Appealing Denial Decision

[paustin 1]

I received a denial letter for K1 petition today in the mail. At the end it says, if I disagree with the decision, I can file I-290B to appeal but it must be filed within 33 days from the date of the notice. If it's not filed within those days, the decision is final. I was out of the country and just received the notice today dated August 27. I will need to use Attorney's help this time as I don't want to re-apply for the petition as I am sure it's a no go again. Should I wait until the decision is final or that's not possible to appeal a final decision? The time is too little for me! I am freaking out.

[Caryh 5,206]

The conventional wisdom is appealing the decision takes much longer and costs more than re-applying. You just need to over come the reason they denied you in the first place. Also an appeal can only succeed if you can prove the denial was improperly given. With you saying they'll just deny again if you re-apply, I have a feeling you know there is something wrong you didn't overcome in the original petition.

[Zedayn 485]

I received a denial letter for K1 petition today in the mail. At the end it says, if I disagree with the decision, I can file I-290B to appeal but it must be filed within 33 days from the date of the notice. If it's not filed within those days, the decision is final. I was out of the country and just received the notice today dated August 27. I will need to use Attorney's help this time as I don't want to re-apply for the petition as I am sure it's a no go again. Should I wait until the decision is final or that's not possible to appeal a final decision? The time is too little for me! I am freaking out.

What was the reason for the denial?

[Kay&Jay 44]

Im sorry to hear that did you follow the instructions on how to file properly?

[Caryh 5,206]

What was the reason for the denial?

A search of the OP's posts would reveal that. He may not want to openly say though.

Edited September 18, 2014 by Caryh

[Zedayn 485]

Thanks, I did search the previous posts. This is dealing with AWA and an appeal is not likely. Basically in order to win an appeal and get your petition approved, you need to prove that either 1) you were not convicted of any specified crimes against a minor, and/or 2) you pose NO risk at all to the beneficiary.

If you have not been convicted in the past, it should be fairly easy to submit evidence disputing the fact. However, I don't think that is your situation. Your only option left would be submitting evidence to prove you are NO risk to your fiancé. There is a huge difference between LOW risk and NO risk. You have to prove that you pose NO risk, which that in itself could be very difficult to prove.

Here is a case where an AWA case appeal was not successful: http://www.uscis.gov/sites/default/files/err/D6%20-%20Fiancees%20and%20Fiances%20of%20U.S.%20Citizen%20(K-1)/Decisions_Issued_in_2013/DEC122013_01D6101.pdf

Here is an excerpt:

"The AAO does not dispute the expertise of the mental health professionals who have written letters on the petitioner's behalf and provided their opinions on his risk of reoffending. Their letters and the other relevant evidence in the record indicate that the petitioner has undergone years of therapy, taken substantial steps to rehabilitate and presents a low risk of reoffending. However, the statute requires the petitioner to establish that he poses "no risk" to the beneficiary..."

[Caryh 5,206]

I thought by statute, appealing the decision on an AWA waiver request was not even an option.

Thanks, I did search the previous posts. This is dealing with AWA and an appeal is not likely. Basically in order to win an appeal and get your petition approved, you need to prove that either 1) you were not convicted of any specified crimes against a minor, and/or 2) you pose NO risk at all to the beneficiary.

If you have not been convicted in the past, it should be fairly easy to submit evidence disputing the fact. However, I don't think that is your situation. Your only option left would be submitting evidence to prove you are NO risk to your fiancé. There is a huge difference between LOW risk and NO risk. You have to prove that you pose NO risk, which that in itself could be very difficult to prove.

Here is a case where an AWA case appeal was not successful: http://www.uscis.gov/sites/default/files/err/D6%20-%20Fiancees%20and%20Fiances%20of%20U.S.%20Citizen%20(K-1)/Decisions_Issued_in_2013/DEC122013_01D6101.pdf

Here is an excerpt:

"The AAO does not dispute the expertise of the mental health professionals who have written letters on the petitioner's behalf and provided their opinions on his risk of reoffending. Their letters and the other relevant evidence in the record indicate that the petitioner has undergone years of therapy, taken substantial steps to rehabilitate and presents a low risk of reoffending. However, the statute requires the petitioner to establish that he poses "no risk" to the beneficiary..."

[KayDeeCee 4,893]

~ Moved from K-1 Process to IMBRA Special Topics ~

[JnRMo 16]

I thought by statute, appealing the decision on an AWA waiver request was not even an option.

It sounds like it's an impossible standard to reach based on that denial. The psychiatrist compares him to the typical male - I'm not really sure asking for more is feasible. Chemical castration?

[Jaguaratron 1]

During one of my freakouts while waiting for my interview I called and talked with an immigration lawyer to go through potential nightmare scenarios and was advised that them shutting down the k1 applications the way that they do isnt really legal but to contest a test case isnt worth your while. If you get married and then file for a spouse visa they cant shut it down so arbitrarily and you have more rights that way.

[Jawaree 717]

I don't know of that would apply to someone who falls under AWA,

Chemical castration arguments do not hold much muster because the

few who opted for that most re-offended with an object or......... Its in the

brain

[Hypnos 6,576]

AWA applies equally to an I-129F and an I-130 I believe, so marrying and then filing an I-130 would not solve the problem.

Actions have consequences, and this would seem to be one of them.

Edited September 19, 2014 by Hypnos

[kazuava 4]

I received a denial letter for K1 petition today in the mail. At the end it says, if I disagree with the decision, I can file I-290B to appeal but it must be filed within 33 days from the date of the notice. If it's not filed within those days, the decision is final. I was out of the country and just received the notice today dated August 27. I will need to use Attorney's help this time as I don't want to re-apply for the petition as I am sure it's a no go again. Should I wait until the decision is final or that's not possible to appeal a final decision? The time is too little for me! I am freaking out.

we also didn't receive our denial right away - it was sent around Christmas time to the old address (even though we and our lawyer were updating USCIS with any changes we had), so our lawyer said that we could a notice to appeal - a quick and short document to meet the 33 days deadline, and prepare and send the Brief later.

It worked (they took the Appeal, and the Brief was send 30 days or so later). BTW - 3 years into Appeal - no news yet. I know if was remanded to the local office after a year for a second look from the office.

Good Luck!

Edited September 20, 2014 by kazuava

[the_poledancer_RN 12]

You can't give up though.... Just be persistent and have faith... Cuz like you, we're under AWA too but luckily we got approved just recently:) after three years of indefinite waiting. Anything is really possible:)

[Kay&Jay 44]

How far?