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GaryBig

I129f denied:(

By GaryBig in General Immigration-Related Discussion

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GaryBig Rookie

GaryBig   6

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Our petition was denied.

Apparently we couldn't prove that we has seen each other in past 2 years. Although we were living together in her country for half a year.

We got our denial decision while my fiancée is here in the us on her b2 tourist visa.

So my question is- can I marry her right now and here and file for an adjustment of status?

Thank you guys for help.

I'm so disappointed and sick and tired of it.

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EricaandHafedh
EricaandHafedh

Fiance is already in the country and didn't enter with intent to immigrate on that visa, so I don't think it would be fraud as long as she planned to go back before you received the denial

GaryBig
GaryBig

But when she entered the US on her tourist visa, she didn't have an intent to marry and stay! That's why we filed for K1, we wanted to do everything legally!

BLAKCAJUN
BLAKCAJUN

marry her and file an adjustment. you can prove intent and anything else later. best of luck

Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Moved from K1 Process & Procedures to General Immigration-Related Discussion.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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GaryBig Rookie

GaryBig   6

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They will find out your fiancee has intent to immigrate, due to the fact your petition was denied and recorded on file. Government scanned and kept all files electronically, one click of a mouse, and that's all it takes.

But when she entered the US on her tourist visa, she didn't have an intent to marry and stay!

That's why we filed for K1, we wanted to do everything legally!:(

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EricaandHafedh Explorer

EricaandHafedh   23

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They will find out your fiancee has intent to immigrate, due to the fact your petition was denied and recorded on file. Government scanned and kept all files electronically, one click of a mouse, and that's all it takes.

Fiance is already in the country and didn't enter with intent to immigrate on that visa, so I don't think it would be fraud as long as she planned to go back before you received the denial

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GaryBig Rookie

GaryBig   6

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Fiance is already in the country and didn't enter with intent to immigrate on that visa, so I don't think it would be fraud as long as she planned to go back before you received the denial

Thank you!

She was planning to leave , but then we received an RFE, and she decided to stay a bit longer, and wait for our approval after RFE together.

And then... Denial.:(

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xgrnberet1 Contributor

xgrnberet1   19

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GaryBig, what I meant was relating to, if you marry her here in the US, an then adjust, they will find out, the best is to go to her country and marry her there then file for the spousal Visa , I realized time is an essence and everyone hate to wait, but if you wanted to do it right.

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dwheels76 Grand Master

dwheels76   5,468

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Filed: Citizen (apr) Country: Nigeria
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Thank you!

She was planning to leave , but then we received an RFE, and she decided to stay a bit longer, and wait for our approval after RFE together.

And then... Denial.sad.png

So your fiance' is willing and able and ready to forsake right now her home, and everything she left for the next at least year so you can get a I-130 petition approved.

I am sorry i just don't buy it. She what has no home, job, family to see or take care of? Really??

Think like immigration and stop this "she didn't intend when she crossed the border to stay". You are plotting and planning now. How is that not fraud in every sense of the word?

WOW.........Just SMH

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GaryBig Rookie

GaryBig   6

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GaryBig, what I meant was relating to, if you marry her here in the US, an then adjust, they will find out, the best is to go to her country and marry her there then file for the spousal Visa , I realized time is an essence and everyone hate to wait, but if you wanted to do it right.

Thank you, we will consider this as well

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GaryBig Rookie

GaryBig   6

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So your fiance' is willing and able and ready to forsake right now her home, and everything she left for the next at least year so you can get a I-130 petition approved.

I am sorry i just don't buy it. She what has no home, job, family to see or take care of? Really??

Think like immigration and stop this "she didn't intend when she crossed the border to stay". You are plotting and planning now. How is that not fraud in every sense of the word?

WOW.........Just SMH

Omg, please relax

Once again - we filed for K1 visa.

Then after waiting for over 5 months she came here to Visit and wait for an approval together.

And yes, she has no job in her home country, as well as no money problems.

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dwheels76 Grand Master

dwheels76   5,468

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Filed: Citizen (apr) Country: Nigeria
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Omg, please relax

Once again - we filed for K1 visa.

Then after waiting for over 5 months she came here to Visit and wait for an approval together.

And yes, she has no job in her home country, as well as no money problems.

LOL My bad I am relax. But well you got to think how it looks. She is here when you are denied and you get married and she stays. Sure you will probably be okay but well its not right. Just saying.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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GaryBig Rookie

GaryBig   6

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LOL My bad I am relax. But well you got to think how it looks. She is here when you are denied and you get married and she stays. Sure you will probably be okay but well its not right. Just saying.

Well thanks for your opinion.

That's why I'm here - to consider all possible options and listen to some wise advise.

Right now I'm fed up with waiting and can't even think of another 8+ months of being apart( while waiting for cr1 visa if married in her country).

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BLAKCAJUN Collaborator

BLAKCAJUN   25

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Filed: K-1 Visa Country: Jamaica
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marry her and file an adjustment. you can prove intent and anything else later. best of luck

Jeanne Robertson-Stewart

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Igor's list

http://www.visajourney.com/timeline/monthly_filers.php?form=1&visa=1&scenter=2&option=3&sortby=2

I am the petitioner

  • July 21, 2011 Met at Margaritaville in MoBay
  • February 14, 2013 Engaged
  • 5/15/13 I-129F notice from post office
  • 5/16/13 Received date
  • 5/20/13 NOA1
  • 5/23/13 I-797C, NOA
  • 5/28/13 your Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E).
  • 8/8/13 STILL WAITING mad.gif
  • 9/4/13 Petition transferred (to TX I'm guessing)
  • 9/19/13 NOA2
  • 9/21/13 received NOA2 hardcopy
  • 9/23/13 shipped this approved or re-affirmed case to the Department of State for visa processing
  • 10/1/13 NVC received
  • 10/2/13 left NVC
  • 11/25/2013 Received 221g requesting DNA testing on 2 of the 3 kids
  • 01/28/2014 DNA testing complete
  • 01/31/2014 DNA results in (he is the daddy...lol)
  • 02/04/2014 Letter mailed requesting passports to continue process
  • 02/11/2014 sent passports via DHL
  • 02/12/2014 Passports received by embassy
AOS

April 8, 2015....Application received

May 8, 2015....Biometric complete

May 27, 2015..Request for EAD expedite

June 3, 2015 ..Faxed expedite proof....waiting response....fingers crossed

June 4, 2015, your request to have your case expedited, referral number xxxxxxxxx, was assigned to an officer for response.

June 18, 2015 EAD CARD APPROVED AWAITING DELIVERY!!!

June 24,2015 EAD/AP combo card picked up by USPS

June 25, 2015 EAD/AP card received

October 6, 2015 email stating greencards in production!!!

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