Please help! Suprise dismissal

[XYZ123 2]

Hello all, I don't normally post, but I do not know what to do. After applying for this K1 visa back in December, we finally got a decision regarding our case:

On September 13, 2014, your appeal was dismissed. The original decision on your case remains the same. If you have not received this decision within 30 days, or you have recently moved, please contact the appellate authority directly for assistance.

There is literally nothing out of the ordinary about our case, it should have been a dream to process. Neither of us have ever been married, nor have any sort of criminal record, no one in my family or her family has connections to any bad apples, we both are well educatied and make enough money, and we met completely organically and have continued to see each other in person every few months for the past 3 years.

The only thing I can think of, is that I'm in the military and my background check took too long, and maybe that had something to do with it.

If there was an error with the application, would that be given as a reason? I quadruple-checked it before submitting last year.

Where do I go from here?

[sma1488 155]

What did the RFE(s) that you got say? If your case is as straightforward as you say it is, then you probably missed some small detail in the information they requested (no letter of intent to marry, form G-325 instead of G-325-A, etc.).

[XYZ123 2]

What did the RFE(s) that you got say? If your case is as straightforward as you say it is, then you probably missed some small detail in the information they requested (no letter of intent to marry, form G-325 instead of G-325-A, etc.).

We never got any RFE(s). NOA1 was approved days after sending it in, and then it was stuck in the security background checks for upwards of 6 months. My fiancee recently put in for a B-2 visa to come visit while we were waiting for approval, could that have caused it?

I guess my only action is to wait until Monday? My Congressman and Senator have both put in inquiries on my behalf (although they never got back to the Senator). Something seems fishy about this whole thing as I was promised (by the correspondence with USCIS via my Congressman) that a decision on my case would be made in 7-14 days, back on August 20th.

This surely must be a mistake. I've talked to my fiancee, she isn't hiding anything, so nobody needs to start that can of worms on this thread.

Edited September 13, 2014 by JakeDinosaur

[pbel39 0]

You Fiance's background check did not check-out. That's the bottom line, she may not be who you think she is.

[XYZ123 2]

You Fiance's background check did not check-out. That's the bottom line, she may not be who you think she is.

I am under the impression that the security checks phase is for the petitioner, unless the applicant also spent an extended amount of time in the US. I have an idea why the security check took so long, and it's related to my qualifications in the military (nothing bad), although one can never know for sure.

We're both 23 and have been in constant contact for the past three years, nothing could have slipped by in that period and there is nothing suspect about the time before she met me.

[NikLR 13,227]

I agree that it is her security checks that are not working out, not yours.

BTW appeals rarely work, you have to prove the USCIS did something wrong. You're better off to file again than do that. You could try a spousal route instead.

[googolplex 7]

Maybe this is the result of the increasing US-Russia tension.

[KayDeeCee 4,893]

So, there was a denial and you appealed it? This is stating the appeal is dismissed, not simply a denial of the I-129F petition. If you appealed, what was it is denied for, and what was the appeal reasoning?

If there never was a decision and then appeal made on your case, then hopefully you can get the mistake sorted out.

[XYZ123 2]

So, there was a denial and you appealed it? This is stating the appeal is dismissed, not simply a denial of the I-129F petition. If you appealed, what was it is denied for, and what was the appeal reasoning?

If there never was a decision and then appeal made on your case, then hopefully you can get the mistake sorted out.

No, I guess I should have made this more clear in my original post. This is there first thing we received about a dismissal, we never put in for an appeal to a previous dismissal. The last bit of information we received via our own inquiry was that we were pending security checks, then my Congressman's office told me we should receive a decision regarding our case soon. Now we received this puzzling notification.

Part of me thinks that USCIS dropped the ball on this one considering its been nearly 10 months, and now they're just in damage control and making mistakes. Or at least I hope so.

[KayDeeCee 4,893]

Yeah, this status update makes no sense if there was no appeal filed. They made no decision to begin with, and so nothing to appeal. It looks like a mistake, and I hope your congressman can get some answers. You can also try an Infopass appointment and the Ombudsman > http://www.dhs.gov/case-assistance

[a+j 77]

Is this a change in status on the USCIS website? Since you never filed for an appeal, it might just have been an error. Have you received anything in the mail?

Edited September 13, 2014 by a+j

[XYZ123 2]

Is this a change in status on the USCIS website? Since you never filed for an appeal, it might just have been an error. Have you received anything in the mail?

I also received an email, but nothing in the mail yet. I did recently open another inquiry about the processing time, but did not appeal anything.

[Darnell 8,478]

maybe the adjudicator screwed up, mis-keying the receipt # in the casefile tracking system, and pegging something?

look up the receipt # again, then step by +1/-1 10 steps in each direction, have a look.

[XYZ123 2]

maybe the adjudicator screwed up, mis-keying the receipt # in the casefile tracking system, and pegging something?

look up the receipt # again, then step by +1/-1 10 steps in each direction, have a look.

Just gave that a shot, although I'm not quite sure if I follow. Do you mean they may have accidentally updated my case as xxxx5 instead of xxxx4? There didn't seem to be any numbers nearby that had dates remotely close to today.

I feel like it must be a mistake because I skipped straight from initial review to post-decision activity. ???

Edited September 13, 2014 by JakeDinosaur

[a+j 77]

I also received an email, but nothing in the mail yet. I did recently open another inquiry about the processing time, but did not appeal anything.

Then I suggest:

- someone possibly hit the wrong button while updating your case online

- call USCIS and ask for a Tier 2 + make an Infopass appointment to inquire about it

- meanwhile, wait for whatever you might get in the mail. It might even be the notice of approval, for all you know.

- if nothing arrives in a week or so, contact your Congressperson and the Ombudsman.

Good luck, keep us posted.

Edited September 13, 2014 by a+j