Denied I-129f even though I withdrew first application

[together4evr 360]

If there is a misrep charge then either

you forgot to write in the form the previous filing OR

yur new girl had someone apply for her before and she forgot to tell you so you can put in the correct answer in the I-129

Find out what exactly the misrep is

ask your new girl if she has ever had a petition filed for her

then fire the lawyer

and do it yourself

good luck

[JOURNEYTOUSA2013 0]

I don't think K-1 visa is faster than CR-1 Visa. The chance to get approved on CR-1 is higher, so you better off go with CR-1 visa! Just my opinion!

Wishes the best of luck!

[chippo 2]

If I were you, I'd get rid of the lawyer.....They'll just keep charging you. You are already right here in this forum and maybe you can transfer to the specific country (Vietnam has its own regional forum). Plenty of help/advice/guides available for you. You need to file an IMBRA waiver. Again, no help from the lawyer. I have a format to use if you're interested. Best of luck to you.

if you ar in vietnam ,,,,MARC ELLIS , marcellislaw@gmail.com,HAS A OFFICE IN SAIGON ,,,,,LE CONG NAM (RUNS HIS OFFICE) 8486261 4124, 848 6261 4125

[Levick13 0]

Thanks to all for the help and advice. The funny thing is, I wasn't even worried about the application being denied, I was more worried about the interview even though I have lived with my fiancé for 8 months now. The waiver application that I filled out simply stated that the first girl was not faithful and was still fishing for other men. My lawyer told me just to state the reasons why the relationship didn't work out. He didn't make it seem like the girl had to die, by a prostitute, or a drug kingpin. I'm amazed how paper pushers at the USCIS get to arbitrarily kill one's dreams. I am in Vietnam until October. Then back to the United States to work and earn money before coming back to Vietna. In April. I do love my fiancé very much and will miss her far more than the convenience of the United States. I will get a TeSOl and teach English until I can get this mess sorted out. This is a great forum---thank you all for all of your support. Since I am in Saigon, I will go see Marc Ellis and see what he says too. thanks again everyone

[Darnell 8,478]

I hate to nitpick - but -

an RFE was issued and you wrote something in response to it.

1. did you ever see the RFE? and

2. do you have a copy of the RFE? Can post it here, obfuscated?

I highly recommend Marc Ellis, also. I've been recommending him almost 5 years now.

Edited August 11, 2013 by Darnell

[Levick13 0]

The lawyer got the actual RFE in New York and told me to write a letter explaining why the former relationship didn't work out. I had written something similar to Saigon to formally withdraw the petition to the Saigon Embassy, and they had no problem closing the case. I will try and upload the letter. I need to find it on the other computer....just a second

[Darnell 8,478]

I'm not interested in the letter you wrote.

I'm interested in the RFE sent off to the lawyer from USCIS.

[Levick13 0]

So, I think I understand why I was denied? According to the denial letter, I didn't specifically ask for a waiver---I just wrote reasons why the previous relationship didn't workout. The reason I didn't specifically ask for a waiver was because my attorney never told me too! I had previously written a notarized letter to the Saigon embassy to formally withdraw the petition, and asked the attorney if this letter would suffice. He said that letter would be fine, just change the salutation to: to whom it may concern or "USCIS"---that's it! So, when I read the denial letter, it stated that I not gave reasons why the relationship didn't workout, but didn't ask for a waiver specifically! That is enough to deny my application. Now, they say I can appeal within 30 days (and an extra $630!). So what's my next play? Appeal and ask specifically for a waiver? Just marry my fiancé here and apply for a k-3 instead (since there is no IMBRA limitation on k-3 visa) or wait until next August when the two year limit is up? Either way, the plan to have her return with me in October is shot. I have to return to finish selling my American belongings and to earn money (I am a contractor---there is NO money for contractors in Vietnam since labor is cheap here.). I can go home and work on getting a TEFL and return around TET and teach English, but the hope of having my fiancé with me this year is pretty much shot. I. Guess I am to blame because I didn't research enough and just depended on my attorneys advice too much. What makes me angriest is that USCIS can hand out denials like candy without any repercussion---meanwhile, they can really hurt people's lives....

[Ebunoluwa 6,136]

So, I think I understand why I was denied? According to the denial letter, I didn't specifically ask for a waiver---I just wrote reasons why the previous relationship didn't workout. The reason I didn't specifically ask for a waiver was because my attorney never told me too! I had previously written a notarized letter to the Saigon embassy to formally withdraw the petition, and asked the attorney if this letter would suffice. He said that letter would be fine, just change the salutation to: to whom it may concern or "USCIS"---that's it! So, when I read the denial letter, it stated that I not gave reasons why the relationship didn't workout, but didn't ask for a waiver specifically! That is enough to deny my application. Now, they say I can appeal within 30 days (and an extra $630!). So what's my next play? Appeal and ask specifically for a waiver? Just marry my fiancé here and apply for a k-3 instead (since there is no IMBRA limitation on k-3 visa) or wait until next August when the two year limit is up? Either way, the plan to have her return with me in October is shot. I have to return to finish selling my American belongings and to earn money (I am a contractor---there is NO money for contractors in Vietnam since labor is cheap here.). I can go home and work on getting a TEFL and return around TET and teach English, but the hope of having my fiancé with me this year is pretty much shot. I. Guess I am to blame because I didn't research enough and just depended on my attorneys advice too much. What makes me angriest is that USCIS can hand out denials like candy without any repercussion---meanwhile, they can really hurt people's lives....

