Appeal or not to appeal?

[olatunde 9]

refile and add supporting documents such chatting, phone call, traveling documents and any other items that showed you guys and communicating. Good luck

[Grant PDX 183]

IMBRA not an issue. That counts approved petitions.

Refile, as everyone else said. Don't use an attorney. In a straightforward case like yours, if you use an attorney you will spend maybe 3-4 hours over a week or two gathering required documents and info. If you don't use an attorney you will spend 3-4 hours over a week or two gathering required documents and info. About the same, right?

Then the attorney will go back and forth with you over a few weeks, making sure everything is perfect, slowing your process. Then they will have someone type up your documents who is likely to make more errors than you, because they aren't you, they could and have made spelling mistakes, date mistakes, etc. that you are a lot less likely to make.

And for this service, slowing down and putting typos in your petition, they will charge you a nominal fee. The guides here are very clear. Even I was able to follow them successfully. Save time, money, and aggravation. VisaJourney is your friend.

Good luck!

[St&Sv 33]

IMBRA not an issue. That counts approved petitions.

Refile, as everyone else said. Don't use an attorney. In a straightforward case like yours, if you use an attorney you will spend maybe 3-4 hours over a week or two gathering required documents and info. If you don't use an attorney you will spend 3-4 hours over a week or two gathering required documents and info. About the same, right?

Then the attorney will go back and forth with you over a few weeks, making sure everything is perfect, slowing your process. Then they will have someone type up your documents who is likely to make more errors than you, because they aren't you, they could and have made spelling mistakes, date mistakes, etc. that you are a lot less likely to make.

And for this service, slowing down and putting typos in your petition, they will charge you a nominal fee. The guides here are very clear. Even I was able to follow them successfully. Save time, money, and aggravation. VisaJourney is your friend.

Good luck!

If only I could have told my old man this before he filed for his CR-1 through a lawyer, and now it seems he is waiting a longer time then normal because of it.

[loladolly 51]

Ok, so here is my situation. I was following the advice of an US embassy employee when I first filed my I-129F in November 2012. According to her, "All you need to send is the I129F and the check and USCIS will contact you with a list of required documents and proof statements." So, I sent just that, I129F and a check for $340. And waited (Fat, dumb and happy), until 3 months went by and still no request for information. I called and was told "Your information is still under initial review, and it's best to wait." So, I waited. Well, needless to say, I received the denial letter stating "The petition you filed did not contain any initial evidence or supporting documentation. You have failed to comply with regulatory requirements for documents to support your petition, as out lined in the instructions on the Form Petition for Alien Fiancé (Form I-129F).

I realize this is all my fault and I feel like a heel for not researching more prior to my sending of documents. I'm curious as to whether or not to appeal the denial? When I called the USCIS a very helpful staffer told me to just send in the required information with the I290B (Notice of Appeal or Motion) paperwork and it will be no problem. This process is another $630. But, if approved the wait will be very short. When I called an attorney about possibly handing my appeal because of the legal prowess necessary to write a legal brief, I was informed many appeals are denied and even if the USCIS approves it, the Embassy or the interviewer in the Philippines can deny it at anytime, or really make the interview very difficult for my fiancé. His advise was to wait for the case to be dismissed (30 days) then start the whole process again. They will handle everything for me for a mere $975 (flat rate) + filing fees.

I am open to any and all suggestions. I've got calls into several other attorney's to see if this guy was just wanting my business or if I really don't have much of a chance in my appeal.

I will note, Neither of us has ever been arrested, married, have children etc. I have traveled there, have pictures with her and her family, lots of receipts and travel documents, tax forms, letters of intent to marry etc.

Thank you so much for your input.

Mark

Wow i am amazed that an embassy employee told you such stupid things ! How didn't he/she know that you have to submit initial evidence with the I129f petition ! I mean you should have read the instructions (either on I129f instruction form or VJ guides) but as an embassy employee i understand that you just decided to trust him/her. This is just unacceptable!

[Boiler 46,364]

Wow i am amazed that an embassy employee told you such stupid things ! How didn't he/she know that you have to submit initial evidence with the I129f petition ! I mean you should have read the instructions (either on I129f instruction form or VJ guides) but as an embassy employee i understand that you just decided to trust him/her. This is just unacceptable!

