I-129F Denied :(

[pushbrk 13,008]

I pretty much only filled out the I-129F form and mailed that in with the fee, nothing else.

So what are my options? Should I get a lawyer?

Yes, a denial is what you can expect when you file only the I-129F.

Either use the guides here to learn and do the process correctly or hire professional help.

[Bryan and Isabel 29]

there were obviously other forms to send along with other proof. its not the end of the world nor the end of the waiting. keep you head up.

[Shawn C 11]

Welcome to the family, hopefully the only reason for denial was the lack of evidence and you just need to refile.

Your VJ siblings here will take care of you, they got us through it so far

[JimVaPhuong 4,863]

I've noticed on the USCIS status updates that some petitions get rejected outright for not being properly filed, while others (like the OP's) get put away for adjudication and then denied later. The OP's petition would seem to be a classic example of not being properly filed: why wasn't it rejected right away?

I think it was more common for a petition that was lacking mandatory evidence to be rejected and returned to the petitioner back when petitions were submitted directly to the service centers. I think the document uptake employees at the service centers are better trained in what constitutes an acceptable petition package. I think the employees at the Texas lockbox facility are trained only to look for the most obvious stuff, like a check with the wrong amount for the type of petition being filed, or a missing signature on the petition form, etc. Once they've accepted the petition and cashed the check the petition is sent on to the service center. At that point, the service center doesn't have much choice except to adjudicate the petition because the check has already been cashed.

[OliverWait 7]

Worst part is that I do not know why yet. It's been almost 5 months and I received an email yesterday just telling it has been denied and I should receive a letter explaining why. So needless to say I'm freaking out. At first I had no clue why, but after looking through this site, I think I might know. I pretty much only filled out the I-129F form and mailed that in with the fee, nothing else. I figued once the backgroud checks were done they would ask for more info for the interviews. I called USCIS 3 different times and talked to 3 different people asking them what I needed to do, and they all said the only thing I need to do is fill out the I-129F form and mail it in. They also mentioned the requiremens to be eligable, but that was it. I talked to a couple lawyers also, but they wanted a few thousand dollars to handle it. I did not get the letter yet, but should in the next couple days. I don't know why I did not find this site before when searching online. It came up now in my google searces on what to do about a visa denial.

So what are my options? Should I get a lawyer?

My background... My Fiance is from the Philippines, and I have known her for 5 years now. I have been supporting her for the past 4, I helped her go back and finish highschool, and she is now in her 3rd year of college. Originally we were going to wait for her to finish college, but I figured it would be better for her to finish here (USA) and get used to the culture, language, and build a network through school. I have a lot of (daily) chat logs from Yahoo, Skype, and emails. I also have a lot of Western Union receipts and Xoom online history of me sending her money. I have visited her and met her family 2 times now and gave her an engagement ring. We are both eligieble to marry and have no criminal background. Also neither one of us have been married before, or have any kids.

I thought I might be asked for clarification or more info, but I did not expect to be denied. Would not providing enough info or documentation result in a denial? I guess worst case is that there is something in her background check that came up, but knowing her as long as I have, I would be very surprised. I feel foolish now if it is just because I did not provide enough info. I waited a few months before mailing the form while trying to make sure it was all I needed.

Thanks for any advise.

Sorry I did not introduce myself. My name is Mike... hello everyone.

Mike: You have to send actual evidence that you are in a relationship with your fiance. You can't just fill out the form and the send the check. Evidence may include the following: Copies of airplane tickets to your fiances country, pictures of the two of you together, telephone logs, evidence that you have been supporting her i.e. Western Union receipts, receipt for engagement ring, affidavits from family members and friends testifying as to the bonafides of your relationship and so on.

If you were in fact denied based on lack of evidence, perhaps you should re-apply with as much supporting documentation as possible.

[pushbrk 13,008]

I think it was more common for a petition that was lacking mandatory evidence to be rejected and returned to the petitioner back when petitions were submitted directly to the service centers. I think the document uptake employees at the service centers are better trained in what constitutes an acceptable petition package. I think the employees at the Texas lockbox facility are trained only to look for the most obvious stuff, like a check with the wrong amount for the type of petition being filed, or a missing signature on the petition form, etc. Once they've accepted the petition and cashed the check the petition is sent on to the service center. At that point, the service center doesn't have much choice except to adjudicate the petition because the check has already been cashed.

Pretty much, yes. It would be nice if the service center would deny them immediately instead of sitting on them several months first but this IS how they do it.

[happiestmanalive 23]

I'm sorry to hear about your denial. I would give advice, but everybody already covered everything. Follow this site religiously until you have a green card in hand and you will be fine

Good luck

[Ron4 22]

Actually I disagree that they are clear. The instructions do say proof of having met within the past two years, but its quite obvious how people interpret this differently. Look at previous posts and you see how some included very little and others put a lot; both were approved. Form part C, question 1, I have heard of people getting an RFE for having it blank. But it seems it could be read as "if.....blah blah blah". Therefore if you don't even meet any criteria you don't even bother to answer it. Not even with an 'N/A'. Another example would be "were you ever convicted of a crime? Y N" and the next question was "did the conviction result in prison time?" (just an example). If you answered No to the first part, why would you even bother putting something in for the second part?

