I-129f petition, never received RFE and now we got denied

[hakobrena 11]

My case status on line is this: On February 4, 2014, 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 February 4, 2014, 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.

SOOOO, It's pretty much the same. You guys give me hope that its not over yet, and we still might have a chance!!! I thank you all sooo much for replying and updating me with this,,, I hope you realize how much you all are helping!!! Im waiting for the letter in the mail, then should I get an Infopass?????

[InesD 2]

My case status on line is this: On February 4, 2014, 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 February 4, 2014, 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.

SOOOO, It's pretty much the same. You guys give me hope that its not over yet, and we still might have a chance!!! I thank you all sooo much for replying and updating me with this,,, I hope you realize how much you all are helping!!! Im waiting for the letter in the mail, then should I get an Infopass?????

then you are indeed in the exact same situation as we are. Our letter took 9 days to finally reach us but that was maybe due to the bad weather conditions back then. I think you should make your appointment via Infopass right away because the next available date might be in a week or more from now. you can easily check by going forward in the process of making an appointment and it will show you the next available dates before you confirm one of them. the sooner the better ! and I'll keep you and everyone else who is interested updated about our case.

I know how much it means to have a forum like this here with people who really want to help. Like Ning for example, thank you so much again

[hakobrena 11]

OMG!!! What to do?????? I just made an appointment for Infopass, it gave me a confirmation letter to print, I tried to set up my printer and the computer shut down, Now I lost my confirmation letter, its needed at the appointment!!!!!!!!!!!!! OMG

[hakobrena 11]

Never mind I was able to re-print it. I guess panic is the first thing that happens to us at cases like this

[InesD 2]

Never mind I was able to re-print it. I guess panic is the first thing that happens to us at cases like this

Yes, unfortunately that seems to be the case and I got paniced as well at first. Simply because a whole new and big step in our lives is depending on all this paperwork. So if something goes wrong our alarm system goes in panic mode

[hakobrena 11]

I Really Really hope that we still have a chance for our Petitions to be APPROVED!!!!!!!!!!

[sind27 41]

Ooohhh myyy gooosh! This here makes me so afraid that we maybe never got an RFE and that's why we are still waiting ;-C! OMG!!! It is so sad I'm so sorry to hear that! My fiance he is the USC is also from Alabama and we wait since August 12th 2013! OMG I'm so freaking afraid that this happend to us too!! We never heard anything from them about a RFE we talked already several times to them even to a TIER 2! Q.q wish you good luck and hope y'all can fix the problem really quick!

I recommend you to call uscis ... they can tell you if you have any update on your case...good luck

Edited February 10, 2014 by sind27

[hakobrena 11]

did you know there is $630 fee to Submit a motion on a Denied case? With an I-290B form along???????????????

[InesD 2]

did you know there is $630 fee to Submit a motion on a Denied case? With an I-290B form along???????????????

I don't know if that concerns us since the USCIS made a mistake. As far as I understand you file a motion in case you messed up. In our cases it would be to expedite the case , not to reopen. But that is my understanding based on common sense.

[InesD 2]

I don't know if that concerns us since the USCIS made a mistake. As far as I understand you file a motion in case you messed up. In our cases it would be to expedite the case , not to reopen. But that is my understanding based on common sense.

here is another link :

http://www.uscis.gov/news/uscis-expedite-review-certain-cases-affected-specific-administrative-inaccuracies

[InesD 2]

Here is the promised update ! My fiance finally went to his appointment with the USCIS in Atlanta this morning. He came back very very happy and satisfied :-) Until today we never received the RFE, the officer in Atlanta looked it up on her computer and said, yes, the RFE is in Texas and so many things can have gone wrong. And it would even for her be a hassle to get it. So she started telling my fiance about the I 290 form to reopen the case etc.....He told her that we already lost so much time now and can't effort to lose more. So she asked him when we wanted to get married. And he said : yesterday ;-) ok, she says , then here is your other option : Your fiance enters the US on her Visa Waiver along with her daughter, you get married and file immediately the I 130 ( Family based adjustment ) . People do that all the time.

