I129F April 2017 filers -Part 2

[Estibaliz 3,037]

46 minutes ago, CopperChem said:

I am more ornery than Gary I suspect. My family knows I am going to do things my way regardless of what they say. But grandparents are in there 80's, still able to travel and it is only about 2.5hrs by car. So they want to drive up, meet Rashmi just them and then do the wedding the next day. They actually offered to stay at a hotel and we had to insist that just stay in the spare bedroom that actually has the quilt she made me and was painted to match that.

Hah, I wouldn't be so sure on that. Gary was willing to cancel everything and do something simple just us two... But I'm the one that doesn't have the heart to do that

I'm sure you'll have a great time with your grandparents

[CopperChem 328]

7 minutes ago, Estibaliz said:

Hah, I wouldn't be so sure on that. Gary was willing to cancel everything and do something simple just us two... But I'm the one that doesn't have the heart to do that

I'm sure you'll have a great time with your grandparents

Oh so you are the softy. Rashmi was a bit like that when I mentioned that my dad was trying to invite himself up. Thankfully she let me handle it and do things our way. Grandparents are an exception based on god only knows how much longer they might be alive. So if Grandma wants to make the trip I won't push back. I hope you have a nice day with everyone.

My brother and his wife just got married outside at the university, my step-dad officiated and we all went to lunch after. Immediate family was there though so a little larger crowd.

[AnJ Co 1,676]

@Mike & Tuyen and @Keith & Monica  POE Countdown  11 and 10 days respectively   So happy for your POE just around the corner.

 

@spike198  FLL is a good POE   It's my home airport and I've always found them to be very professional.  So happy u have a date and something solid to look forward to.

 

.........................

 

We've been so busy since POE.  We did the SSN - the guy at SSA totally understood why we needed the SSN and blurted out his explanation of why it was necessary to get it now.  Very technical and I just said 'yeah...... right!' lol  Waiting for it in the mail now.   Went to the courthouse and got our marriage license today.  Ann has a K1 visa in her passport that shows I'm hers, and I got the receipt from the courthouse today likewise!   Wedding is next Saturday.  The other day we picked out the spot for our wedding on the beach.  Found a patch of sand with some palm trees to decorate and make the perfect spot to do the ceremony.  Just a bit up the beach is Jimmy Buffet's Margaritaville Resort.  Since we are doing the ceremony at sunrise, we setup a breakfast reception.  I have family flying in and friends joining us; and for our family on the other side of the world, we are going to fb live it for them.  So for a POE that is just hours from being a week old, we've made some really good progress  

[charly101 26]

19 minutes ago, AnJ Co said:

 

 

 

Dear Ms...........

 
Hello friends, i am confused and i don't really know what to do. I went for my K1 interview on the 18 October and i was denied. My fiancee noticed in the message  they sent her,they said  (The Petition for Alien Relative (I-130) you filed on his behalf will be returned to U.S. Citizenship and Immigration Services (USCIS) for their review.) My fiancee never filed for I-130 because we are not yet married. Why would they address us as married in they letter they sent her.  This was the letter they sent her below. Please i need your advise.

 

I am writing in response to your October 19, 2017 inquiry concerning the immigrant visa case of ........... We appreciate your patience in awaiting a response.

 
Visa applications are adjudicated on a case-by-case basis according to the provisions of the Immigration and Nationality Act (INA) and applicable federal regulations.  The authority to issue or refuse visas is vested solely in consular officers abroad by section 104(a) of the INA.  Our review of Department records confirmed that Mr.......... was interviewed at the U.S. Embassy in Dakar on October 18, 2017].  After the interview and a thorough review of his visa application, the consular officer found that Mr......... was not eligible for the visa category in which [he] was applying.  The Petition for Alien Relative (I-130) you filed on his behalf will be returned to U.S. Citizenship and Immigration Services (USCIS) for their review.
 
Upon completing their review, USCIS will advise you of their decision.  You will be contacted by USCIS and provided an opportunity to address any issues relating to the petition.  Once it has been returned, the Department of State no longer has jurisdiction over this case. Because the case has been returned to USCIS, the Department of State no longer has jurisdiction over it.  Any questions or concerns you may have should be directed to USCIS   You may also find useful information on their website at www.uscis.gov.
 

I hope this information is helpful.
 