That's because it actually takes very little to prove you have met, a passport stamp and a photo is enough for some countries. Some put in a lot to play on the safe side. But putting in nothing proves nothing. Not even a signed document from beneficiary? And it clearly states that if you have not met, you must include evidence of one of the accepted reasons why. In your other example it does not say if you have not been convicted of a crime you must prove why.If you have not benn convicted of a crime they see that as a good thing, if you have not met your Fiance, they see that as a red flag.

P.S. If you have never been married before, you do not need to include proof of divorce.

[Tom & Stacy 3]

Thanks everyone for the replies. I feel a little better, maybe I can sleep more than 2 hours tonight. I still don't know why I did not find this site before, it would have saved me a lot of worrying and now hassle. Like I said, it took me a couple months before I finally mailed the form because I did not know what to do. After talking to 3 different people at USCIS, and them all tell me I just needed to send in the form, I figured I was good and if needed they would just request more info.

Now, am I better off starting over and submitting a new I-129F form and all the info, following the guide on this site, or appealing the denial?

Maybe I am just jumping the gun and need to wait until I get the letter. I am just going crazy here and needed to sort of talk to someone or get some advise.

Start filling out all the forms and gathering the documents and evidence while you wait for the letter. As soon as you receive the letter, send it all in.

Sorry this has happened to you!

[TnJ 131]

It's great that you do have the evidence you need. Keep in mind that "evidence of meeting within 2 years" and "evidence of an ongoing relationship" are not the same. It is enough for USCIS to issue a denial if the "meeting within 2 years" requirement has not been met. It is a mandatory requirement. Being that you flew to see your fiancee, passport stamps are crucial, along with boarding passes, hotel receipts, flight ticket/itineraries, misc. receipts showing your presence. The photos of you together are also needed. You were right to realize evidence will be presented at the interview. However, this is the "evidence of an ongoing relationship". Your chats, emails, letters, cards, phone records, money transfers, etc. would all come in handy at the interview stage. You could include some of these with your petition as well, but they do not substitute for your "evidence of meeting" as this does not show you have met in person. It only shows your communication within your relationship and is of more importance at the interview stage. Being that your fiancee is from the Philippines, it would benefit you to follow the links in my signature as well. These links provide necessary information for the beneficiary after your petition is approved. Good luck on a smoother journey!

[Thomas and Kristi 17]

Good luck with this, friend! Just remember to keep everything so when you file for AOS you don't have to regather stuff.

[MangoAve 25]

That's because it actually takes very little to prove you have met, a passport stamp and a photo is enough for some countries. Some put in a lot to play on the safe side. But putting in nothing proves nothing. Not even a signed document from beneficiary? And it clearly states that if you have not met, you must include evidence of one of the accepted reasons why. In your other example it does not say if you have not been convicted of a crime you must prove why.If you have not benn convicted of a crime they see that as a good thing, if you have not met your Fiance, they see that as a red flag.

P.S. If you have never been married before, you do not need to include proof of divorce.

I do agree that it does state more than just the I-129F and payment are required and missing everything else is being oblivious. It is apparent that some proof of meeting is required. I was only saying certain points are not explicit w/c why some take it to extremes.

[DavenRoxy 1,073]

Mike, sorry to hear about this. But like many have said (some nicely, some not so nicely; that is the way with forums, so don't take it personally), you probably got denied because of an incomplete packet. What I would do is start over, NOW, and build a packet as outlined in the guides above. This will take some time and keep you busy while you wait for the USCIS letter. Best case scenario, you can call them after you get your letter and see if you can re-file without having to write another check. If not, then you will be out a few $$$. But I wouldn't send in the new packet until you get their letter. No sense wasting more money if they come back with a reason of " Your intended fiancée is a notorious Terrorista in the Philippines", LOL.

Worst case scenario, you are out some money and time. But 10 years from now, neither of those will matter. Use this forum, it will guide you all the way thu all processes. Many on here have done it and love to help. Best of luck, and make sure you have stocked up on lots of patience!!

And.... I would never waste any money on a lawyer. They just charge you to fill out and mail in forms that you can do yourself for free. Unless there are unusual circumstances in your lives that might prevent an emigration.

[KayDeeCee 4,894]

Thanks for all the replies.

I will wait to get the letter, but I am pretty sure the denial is due to not enough info.

So it looks like my best bet will be to refile. Now since I filed once, then do a completely new I-129F submission, there won't be any issues? It should not be too hard to get the info needed. The big hassle will be for her G-325 with signature, and passport style pics.

Along with her passport photo and G-325A with original signature, do not forget she will also need to send you a letter of intent with original signature as well. So, make sure she has everything she needs before putting them in the mail to you. You can find examples of how the forms are filled out and a letter of intent template you both can simply input your info into. Check the guide here(http://www.visajourney.com/content/k1guide) for what to include, and check out the example forms as well: http://www.visajourney.com/content/examples

[LSnBigBear 61]

Hi Mike. The good news is you know before you even receive the rejection letter what errors were made. You're on the right track with chat logs etc. Keep any money sent receipts. Include pictures and boarding passes, credit card receipts etc to show you have visited her. Just one thing as you stated you visited her a few years ago. You must have visited her within the last two years. I hope this is not a problem before you file again. Make sure so you don't waste your money.

It looks like you forfeit your $340 filing fee and 5 months. As long as you have visited her in the past two years you will be fine when you re-file.

Hey I want to send kudos to you for educating your fiancee. I like your approach to helping her more than just money. Education is a precious thing that we sometimes forget. God Speed and best of luck in your journey.