K-3 Denied!!

[doodads 0]

I submitted the I-130 for my wife in March 2006 and received the NOA-2 in October.

I submitted the I-129F for my wife in early June 2006 (old form). I heard nothing about it until I received a letter yesterday from DHS. It was a Notice of Decision. It said that they sent me a RFE, and that I did not respond in 87 days, so they consider the application abandoned, and denied it. I NEVER received any RFE.

They say that there is no appeal to the decision. "If you desifre to file a motion to reopen or reconsider, you must do so in writing withing 30 days fro the date of this notice, .... together with the currenet required fee."

It looks like they want me to send in the fee AGAIN!!!!! I am pissed!!!!!

Can anybody offer me any advice as what to do?

Thanks,

Bob

[payxibka 10,045]

I submitted the I-130 for my wife in March 2006 and received the NOA-2 in October.

I submitted the I-129F for my wife in early June 2006 (old form). I heard nothing about it until I received a letter yesterday from DHS. It was a Notice of Decision. It said that they sent me a RFE, and that I did not respond in 87 days, so they consider the application abandoned, and denied it. I NEVER received any RFE.

They say that there is no appeal to the decision. "If you desifre to file a motion to reopen or reconsider, you must do so in writing withing 30 days fro the date of this notice, .... together with the currenet required fee."

It looks like they want me to send in the fee AGAIN!!!!! I am pissed!!!!!

Can anybody offer me any advice as what to do?

Thanks,

Bob

Your petition was denied not your K-3 as there is a difference but does not change the situation much or how you are feeling. It has happened before to others and I wish you luck as you still have the I-130 path.

[YuAndDan 153]

Your petition was denied not your K-3 as there is a difference but does not change the situation much or how you are feeling. It has happened before to others and I wish you luck as you still have the I-130 path.

Sounds like fallout from IMBRA. Are you still tracking your I-130 petition, has it made it through NVC?

The I-130 will generate the CR-1 visa, and from what I have been seeing has not been much longer than the K-3 would have taken, and the CR-1 has the advantage of no AOS, and EAD applications to deal with.

So I guess I would look at the positive side of things.

[Ruticus14d 0]

Well theres nothing I can say to make you feel better other than to remind you that you can still follow through with the I-130. I can only imagine how pissed off you might be but try to remember that not all is lost... they havent denied you... they just screwed up and now the process will take longer. I know that might not be what you want to hear but it could be sooo much worse. As far as the fee in concearned I would get a hold of your local congressman and file some complaints. You'll have to write or call their office and then fill out a privacy waiver but you might be surprised what they can do to help out members of their constituency. You could also call the USCIS helpline and ask for direction. Good luck with everything.

[Jersey Girl 2]

Sorry you hit a nasty bump in the road, but it's not the end of it. Keep pursuing your I-130.

[Reba 2]

helpline won't be able to help any. They'll just tell him the same thing that's on the letter he received. If they can even tell him that much.

Re-submitting the I-129F would put the K3 process at another 6 months anyhow. You're better off just doing the CR1. If the I-130 was approved in October, you've just got a few months to go, and if you reply to NVC in a timely manner, it shouldn't be too long.

[twood2k 0]

I submitted the I-130 for my wife in March 2006 and received the NOA-2 in October.

I submitted the I-129F for my wife in early June 2006 (old form). I heard nothing about it until I received a letter yesterday from DHS. It was a Notice of Decision. It said that they sent me a RFE, and that I did not respond in 87 days, so they consider the application abandoned, and denied it. I NEVER received any RFE.

They say that there is no appeal to the decision. "If you desifre to file a motion to reopen or reconsider, you must do so in writing withing 30 days fro the date of this notice, .... together with the currenet required fee."

It looks like they want me to send in the fee AGAIN!!!!! I am pissed!!!!!

Can anybody offer me any advice as what to do?

Thanks,

Bob

Sorry to hear this but I am very curious too....

Did you speak to USCIS and check your online status during this period of time?

There was nothing to tell you that an RFE was sent?

If this is true then WOW! I would be on the phone to my congress person or senator ASAP!

[Savanphil 3]

I'm truly sorry this happened to you. I hope you can get things sorted out soon.

When you are persuing your Cr1, please follow it very closely. So this sort of thing doesn't happen again. You can check online or call to keep track of the status of your case. Good Luck

[aussiewench 9]

Another member posted just the other day regarding the same situation.

http://www.visajourney.com/forums/index.php?showtopic=42568&hl=

I'm sorry that this has happened, it sucks. The time it is going to take to re-open/reconsider or refiling of the I-129F is possibly going to be a waste of money as you already have the I-130 approved.

All the best.

[doodads 0]

My Case information for my account online has not changed since my paperwork was received on June 1. I have contacted the offices of my congressman and one senator, and they both said they will talk to the Missouri Center.

Bob

[The_dip_sticks 0]

I cant offer any advice but I hope that God gives you the answers that you need and guids you in in the right path of your visa journey. At least you have the consolation of knwoing that you 130 is still good and it has been approved.