K-1 petition denied

[duraaraa 203]

Don't file an appeal. Just resubmit a new petition with all the information needed.

Perhaps I'm wrong, but in a case like this, where the OP has been waiting since June of last year, wouldn't an appeal be faster than a new petition?

[LeftCoastLady 441]

Perhaps I'm wrong, but in a case like this, where the OP has been waiting since June of last year, wouldn't an appeal be faster than a new petition?

The OP left out required portions of the petition package. The USCIS adjudicator denied the petition because the requirements weren't met. If it's appealed, they will probably uphold that decision. Thus, the better use of time is to resubmit the petition with the missing required details vs. waiting for the appeal response.

[Palmer 12]

Don't file an appeal. Just resubmit a new petition with all the information needed.

Do the appeals never get approved? I was told that it would be a 30 day process.

[duraaraa 203]

The OP left out required portions of the petition package. The USCIS adjudicator denied the petition because the requirements weren't met. If it's appealed, they will probably uphold that decision. Thus, the better use of time is to resubmit the petition with the missing required details vs. waiting for the appeal response.

The OP said that he/she can send in the documents with an appeal, though.

I just called the USCIS again. I can send in the appeal (Form I-290B) along with the additional information.

If they told the OP that on the phone, hopefully they wouldn't be so heartless as to deny again.

[LeftCoastLady 441]

The OP said that he/she can send in the documents with an appeal, though.

If they told the OP that on the phone, hopefully they wouldn't be so heartless as to deny again.

The OP can do what he prefers. However, the USCIS line has a reputation of being a "misinformation" line.

[duraaraa 203]

The OP can do what he prefers. However, the USCIS line has a reputation of being a "misinformation" line.

I've always noticed the people dishing out the 'misinformation' seem to be the friendliest people, though.

For whatever reason, I'm way more afraid of the people at the embassy and at POE... they seem never to smile, to be always serious, and suspicious of everything. One example, when I flew home I had a connecting flight I needed to catch, so I showed my ticket to the customs officer and asked where I should go. I ended up getting my bags checked and missing the flight because I was 'telling stories.'

Anyway, back on topic, if I were in his shoes, I would rather submit an appeal and have it possibly be decided within one month than waiting another 4-6 for a new application.

[pushbrk 12,894]

I just called the USCIS again. I can send in the appeal (Form I-290B) along with the additional information.

This is all my fault.

You can but it's a supremely bad idea. They properly denied the petition. File a new one properly instead of wasting months on a denied appeal.

Perhaps I'm wrong, but in a case like this, where the OP has been waiting since June of last year, wouldn't an appeal be faster than a new petition?

No and the appeal would be denied anyway.

[Palmer 12]

You can but it's a supremely bad idea. They properly denied the petition. File a new one properly instead of wasting months on a denied appeal.

Why is it a bad idea? The rep told me that it would be a 30 day process.

No and the appeal would be denied anyway.

Why would it be denied?

[pushbrk 12,894]

Why would it be denied?

Because they were right to deny the petition. You would be appealing whether the reason they gave you was correct. Since it was, you'll lose the appeal AND the time. You could only win the appeal if you can show compelling evidence that you actually DID send all the required supporting documentation.

This ain't my first rodeo. Same goes for the others telling you to skip the appeal and file again. We see this frequently. Time to bite the bullet.

Just to be clear, you aren't appealing whether you qualify to have a petition approved. You're only appealing whether you filed what you were supposed to file. You didn't, so you lose.

Edited January 15, 2013 by pushbrk

[Sirdaniel42 86]

Because they were right to deny the petition. You would be appealing whether the reason they gave you was correct. Since it was, you'll lose the appeal AND the time. You could only win the appeal if you can show compelling evidence that you actually DID send all the required supporting documentation.

This ain't my first rodeo. Same goes for the others telling you to skip the appeal and file again. We see this frequently. Time to bite the bullet.

Just to be clear, you aren't appealing whether you qualify to have a petition approved. You're only appealing whether you filed what you were supposed to file. You didn't, so you lose.

Please follow this advise!!!!!

[duraaraa 203]

Because they were right to deny the petition. You would be appealing whether the reason they gave you was correct. Since it was, you'll lose the appeal AND the time. You could only win the appeal if you can show compelling evidence that you actually DID send all the required supporting documentation.

This ain't my first rodeo. Same goes for the others telling you to skip the appeal and file again. We see this frequently. Time to bite the bullet.

Just to be clear, you aren't appealing whether you qualify to have a petition approved. You're only appealing whether you filed what you were supposed to file. You didn't, so you lose.

In that case, I agree with everyone else that it's best to file again.

[CarolineyAlex 6]

I am completely embarrassed to admit this.. but my fiance and I were denied in June for the same reasoning. I know what it feels like, I felt like a total idiot.. still do actually that I was that careless. BUT! Do not appeal the petition, just refile and wait it through. It is cheaper, and although it is extremely hard doing this whole waiting game over again it is the right choice! Take it as a learning lesson, learn from the mistake! I had to wait a month I believe before refilling, but it should state that on your denial notice. Keep your head up and be over prepared! Read everything multiple times, make check lists, etc! Hang in there and never forget the amazing people and their information always wanting to help on this forum!

[Heather&Ramy 22]

That's a real bummer. I'm surprised they denied your application though, instead of just requesting more information... I was under the impression that if I missed something or they simply wanted more than the samples given, they would notify me and give me a chance to send it in. I think it's really easy to miss something. I don't remember seeing instructions asking for letters of intent or proof of genuine relationship in the form of emails, letters, phone bills, etc., I only added those things to be safe since websites like this recommended it as standard. Thank God for people who have been through the process before us!

[Palmer 12]

Roger that...I guess they have to make money also.

Thanks everyone. I'm just frustrated as hell right now because of my incompetence. I neglected the directions because the form was simple on it's own and I didn't think otherwise. Just finished Skyping with my girl. She is sad but not upset like I am. We both know at some point we will be together. I think I can at least say 'this year'...

[a+j 77]

This forum is a gold mine of information. Don't get discouraged! Here are some more links you might want to check out, besides the official instructions to form i-129f.

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

http://www.visajourney.com/faq/k1faq.htm

Good luck!