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Wendy71

Decison denial (merged)

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Filed: K-1 Visa Country: New Zealand
Timeline

I sign on to check our case status today and this is no what I wanted to see

Decision

On December 2, 2013, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of December 2, 2013, please call customer service at 1-800-375-5283 for further assistance.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

cray5ol.gif all this wait to read this and now I feel there is no hope

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Filed: Citizen (apr) Country: Portugal
Timeline

:(

May I ask what your RFE was for?

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

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Filed: K-1 Visa Country: New Zealand
Timeline

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May I ask what your RFE was for?

They wanted proof of our relationship I also had to send a copy of my passport stamped when I visited, my divorce and he had to send his as well. Photos we took when I visited letters from family supporting they had met me, copies of conversations. I hope it is just something small and we can fix it and be together, I have just come back from spending time with him and we were so confident it was going to be approved

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Filed: Citizen (apr) Country: Portugal
Timeline

Seems like maybe you didn't send in enough Primary Evidence? Photos, letters from family members and copies of conversations usually fall into the Secondary Evidence category. By themselves, they're not enough to prove that you have met within the 2 years prior to filling the petition...

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

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Filed: K-1 Visa Country: New Zealand
Timeline

Seems like maybe you didn't send in enough Primary Evidence? Photos, letters from family members and copies of conversations usually fall into the Secondary Evidence category. By themselves, they're not enough to prove that you have met within the 2 years prior to filling the petition...

I just hope its something small if that makes sense I would love to hear from anyone else who has been in this situation, I guess if we don't have options we will start the process over

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If you have a copy or can remember (and can bare to do it) list out *everything* that you sent, and folks can probably help fill in what might have been missing. It's annoying, but it'll save the back and forth "did you send?" Qs, and hopefully someone can get to the bottom of this.

I'm sorry you got this message, but there's always hope. :)

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Did you meet in person within 2 years prior to the petition being sent?

Your denial is for a procedural error, and it can be rectified. You have to reapply, but it doesn't mean your visa is denied or that you can't come to the US.

You were denied because you did not properly respond to the RFE. You will need to determine what was wrong with your petition (and RFE response) so you don't make the same mistake twice.

People here can help you figure it out, but I agree the best way is to lay it all out.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: K-1 Visa Country: New Zealand
Timeline

I sent plane tickets, photos, conversations we have had since 2009, a copy of my divorce, a copy of my passport date stamped when I visited 2010. My fiancé had to get letters together from people supporting they had met and spent time with me, along with his copy of divorce. We did everything they asked for on the list. And yes we had met in person within the 2 years prior to the petition which worked out well when we filed as the law in NZ was I had to be separated 2 years before my divorce that was all finalized when my fiancé petitioned too. I realize we are not the first couple to get a denial and that it is probably a minor error on our part or USCIS, I just hope that it can be fixed or are we going to have to go through the whole process again from the start with a new petition

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I sent plane tickets, photos, conversations we have had since 2009, a copy of my divorce, a copy of my passport date stamped when I visited 2010. My fiancé had to get letters together from people supporting they had met and spent time with me, along with his copy of divorce. We did everything they asked for on the list. And yes we had met in person within the 2 years prior to the petition which worked out well when we filed as the law in NZ was I had to be separated 2 years before my divorce that was all finalized when my fiancé petitioned too. I realize we are not the first couple to get a denial and that it is probably a minor error on our part or USCIS, I just hope that it can be fixed or are we going to have to go through the whole process again from the start with a new petition

So you had a passport stamp from 2010, which is more than 2 years ago.

What did you include for the last 2 years meeting? Did you have passport stamps for your trips within that timeframe? Did you just use affidavits from friends/family for proof of meeting in the last 2 years?

Sorry for all the questions! Just trying to get it clear. :)

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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According to your timeline, you applied over a year ago, and got your RFE in January 2013. You are just getting denied now, 11 months after you received your RFE?

Is your fiance subject to the Adam Walsh Act?

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: K-1 Visa Country: New Zealand
Timeline

According to your timeline, you applied over a year ago, and got your RFE in January 2013. You are just getting denied now, 11 months after you received your RFE?

Is your fiance subject to the Adam Walsh Act?

Excuse me? no he is not. I met my fiancé June 2010 we filed the petition June 2012 our RFE was December 2013 by the time I got all my required evidence at this end and posted it to my fiancé it was January when he sent it.

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Filed: K-1 Visa Country: New Zealand
Timeline

So you had a passport stamp from 2010, which is more than 2 years ago.

What did you include for the last 2 years meeting? Did you have passport stamps for your trips within that timeframe? Did you just use affidavits from friends/family for proof of meeting in the last 2 years?

Sorry for all the questions! Just trying to get it clear. smile.png

Don't be sorry for the questions. USCIS sent an RFE Dec 2012 yes my passport was stamped in LA June 2010 which was when I made my trip to see him, he was asked in the letter to get affidavits from friends/family which they did and gave to him however August this year USCIS sent him a letter saying there were two letters which were not dated if he didn't have them redone and sent in by august 18h their decision would be based on the evidence they had in hand, my fiancé did get the letters re done and sent them before the date. We both sent letters of intent to marry within 90 days of me arriving and I also had to download a form on the site to send with my documents, I had a list and ticked off as I went the same with my fiancé

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So you met in person in June 2010 - what date was on your passport stamp?

What date in June did you send in the petition?

Did you have or send in any evidence of any trips between the June 2010 trip and the June 2012 petition?

Sometimes if you are even just a day out they will not let it count.

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Excuse me? no he is not. I met my fiancé June 2010 we filed the petition June 2012 our RFE was December 2013 by the time I got all my required evidence at this end and posted it to my fiancé it was January when he sent it.

Okay, so it took them 11 months to send the denial?

And what exact date in June did you meet in 2010? I saw your NOA1 was from July.

I mean no offense by my questions. I am just trying to help you. Taking a year ad half to make a decision on I-129F is highly unusual.

Did you include all pages of your passport to show it was yours? What exact date is on the stamp, and is it an entry stamp?

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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