K-1 petition denied

[Gary and Alla 3,694]

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?

Nothing to appeal. He did not do it right. A new CORRECT petition will be processed faster. An appeal means you believe they made a mistake and can offer evidence why. They did not make a mistake. He did not submit ANY of the needed information to establish a petionable relationship.

When you make such big mistakes, there is no "appeal", you just lose the time and money.

[Gary and Alla 3,694]

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

Yes, if they made a mistake. They did not. You woudl have to show that you DID send the information and they lost it or ignored it. If you failed to read the directions and did it wrong, that is your problem.

I helped a person appeal an AOS denial beause they said the person did not have all the vaccines needed. They DID have all the vaccines needed and submitted that proof TWICE but because a little box on the DS-3025 was not checked "vaccines complete" the adjudicator determined the vaccines were not complete. An appeal ($585.00) found that the vaccines were complete and the adjudicator had been lazy in not reviewing the vaccine record, rather than just relying on a box to be checked.

You have nothing similar, you did not comply with the requirements. You were rightly and justifiably denied. Start over, cut your losses and get on with it.

[Gary and Alla 3,694]

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.

Yes they would. The OP can send a copy of Sports Illustrated with the appeal if he likes. It makes no difference. The petition was properly denied.

[Amy_and_Victor 159]

Why would it be denied?

As people said before, because denial is not equal to RFE. In case of RFE, USCIS asking you to send more evidence so they can make a decision. In case of denial they already made a decision. You can appeal if you think they made wrong decision by mistake, but they had right to deny your petition because you didn't include required primary documentation, so to what are you going to appeal? Most likely, you'll just waste $630 fee for I-290b and still will have to start over with new I-129F. Just file new petition and this time prepare all documents, it's the best way to get a visa sooner and without wasting extra money. And don't believe too much to advices from USCIS phone line, they're often not knowlegeble and provide not the best advices, because people who answering phones don't have anything together with people who actually processing petitions. They're just phone operators trained with very basic information and with access to status of your case, they're not adjusticators, so they will read you standard answers for standart questions, but it doesn't mean that they're responsible for what adjusticators will do. [Victor from Russia]

Edited January 15, 2013 by Amy_and_Victor

[jameugiekaxavilon 25]

Read the I-129F instructions and follow them. Whatever you see listed there, that you didn't send, will be what was missing. Start by clicking on the word "guides" at the top of any page here. Study carefully and then ask any remaining questions. You simply file again, properly this time.

:thumbs: :thumbs: :thumbs:

[Gosia & Tito 199]

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'...

Don't kick yourself, it could've been worst: for example if you had hired an incompetent attorney. On top of the new petition you could be out of a couple of grand.

For the next round check with this forum at any doubt or question and even if you want to confirm things.

Good luck

[baron555 934]

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'...

This is only the first set of form and documents you need to send to the USCIS. You better get your act together and make it happen; hopefully your fiance and future wife will be understanding in the future because you didn't take care of things as the man in the household should.

[Chicagoguy 2 27]

When I applied I read EVERYTHING and then sent Everything. In a beautiful indexed 3 ring binder. It all came back within the week all reasembled. I had forgoten the their check !

Sent it the next day and never lost my place in line. Stupid mistake but we are all human.

[sanyata 16]

This is only the first set of form and documents you need to send to the USCIS. You better get your act together and make it happen; hopefully your fiance and future wife will be understanding in the future because you didn't take care of things as the man in the household should.

REALLY? Good to know.

Edited January 15, 2013 by sanyata

[candy35 4]

they dont ask u to send a letter of intent .. no does it say send pictures ... in the intructions i read it printed it out a few times had it out when i was doing my app but i sent all the other information they asked for in the instructions

[candy35 4]

i have the intruction saved on my pc im going back to read them again

[nunya business 20]

contact www.rapidvisa.com good people very helpful

[LeftCoastLady 441]

they dont ask u to send a letter of intent .. no does it say send pictures ... in the intructions i read it printed it out a few times had it out when i was doing my app but i sent all the other information they asked for in the instructions

http://www.uscis.gov/files/form/i-129finstr.pdf

Page 2, #5, Part B: "What Documents Do You Need to Prove That You Can Legally Marry?"

B. Provide original statements from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of evidence you wish to submit to establish your mutual intent;

[george-a 0]

they dont ask u to send a letter of intent .. no does it say send pictures ... in the intructions i read it printed it out a few times had it out when i was doing my app but i sent all the other information they asked for in the instructions

page 2, section 5:

Provide original statements from you and your fiance whom you plan to marry within 90 days of his or her admission....

[candy35 4]

im wrong i went back to read it and u all are right it does say send in evidence and a letter im sorry