Denied :( in Jamaica

[dwheels76 5,468]

So if they deny both are we OK to appeal the decision or do we submit a whole new application or get married??

Whether married or not you have to start all over again. I would surely get married. There is nothing to appeal because the error was yours.

Be sure whenever you do file you write a letter of withdrawal even though your fiance' needs to contact the previous petitioner to officially take off books. But you should still have letter in there.

Let me ask was the previous I-129F filing listed on your application?

[Jawaree 718]

Phred WHAT R U implying...how did Mexicans get into this

convo....OP forget appeal ..U love him then marry him, the CO

clearly stated on 221G its not bonifide & that's because previous

petition was not closed out, U know U both R in love , no one on

a forum needs to wonder if its fishy...they need to make sure their

$#'t tun up.

[Virtuous45 31]

No his previous one was not cancelled sat in the system for over a year with out any updates and the tier 2 lady apologized because she said mine should have stopped at the NVC and one if them should have been cancelled out. At the interview the officer said he denying both applications so it will close the previous one out and we will have to re start the process.

As far as his charge there is no police report to validate the charge and that does make a relationship valid.

Malta, sorry to hear about your situation. But as others have alluded to, I think it may be the previous K-1 application that triggered the denial. I have to wonder though, what happened to the woman who filed the previous K-1, why the application was allowed to sit in the system for 12 months without any NOAs to/or action from either party? Its a good thing that you are being proactive and doing some leg work where your application is concerned. I would also call USCIS to ensure that both applications have been cancelled. Don't want when you put in the I-130 later, to find out that a K-1 application is still open. Sorry it got to this end.

However, I agree with the other VJers. Forget about appealing and all that has happened with the K-1 visa. Plan your wedding to take place when you visit in April. Start like asap to document all your evidences..chat logs, photos, phone calls, emails, etc. Be diliberate about your conversations when you talk and not just talk about trivial things. Discuss issues that will give a picture that you both are committed to a life together (where you will live, budgeting for your life together, job interests, further studies, children etc). If you love him as you say you do (and he loves you), then both of you should do what is necessary to prove that your relationship is all about love and nothing else.

Good luck and stay positive.

[slowlyman 118]

This hasn't been touched on yet, and I don't know the details about your relationship and I don;t want to know. But be sure you are not sending any money to him, Helping him start a business or anything that could be construed as "buying" your spouse. Some Consulates look unfavorably on money coming from the Petitioner.

[SennaBrigante 92]

First, he needs to contact his ex and have his previous application cancelled.

[Malta 2]

It sounds like the CO canceled both applications so they both should show denied now...according to the embassy this is the first they came across this....just my luck! I respect the process but it was over a year and a half for his previous one-heck people in the states get married,divorced,and re-married all in that time and its ok! Just frustrated and trying to figure out what our next step should be...sigh!