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GaryBig

I129f denied:(

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churawan Contributor

churawan   14

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

Marry her and file AOS.. The fact that you did file K1 and tried to follow the system.. The system failed you.... I had my K1 get "miss placed" by VSC for 22 months so on Her 5th visit to the USA on her B2... I decided to marry her and do the AOS... When we went to the interview, we explained our situation... We had joint bank accounts, home deed, health insurance, utility bills all in both names along with life insurance... The interviewer was very understanding and we were there less than 10mins... Make sure you have everything in place showing a real joint relationship and be able to prove it... if she has been here more than 60 days and you make the decision to marry her than my lawyer told me the burden of proof of fraud falls on the USCIS... Like I said if it is real then you can put things in both names and you will be fine.. Good luck and enjoy your new life together!!!!

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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

Alex+Nastya Contributor

Alex+Nastya   11

Posted
Filed: K-1 Visa Country: Russia
 Timeline
Posted

I don't have any advice (i would say get married asap, but i'm afraid to give any advice because I'm not knowledgeble enough), but this situation really sucks. System and government have failed you =(

I'm very sorry about your situation.

01-12-2013 - Engaged

01-18-2013 - Sent I-129F

01-22-2013 - NOA1

06-21-2013 - Transferred to TSC

07-09-2013 - NOA2 (due to the glitch I find out about it on July 25th)

09-19-2013 - Interview in Moscow

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yorubaqueen13 Enthusiast

yorubaqueen13   28

Posted
Filed: K-1 Visa Country: Nigeria
 Timeline
Posted

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.

yep u sure can!!!
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yorubaqueen13 Enthusiast

yorubaqueen13   28

Posted
Filed: K-1 Visa Country: Nigeria
 Timeline
Posted

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.

yep u sure can!!!
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yorubaqueen13 Enthusiast

yorubaqueen13   28

Posted
Filed: K-1 Visa Country: Nigeria
 Timeline
Posted

I kno 3 people that came on tourist visa's found love, married & filed for AOS... Its not uncommon! They r living here happy n had no issues so Marry her now! Dont leave to her country n waist money on another petition thats silly!! Get married n file AOS..... Obviously there has always been intent to Marry but it wasnt wen she entered so u can prove it was an intent after K1 was approved but instead it was denied so u married ur love.. U can use her date of entry along with date of denial to prove u had no intentions of marrying wen she entered the US on her visitor visa! Good luck God is with u!

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stevie b Proficient

stevie b   141

Posted
Filed: IR-1/CR-1 Visa Country: Fiji
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Posted

I agree.. marry her and ensure good documentation.. marriage date past 60 days of entering even better


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

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kdude1 Contributor

kdude1   3

Posted
Filed: Country: Australia
 Timeline
Posted

It will probably work out, but the fact is you will have to live with the fear of being deported on the spot during the interview. The safest way would be to move to her country, get married and file spousal visa... that's obviously pretty tough. You could just get married and AOS, but yeah you would have to know it's technically possible they will just try to deport her :(

Is there no way to simply appeal the K1 decision? I thought you had the right to appeal it?

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dwheels76 Grand Master

dwheels76   5,466

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Is there no way to simply appeal the K1 decision? I thought you had the right to appeal it?

To appeal one cost more money than the actual application filing fee is. Two to appeal you need to show USCIS made a mistake.

OP what did you show to prove you meet in the last 2 years. Boarding passes, Visa Stamp, lease since you lived there 6 months, receipts? I mean something got missed here.

Exactly what did you submit as far as evidence because regardless of what you decide to do you need to submit evidence again to prove bonafide so let us help you.

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stevie b Proficient

stevie b   141

Posted
Filed: IR-1/CR-1 Visa Country: Fiji
 Timeline
Posted

my advice is get an immigration lawyer to find out if u marry her now and adjust status or do CR1

you don't need an immigration lawyer for this at all

the OP needs to weigh their choices

none of the choices need a lawyer's input


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

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Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

You can file for AOS and try your luck.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Lemonslice Experienced

Lemonslice   4,710

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

It will probably work out, but the fact is you will have to live with the fear of being deported on the spot during the interview. The safest way would be to move to her country, get married and file spousal visa... that's obviously pretty tough. You could just get married and AOS, but yeah you would have to know it's technically possible they will just try to deport her sad.png

Is there no way to simply appeal the K1 decision? I thought you had the right to appeal it?

Why would she be deported? From what GaryBig said, she is here on a visa (not VWP), so she will have the right to an appeal, no?

Also, I don't see why people get this upset about AOS being an option... it's offered for people who change their intention once they're in the country - it's not magic, they still have to pay, wait, and all that good stuff.

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Andy and Pui Rising Star

Andy and Pui   16

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
Posted

My question circles around the denial. You were living together for 6 months? Within the 2 year period? What did you NOT send in to prove this?

I agree with this. Did you receive any type of RFE? What does the denial say?

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

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