You have nothing to appeal really because it was your mistake not USCIS's mistake. The end result after the expense and time it takes

would be wasted.

I don't understand why they could not have send you a RFE for the waiver instead of a denial.

File a CR1, the K3 is obsolete.

What do you mean wait 2 years to refile a K1 ?

If you send a request for a waiver with the next K1 it would be ok, no need to wait 2 years.

[Levick13 0]

USCIS did send an RFE at the end of June. My attorney (Joel Turney) told me to simply send the same letter I had sent to the Saigon embassy to withdraw the former petition. He told me to simply change the salutation to "To whom it may concern" or "USCIS". My lawyer never told me to specifically ask for a waiver. I have been trying to copy the actual denial letter but I can't figure out how to copy PDF or make a copy on my iPad into this reply box. To make a long story short, USCIS said the basis for their denial was because I didn't specifically ask for a waiver, but instead explained why I didn't withdraw the petition sooner (I was told by my attorney to wait until I returned to the USA in January even though I wanted to withdraw the petition in October. I was in Vietnam for three months October-January). It was during that period that I became more than friends with my current fiancé.

When I wrote to my attorney and showed him the reason they had denied my waiver, the attorney said it wasn't their fault, even though the attorney never told me what the RFE was for---he simply wanted me to state why the last relationship didn't work. I asked him whether I should just marry my fiancé here and apply for k-3 (cr-1) but he said USCIS would see this as trying to get around the k-1 denial. That would be true since the only reason I am jumping through these hoops is so I can be with my fiancé! If they would let her return with me ona tourist visa for six months to he united states, I wouldn't even bother them with this other paperwork. It's because of the discrimination against young Asian women visiting the USA that I now have to return alone for another 4-6 months and then comeback again. The spring.

I am so frustrated with this entire experience. I wish I could post the exact PDF of their denial letter so all could see it. When I told the attorney that his money back guarantee should cover this since he assured me it would be no problem, he stated that it didn't cover anyone who had previous dealings with immigration! So, now I have spent over $2000 on attorney and application fees and still have to wait until August 8th, 2014 to reapply.

[Levick13 0]

https://snt147.mail.live.com/m/messages.m/ScanAttachment?mid=mccbbfed4-049f-11e3-9cb6-00237de46152&attdepth=0&attindex=0&CP=20127

[Levick13 0]

If any of you have acrobat maybe you can read the following link:

https://snt147.mail.live.com/m/messages.m/ScanAttachment?mid=mccbbfed4-049f-11e3-9cb6-00237de46152&attdepth=0&attindex=0&CP=20127

I am so annoyed right now that I have to go through this. I know it's my fault that I put too much faith in the attorney and didn't background check the process more. I have been in HCMC since April hoping that the extra time spent here would lend even more "legitimacy" to my current relationship. T be honest, I wouldn't care about returning to the USA if I could make enough money here in VIetnam. The problem is, I am a contractor in the USA and there is zero construction work here for remodeling contractors since labor is so cheap. I have a Bachelors Degree but no TOEFL so I guess I need to focus on that when I return in October. Stack cash and make another run next year. This is not the end of the world, but wow, it's frustrating. I just want to get on with my life. After losing all my money in real estate, getting divorced (which was actually good since I wasn't living--just existing), bankruptcy, and foreclosures, I thought I could salvage at least being with the person I love and start over. Wow, if I am able to survive all of this and one day find happiness, I will definitely appreciate life like I never did before. Thanks to all for your advice and listening....

[Ebunoluwa 6,136]

Can't see your link but it is clear now what happened. Your lawyer is at fault for screwing up the RFE. I hope you do not retain him

for your next filing, CR1 or K1 whatever you decide.

You won't need a lawyer for this, just research beforehand here and ask questions for the next round.

[Harpa Timsah 13,258]

Okay, so instead of actually withdrawing the old petition, in response to an RFE you sent a letter saying "my fiance sucks"? I doubt that the first petition was actually withdrawn, since it takes a while for RFE response. They wouldn't know what you put in the RFE and would put it in a pile for later. in that time you filed a new petition?

You also basically told your new gf how much of a sucker you were right up front. I might think about that a bit.

[Levick13 0]

The petition was withdrawn from Saigon embassy in January after I sent a notarized letter of explanation. When the lawyer received the RFE in late June he didn't tell me to ask specifically for a waiver, just use the same explanation of why I withdrew the last petition. The letter states "petitioner did not ask specifically for a waiver and so his petition is denied". Yes, I am a sucker and an idiot and I hadn't been dating anyone for the last ten years, not to mention no experience with SE Asian hustler types. Call me a fool, but it wasn't my intention to screw up and ALMOST give a visa to a woman after a visa only. If I can find a way to make cash here, I'd stay in Da Lat---screw the USA and all the money grubbing, government that doesn't do ANYTHING, military that just attacks countries to make money, and the advertising industry that makes everyone feel worthless and incomplete. The only thing I will miss about the USA is decent ice cream!