I think he realises he made a mistake.

[Ebunoluwa 6,136]

Nothing to appeal.
Refile.
Research the VJ guides closely on the tab above, you really do not need a lawyer. If you feel you still want a lawyer, his fee is reasonable.
I suggest doing it yourself and come back to ask questions if you don't understand something and save the attorney fees and buy a ticket to visit again instead.

Best wishes ~

[Juliet and Steve 93]

Revile and follow the Guides. Period

Indeed, follow everyone's advice EXCEPT baron555's advice. If you revile--you're in big trouble!

v. re·viled, re·vil·ing, re·viles

v.tr.

To assail with abusive language; vituperate. See Synonyms at scold.

ok....I know it was just a spelling error, still I couldn't help myself! hehe...

Edited May 26, 2013 by Juliet and Steve

[julitathomas0810 30]

Our prayers go out to you guys for strength to endure this process again . Everything you need is on this site to prepare your I129F . Guides helpful members too ! This site is a true blessing for sure .

Godbless

[del-2-5-2014 1,339]

Wow i am amazed that an embassy employee told you such stupid things ! How didn't he/she know that you have to submit initial evidence with the I129f petition ! I mean you should have read the instructions (either on I129f instruction form or VJ guides) but as an embassy employee i understand that you just decided to trust him/her. This is just unacceptable!

This brings up a good point.

Are DOS employees familiar with USCIS adjudicating process?

[Kasoma 3]

Too bad for the mistake you made but the best option is to refile right away and there is no need to use an attorney Use this website and you will reach there.

Good luck

[loladolly 51]

I think he realises he made a mistake.

Yea no Kidding , i was not blaming him/her but the consular employee who said something this stupid and lead this couple to being denied (even though i said they also have their part of guilt in this). Do you realize that this person who works at a US embassy just said whatever to them? I would start something to get this person fired right away, this is a big professional mistake, you either know what you are talking about and don't say BS or you don't know and don't allow yourself to give immigration advice to people.

This brings up a good point.

Are DOS employees familiar with USCIS adjudicating process?

Exactly, it looks like they are not....

Edited May 26, 2013 by loladolly

[Helinut 1]

Yea no Kidding , i was not blaming him/her but the consular employee who said something this stupid and lead this couple to being denied (even though i said they also have their part of guilt in this). Do you realize that this person who works at a US embassy just said whatever to them? I would start something to get this person fired right away, this is a big professional mistake, you either know what you are talking about and don't say BS or you don't know and don't allow yourself to give immigration advice to people.

Exactly, it looks like they are not....

Yes, I really wish I had written down this women's name and number. If nothing else to speak with her supervisor about her "attempt" to be helpful. I don't think she had malice in mind when she advised me, just very poor understanding. It was truly a case of 'the blind leading the blind". haha. Lesson learned. I only hope I get the opportunity to help someone else avoid this situation.

Once again, thank you all for your support in this process. I'm now planning to re-file after my current I-129F expires, write a letter to get a waiver and begin the waiting process again. Good news, I get to see Hazel again in August. I just can't wait another six months to see her. hehe.

Mark

[Boiler 46,364]

This brings up a good point.

Are DOS employees familiar with USCIS adjudicating process?

Why would they be and why would a probably minimum wage call center operator be?

[del-2-5-2014 1,339]

Why would they be and why would a probably minimum wage call center operator be?

Well if they are going to be doling out information then they should be.

[Ebunoluwa 6,136]

It is apples and oranges. Two different agencies with different jobs to do. One is not expected to know the other departments job, that is not in their job description.
If an entirely different agency blabs out advice on another agencies procedure, then it is always our responsibility to check if that is true and to read the form instructions.

We are accountable and the "worker" should not be assumed or even expected to be correct.
Even the employees within the USCIS agency give out false information, how much more two totally different agencies.

Even if a name would have been given to a superviser absolutely nothing would have happened.

An employee, generally pointing you to a procedure still leaves you to figure out the details and read instructions.