Regards,
 
Consular Staff

[charly101 26]

On 10/19/2017 at 3:28 AM, Murph4865 said:

Sorry to hear but unfortunately someone did not research enough and go by what was suppose to be given in the I-134 you are suppose to have back taxes and pay stubs to show if asked and being she failed to send them that means either she forgot or does not have a job to produce them specially if you had to send her money to visit you. So there for she probably would not have been able to meet the 100% that was needed and at AOS filing she has to show 125% with only you 2 but if kids are involved the income level goes higher.

 

 
Hello friends, i am confused and i don't really know what to do. I went for my K1 interview on the 18 October and i was denied. My fiancee noticed in the message  they sent her,they said  (The Petition for Alien Relative (I-130) you filed on his behalf will be returned to U.S. Citizenship and Immigration Services (USCIS) for their review.) My fiancee never filed for I-130 because we are not yet married. Why would they address us as married in they letter they sent her.  This was the letter they sent her below. Please i need your urgent advise.

 

I am writing in response to your October 19, 2017 inquiry concerning the immigrant visa case of ........... We appreciate your patience in awaiting a response.

 
Visa applications are adjudicated on a case-by-case basis according to the provisions of the Immigration and Nationality Act (INA) and applicable federal regulations.  The authority to issue or refuse visas is vested solely in consular officers abroad by section 104(a) of the INA.  Our review of Department records confirmed that Mr.......... was interviewed at the U.S. Embassy in Dakar on October 18, 2017].  After the interview and a thorough review of his visa application, the consular officer found that Mr......... was not eligible for the visa category in which [he] was applying.  The Petition for Alien Relative (I-130) you filed on his behalf will be returned to U.S. Citizenship and Immigration Services (USCIS) for their review.
 
Upon completing their review, USCIS will advise you of their decision.  You will be contacted by USCIS and provided an opportunity to address any issues relating to the petition.  Once it has been returned, the Department of State no longer has jurisdiction over this case. Because the case has been returned to USCIS, the Department of State no longer has jurisdiction over it.  Any questions or concerns you may have should be directed to USCIS   You may also find useful information on their website at www.uscis.gov.
 

I hope this information is helpful.
 
Regards,
 
Consular Staff

[AnJ Co 1,676]

On 10/18/2017 at 12:01 PM, charly101 said:

Unfortunately my visa was denied today. My interview went well. I told the VO that i sent my fiancee some money for ticket to  and visit me, she ask for the receipt  which i gave it to her.. My fiancee forgot to send me the W2 and at the end the VO told me that she is not convinced and she believe that my fiancee does not have a job.   My fiancee never new that they will ask for the W2 and that was why she didn't send it to me.  My fiancee has contact the immigration lawyer today as regards my denial. Please advise on what i should do?

Here it looks like your problem is the CO didn't believe the petitioner had a job.........

On 10/15/2017 at 11:50 PM, AnJ Co said:

No one likes unpleasant subjects and this one hopefully will not be needed by any of us.  It's best to be prepared for any circumstance.....  I'm really thankful no-one has needed something like this in the April filers, but there was one March filer that caught a denial -  I'm not sure what happened other than a difficult embassy and his subsequent decision to take his case to a lawyer.  I've heard some people in various threads talk about appealing a denial at the embassy.  No one really had a concrete plan and was guessing.  I decided to look into what was available.  In my reading as I was trying to prepare for worst case scenario, I formed a game plan for this type of an occurrence.  From what I have read; Unfortunately, it is not an option to appeal at the embassy level. The denial process is like this..... If the embassy CO decides to deny, normally they tell you with a vague answer why.  The specific reason needs to be known so the issue can be resolved.  Ask for clarification.  In the coming days, the embassy will send you a letter stating your case has been denied and returned to USCIS.  Once your case is returned from the embassy to USCIS, then you may appeal. USCIS will then (eventually) notify you with a Notice to Revoke, or a Notice of Denial and written instructions for filing an appeal.  You have 30 days to file a form I-290B, Notice of Appeal or Motion. There is a non-refundable $630 fee. Whether or not your denial is overturned, this fee will not be returned. Appeals take around a year, and if successful, are returned to the same embassy for another interview.  Some people take the cheaper (and somewhat faster) route and just start off on another I-129F petition.  A denial suggests that something is wrong with your application and you will need to learn what is wrong with it and fix whatever is the problem.  The details of the denial in the 2nd petition will be available to the CO during the 2nd interview.

