I290B NOTICE OF APPEAL TO THE COMMISSIONER

[khmerguy 1]

Hope someone can explain or help. After filing K-1, he then told me. So he kinda mess-up when submitting the paper work. I guess he listened to somebody else. Now he come to me for help. Anyway, when he first mail in K-1, he did not sent most of the requirement. So I told him to wait until he get an RFE but again he didn't wait. He sent more documents and I guess he paid another application fee. I guess because of that, he got an I290B NOTICE OF APPEAL TO THE COMMISSIONER.

On June 18, 2012, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.

This is all i know. Please explain what this mean and what is the next step? thx

Vermont Svcs Center

Fiancee in Cambodia

Edited March 12, 2013 by khmerguy

[khmerguy 1]

Ok just found out. He got a K-1 denial then there's an option if he want to appeal. If so, pay the fee w/I290B. So he did. Until now, no news.

[Villanelle 4,122]

Mmm your post is kind of confusing. What I can gather is- your friend sent in an incomplete K1 packet. It was denied for being incomplete. He then sent in the missing parts along with the appeal and paid the appeal fee. He received a notice stating, we received your notice to appeal. Youre now asking what happens? Yes?

Basically appeals take a long time. Apx 6 months. IMO his appeal is going to be denied. It was a waste of money. They were correct to deny him because his initial packet was incomplete. So when they do get to reviewing his appeal (which like I said will take about 6 months) theyre going to find that the original decision to deny it was correct. It was incomplete. He will receive a notice stating the original decision was correct.

There is a slight chance the appeals board will reverse the original decision and accept his initial petition, now that he sent in the missing parts with the appeal, but its highly unlikely. His initial packet was incomplete. He has no grounds to appeal it and win.

The best thing he can do is start over with a new K1 packet and make sure it is complete from the start.

(the only parts that dont make sense that perhaps you can clarify is the timeline part? I dont understand how he was denied (?) He sent in an incomplete packet. Okay. He should have gotten and RFE and not an immediate denial. Did he not respond to the RFE? Thats the only way he wouldve gotten the denial. It seems like thats what happened. Now that he got the denial, thats it. Like I said, he cant submit the missing docs with the appeal. The only time they couldve been submitted wouldve been with the RFE. If he did submit docs with the RFE and then still got a denial thats something different though, so clarification on that will make things different)

[khmerguy 1]

Thanks Carpi for the reply.

I just spoke with him again and he said he never receive RFE. After the 1st check was cashed and later sometime, he received a denial letter stating incomplete packet. I didn't see how the letter stated, but based on him, he said K-1 denial and if want to appeal he must pay the fee along w/I290B and supported doc. So he did appeal in Jun 2012. Jan 2013, he received an email from USCIS. I guess he must have contact them in Dec 2012 and maybe the email was just a follow-up. Anyway, the email said, "his case is currently under review. He should receive a decision or notice of other action within 90 days from the letter date."

Should he wait until May 2013 since that's 90 working day?

So i guess he might be rejected again? What the best option?

Edited March 12, 2013 by khmerguy

[Villanelle 4,122]

Well its always hard to help somebody when youre passing info back and forth through 3rd parties.

Do you know what was missing from his initial packet? Was it some documents? All the documents? Its very rare for RFEs not to be issued for one missing document. The only thing I can think of is if he just sent the form and the check and nothing else at all.

Then possibly maybe they just denied it because it was so incredibly incomplete to RFE for so many things was silly so it was denied (?) Im kind of just speculating here. Typically if you forgot the letter of intent, you get the RFE. If you forgot the photo, you get RFE. etc. I can see if you forgot everything them keeping your fee and choosing to deny you rather then RFEing you for everything.

The points above remain the same. In order to have a successful appeal you need a reason why they were wrong to deny you. Basically they werent wrong to deny the initial packet. It was incomplete.