Those were her words, she gave him a copy of all the forms you need to fill out on a Family based adjustment and that was it.

Now: I know that is possible but so far I thought you can only do that when you spontaneously decide to get married. We want to get married and I want to stay there and not having to leave again. I am a bit confused about this but we got this suggestion direct from a USCIS officer.

Now I am thinking : why did we go through the K1 process in the first place ?

Any thoughts or experience anyone ?

Thank you !

[Avery Cates 1,141]

Here is the promised update ! My fiance finally went to his appointment with the USCIS in Atlanta this morning. He came back very very happy and satisfied :-) Until today we never received the RFE, the officer in Atlanta looked it up on her computer and said, yes, the RFE is in Texas and so many things can have gone wrong. And it would even for her be a hassle to get it. So she started telling my fiance about the I 290 form to reopen the case etc.....He told her that we already lost so much time now and can't effort to lose more. So she asked him when we wanted to get married. And he said : yesterday ;-) ok, she says , then here is your other option : Your fiance enters the US on her Visa Waiver along with her daughter, you get married and file immediately the I 130 ( Family based adjustment ) . People do that all the time.

Those were her words, she gave him a copy of all the forms you need to fill out on a Family based adjustment and that was it.

Now: I know that is possible but so far I thought you can only do that when you spontaneously decide to get married. We want to get married and I want to stay there and not having to leave again. I am a bit confused about this but we got this suggestion direct from a USCIS officer.

Now I am thinking : why did we go through the K1 process in the first place ?

Any thoughts or experience anyone ?

Thank you !

I find myself surprised that someone during an InfoPass would suggest immigration fraud.

Atlanta you say...

[InesD 2]

I find myself surprised that someone during an InfoPass would suggest immigration fraud.

Atlanta you say...

My fiance was surprised as well and asked the officer 3 times if this is a legal way. What to say ?

[DutchmansLady 216]

My fiance was surprised as well and asked the officer 3 times if this is a legal way. What to say ?

Hi InesD,

I am an I 130 filer but came across your original post and was sucked in .I have a hard time believing an agent (reportedly) gave your partner the advice to commit immigration fraud...which it is...if you go into the USA on a VW knowing that you are not leaving .Please be careful about doing this as you can still get stopped and turned back at the border control and banned ! I am willing to bet dollars to donuts that the agent did NOT give him that advice in writing .I understand she gave him the forms for adjustment but anyone can get those off the web and print them .I am NOT implying that your or your partner did this...just that the border agent may think that .You would be hard pressed to prove to angry border agent that you were given the advice to commit visa fraud .I understand your desperation to be together in the States this whole immigration thing can go wrong or right it feels like a ####### shoot from some of the things I have read .

I know that others have gone before you and managed to make it work that way but are you willing to put your daughter through hours long interrogation at the border ?I am pulling for you and hoping that this all works out for you two but please think twice about doing what your partner told you .Your case will also be in the computer that the border gents look at while you try to cross which may lead to them taking a closer look and putting you on a plane back home .((((HUGS))) and some lucky Visa vibes~~~~~~~~~~ :-)

Edited February 27, 2014 by AmeriDutch

[Avery Cates 1,141]

My fiance was surprised as well and asked the officer 3 times if this is a legal way. What to say ?

I wouldn't recommend it. You can always still get turned away at the border, and saying to CBP "I was told by someone in USCIS I can do this" isn't going to matter a lick to them. There will be no follow up on that claim and no recourse, you will be turned back and your VWP privileges permanently revoked. Them seeing an opened and now closed K-1 petition, which they will, I would expect this to happen.

You can seek to have your case reopened and expedited, or he can visit you, you guys get married in your country, then he comes back and files a CR-1 and you wait for that to be approved.