Wait for RFE/Denial vs REFILE the whole I-129F

[Eliezer y Wendy 13]

Many of you have already suggested on another of my posts that I should just withdraw my current petition and refile to save time. At that time I didn't have the filling fees for the second I-129F and decided not to make any moves until I was ready for plan B. It's been over 5 months on Initial Review, and I called USCIS. The representative submitted an inquiry since it was past the processing time, he said and gave me the confirmation or inquiry tracking number.

I didn't know about VJ when I sent my petition, and now I've discovered that some of the most important documents weren't sent. I paid a notary with "experience" on this forms. He explained that USCIS will then ask me for what they need. I read the instructions but was crazy enough to trust some one with "experience". Well here are the documents I later found here to always trigger a RFE and are missing on my petition:

1. Form G325a in original filled and signed by the beneficiary.

2. Intent to marry from Both of us.

3. Proof of having met in past two years. He said we could be waived on this requirement since we have a child and I had to wait for my citizenship to be able to file. Heheh....

So anyway I know I will get RFE, and some of you will say I'd be denied on NOA2. So I would like to know what would be the best route now. I just happened to read here on VJ that a withdrawal can take up to 6 months before I can refile. Is this correct? If so, should I just wait to see if denied on NOA2 to refile right after? What if I withdraw this I-129F, and go get married in the next 3 months or so to file a I-130? This last options might be extremely hard for the budget.

I'd appreciate any advice. My 3-years old son is with his mom on Guatemala. We need to apply for an extended tourist stay within the next two months since he is a U.S. Citizen. Not sure if this piece of information helps on any way.

Thanks again...

[KayDeeCee 4,893]

Lately there have been some people getting notices of intent to deny and giving them the chance to send in all the documentation that goes with the I-129F. Your case is not just about the missing required documentation though. I recall from your previous post that you had not been together in person during the 2 years prior to filing, and that is a major requirement of the I-129F petition that you cannot provide proof of.

You can either wait and see if you are denied, which you honesty should be since you do not meet all the requirements, or you can withdraw and refile. You do not have to wait 6 months. You can refile as soon as you get the withdrawal confirmation. You could also get married after you withdraw the petition and go for the spousal visa instead, if you wish.

[Eliezer y Wendy 13]

Thanks Jay-Kay,

I got the RFE letter now and they are only asking for the proof of meeting within the two years requirement, and some fields in the forms I left blank. Like whenever I had to indicate the name of any current or previous husband/wife on my and my fiance. Either of us have ever been married, and I should've indicated NONE on those fields. Now they need an statement on that.

Now, I writing a letter to explain my situation and why it was not possible for me to meet with her on the required period. The problem is that I did visit her a few months after my NOA1. Should I mention this trip, even if it doesn't count for them?

Thanks, I know it's a long shot but I have my trust in God and he would put my family together the way he has planned.

[mikey & me 4]

Hi, our first application was denied because of not meeting in person prior to the application. We also got RFE but since we didn't meet prior to the application, we were denied and so we filed another application immediately after we got the denial letter, that was July.....and after 2 months, we were approved and now I got my VISA already. I hope this will give you some insights...:-)

[Eliezer y Wendy 13]

Wow good to know... and congratulations! I just sent my answer to my RFE. I hope they don't take too long to get back to me with either the approval or the denial. Either one God has already planned to send me.

Thanks again!

[Jenny15 22]

Hi, our first application was denied because of not meeting in person prior to the application. We also got RFE but since we didn't meet prior to the application, we were denied and so we filed another application immediately after we got the denial letter, that was July.....and after 2 months, we were approved and now I got my VISA already. I hope this will give you some insights...:-)

Hello.. i just wanna know how long did you wait before re-file after denial? is it a month or 6 months?

and what are the requirements did u sent to USCIS aside from I-129F?

did u also submit a copy of denial letter, case number and reason of denied?

i'm just helping a friend.. thank you so much

[Eliezer y Wendy 13]

I didn't have to refile. Sorry. But I was told you can re-file right after denial. I believe you may include your denial letter, but there is also a question in the I-129F where you enter information about a previous petition.

Sorry if I couldn't help much.