He can wait for the appeal process to finish since he is very close to its completion. (I dont know too much about RFEs and if they are 'required' to send them out or not. Meaning what I said above about if they chose to deny it rather then issue the RFE, you or he would have to research that -or maybe someone who knows the answer will post it- ) if they simply chose not to RFE and deny, then his appeal could be granted. If theyre not required to RFE in those cases then its like I said, he was incomplete and they were correct to deny him. Hes not going to win, so theres no point in waiting.

[TBoneTX 45,309]

*** Thread moved from K-1 Process forum to the Case Progress subforum. ***

[khmerguy 1]

you're right about passing msg. I, myself, don't know the whole issue why he's not getting RFE. Maybe when i meet him in person and see the letter then i might know. When I asked, it seem like he dddn't know. So i guess it hard to help. Ok this might be easy to answer as a general rule. Decision on I290B will let him know in 90 day. If after 90 days, they denial again, should he start all over again on his K-1 application?

thx

Edited March 13, 2013 by khmerguy

[Villanelle 4,122]

Yes. He most likely will have the decision on his 290b with in the next 90 days. It most likely will be that the initial denial stands.

I believe the original form states incomplete applications will be rejected/denied and we keep your money blah blah blah- there is no basis to appeal and win, however law states that you have the right to appeal when youre denied so whenever youre denied they send you the appeal form because its your right to appeal it.

He can wait the 90 days to get the results of his appeal back and refile OR he can refile now.

If he refiles now and the appeal comes back approved (unlikely) then he wasted the money on the second K1. If he refiles now the second K1 and the appeal comes back denied (most likely) he got a 90 day or so head start on the second K1. With the slow processing times lately the head start may be preferable.

Its really his decision. I dont know his financial situation or how the separation is effecting him. Perhaps he can afford the fees and they travel freely and constantly through the VWP and neither are really pressing concerns.

The only thing I would stress is to urge him to review the guides and ensure the second petition is complete this time.

[khmerguy 1]

You're a great helper, Carpi . If there's a "Like/Thanks" button, i'll definitely give u. Just my opinion, he should have told/ask me before he start his K-1 application. This is what wrong w/some Asian peep. They like to hide until thing screw up then they come for your help. Instead he listen to some1 else who had no experience in the K-1. I'm not an expert but my process from start to finish was less than 6mth. All credit to the VJ community. Without them, i'm lost. So far he wasted almost 1K (K-1 and appeal fee)..

But anyhow, i will let he know if he wants to refile now instead of waiting for until May2013.

Ok, say he refile now and the I290B approved, what happen to his second K-1? Is the second K-1 will be voided by K-1 processor?

Edited March 14, 2013 by khmerguy

[Villanelle 4,122]

If his first K1 gets approved with the 290B and he had submitted a second K1, hes going to have to contact USCIS either by infopass or by speaking to a tier 2 rep and find out specifically what he needs to do.

They should administratively close one. It may take a long time. It may only be closed once the first K1 is completed. So he may have 2 K1s moving along at the same time. That would not be good. It would be confusing and may cause errors. He might want to send a request to manually withdraw the second K1 rather then wait around for them to close it out.

I have seen people send in multiple petitions and they do administratively close them out, but like I said, its only when one is completed. And you can also request it to be closed.

So those are really the only two ways I can see if it does go that route.

But again I really dont see his motion being approved. If it is that would be great, but most likely the above is a scenario that is never going to play out. (its still good to know though as a just in case)

[khmerguy 1]

Recap:

The 1st K-1 was denied and then he filed a I290B appeal. Until now, no news but he has until next month to know the answer if the appeal denial or approval. Let say it's a denial and in June 2013, he resubmit the 2nd K-1 all over again.

Question in K-1:

Part A: Information about you

Q11: Have you ever filed for this or any other alien fiance(e) or husband/wife before? If "Yes", give name of all aliens, place and date of filing.

What is the answer here? If yes, does he need to explain why? Or the answer is No?

thx

Edited April 22, 2013 by khmerguy