you

Generally, I think the reason is one of the many reasons why majority are denied: feeling that your relationship was for immigration purpose only. Make sure you go through formal marriage process according to Jamaica local culture

Wish you all the best

[Wisjam 0]

That is one of the advantages of CR1 over K1

Is your love worth waiting for? Is she the one that God assigned to you? You may decide to wait

My CR1 was not approved after first interview. Now after 9 months of cr1 first interview, my case is reaffirmed; on its way for second interview

Think about the future. To get the real reason why you were denied, you can go through your senator. You have a right to know; let your senator speaks for you

Generally, I think the reason is one of the many reasons why majority are denied: feeling that your relationship was for immigration purpose only. Make sure you go through formal marriage process according to Jamaica local culture

Wish you all the best

Thank you for the reply and advice. I am going to have to think over the k1 vs cr1 options. Any advice on the pros and cons of both would be appreciated (I obviously have no clue what I am doing ).