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BJZags

Appeals to the AAO

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Trying to help out someone who's K1 application was denied. I am assuming the denial can be filed using a form I-129B. But nowhere can I find the jurisdiction of the AAO (Administrative Appeals Office) of the USCIS. The CFR says the cases available for review by the AAO are found in 8 CFR 103.1(F)(3)(iii), but that sub-part no longer exists in the current regs. Does anybody know where I can find the authority for WHAT cases the AAO rules on?

Thanks.

my blog: http://immigrationlawreformblog.blogspot.com/

"It is the soldier, who salutes the flag, who serves beneath the flag, and whose coffin is draped by the flag, who allows the protester to burn the flag."

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Filed: Timeline

BJZags,

Please clarify - K1 application or I-129f petition? Sounds like you're asking about the latter, although you specified the former.

Yodrak

Trying to help out someone who's K1 application was denied. I am assuming the denial can be filed using a form I-129B. But nowhere can I find the jurisdiction of the AAO (Administrative Appeals Office) of the USCIS. The CFR says the cases available for review by the AAO are found in 8 CFR 103.1(F)(3)(iii), but that sub-part no longer exists in the current regs. Does anybody know where I can find the authority for WHAT cases the AAO rules on?

Thanks.

Edited by Yodrak
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BJZags,

Please clarify - K1 application or I-129f petition? Sounds like you're asking about the latter, although you specified the former.

Yodrak

My bad. It would be the I-129F petition denial. But I would think that maybe the AAO would also handle denial of the K1 application since it is sent back to the USCIS by the embassy.

my blog: http://immigrationlawreformblog.blogspot.com/

"It is the soldier, who salutes the flag, who serves beneath the flag, and whose coffin is draped by the flag, who allows the protester to burn the flag."

-- Charles M. Province

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  • 1 month later...
Filed: Timeline
My bad. It would be the I-129F petition denial. But I would think that maybe the AAO would also handle denial of the K1 application since it is sent back to the USCIS by the embassy.

Are you saying the I-129F k1 petition was approved at the service center, sent to the embassy for an interview and then the embassy after the interview gave a 221g denial and sent the case back to CIS service center for review? If so, AAO doesn't come into play at this point. Your friend should be getting a notice of intent to revoke from the service center (as long as it wasn't CSC who just lets these petitions expire).

What embassy are they going through? What was the reason given for the denial? Was a reason given?

Check out this link for lots of information on this situation. It is not good news, unfortunately.

http://www.visajourney.com/forums/index.php?showtopic=3896

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Filed: Timeline

:blink: are you all talking about ! 290 B

My bad. It would be the I-129F petition denial. But I would think that maybe the AAO would also handle denial of the K1 application since it is sent back to the USCIS by the embassy.

Are you saying the I-129F k1 petition was approved at the service center, sent to the embassy for an interview and then the embassy after the interview gave a 221g denial and sent the case back to CIS service center for review? If so, AAO doesn't come into play at this point. Your friend should be getting a notice of intent to revoke from the service center (as long as it wasn't CSC who just lets these petitions expire).

What embassy are they going through? What was the reason given for the denial? Was a reason given?

Check out this link for lots of information on this situation. It is not good news, unfortunately.

http://www.visajourney.com/forums/index.php?showtopic=3896

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