So, if an embassy denial occurs, the best thing is to try to salvage it before the embassy sends the case back to USCIS.  Since K1 Fiance Visas that are denied by the US Embassy or Consulate have no formal recourse (a right to appeal), You may however try to contact the Embassy and ask for a review by the Embassy’s Consulate General or a Supervisory Officer.  Do this before leaving the Embassy.  This has to be done quickly because once the case is sent back to USCIS for revocation, the Embassy no longer has jurisdiction over the case and therefore cannot change its decision.   If you cannot get the Embassy's Consulate General or a Supervisory Officer to review your case, get on the phone immediately to your U.S. Congressman or U.S. Senator and get them to place a call to the embassy on your behalf.  If you are able to obtain a review by the Consulate General or a Supervisory Officer and its still denied, there is nothing more than you can do. Your only recourse is to let it go to USCIS and wait for a letter from them so you may appeal.  The 2nd option is to apply with another I-129F again, or 3rd option is to get married and apply for a Marriage Visa instead. 

 

This is about all you can do to appeal.  If it has left the embassy, then you will get a letter from USCIS giving you 30 days to appeal.  If it is still at the embassy, then try to keep it there and talk to the CO Supervisor.

35 minutes ago, charly101 said:

Dear Ms...........

 
Hello friends, i am confused and i don't really know what to do. I went for my K1 interview on the 18 October and i was denied. My fiancee noticed in the message  they sent her,they said  (The Petition for Alien Relative (I-130) you filed on his behalf will be returned to U.S. Citizenship and Immigration Services (USCIS) for their review.) My fiancee never filed for I-130 because we are not yet married. Why would they address us as married in they letter they sent her.  This was the letter they sent her below. Please i need your advise.

 

I am writing in response to your October 19, 2017 inquiry concerning the immigrant visa case of ........... We appreciate your patience in awaiting a response.

 
Visa applications are adjudicated on a case-by-case basis according to the provisions of the Immigration and Nationality Act (INA) and applicable federal regulations.  The authority to issue or refuse visas is vested solely in consular officers abroad by section 104(a) of the INA.  Our review of Department records confirmed that Mr.......... was interviewed at the U.S. Embassy in Dakar on October 18, 2017].  After the interview and a thorough review of his visa application, the consular officer found that Mr......... was not eligible for the visa category in which [he] was applying.  The Petition for Alien Relative (I-130) you filed on his behalf will be returned to U.S. Citizenship and Immigration Services (USCIS) for their review.
 
Upon completing their review, USCIS will advise you of their decision.  You will be contacted by USCIS and provided an opportunity to address any issues relating to the petition.  Once it has been returned, the Department of State no longer has jurisdiction over this case. Because the case has been returned to USCIS, the Department of State no longer has jurisdiction over it.  Any questions or concerns you may have should be directed to USCIS   You may also find useful information on their website at www.uscis.gov.
 

I hope this information is helpful.
 
Regards,
 
Consular Staff

Here the embassy is Dakar?  Your timeline shows Nigeria.  I am a little confused.  Also, in this letter their reason for denial was an I-130 application.   Did your beneficiary complete a DS-160??? or a DS-260???  It sounds like the application was a DS-260.  I'm not sure what you can do to salvage this.  If it has left the embassy, you can appeal and show the beneficiary filing (DS-160) and how the embassy was interviewing for the wrong visa.

[Keith & Monica 986]

1 hour ago, AnJ Co said:

@Mike & Tuyen and @Keith & Monica  POE Countdown  11 and 10 days respectively   So happy for your POE just around the corner.

 

@spike198  FLL is a good POE   It's my home airport and I've always found them to be very professional.  So happy u have a date and something solid to look forward to.

 

.........................

 

We've been so busy since POE.  We did the SSN - the guy at SSA totally understood why we needed the SSN and blurted out his explanation of why it was necessary to get it now.  Very technical and I just said 'yeah...... right!' lol  Waiting for it in the mail now.   Went to the courthouse and got our marriage license today.  Ann has a K1 visa in her passport that shows I'm hers, and I got the receipt from the courthouse today likewise!   Wedding is next Saturday.  The other day we picked out the spot for our wedding on the beach.  Found a patch of sand with some palm trees to decorate and make the perfect spot to do the ceremony.  Just a bit up the beach is Jimmy Buffet's Margaritaville Resort.  Since we are doing the ceremony at sunrise, we setup a breakfast reception.  I have family flying in and friends joining us; and for our family on the other side of the world, we are going to fb live it for them.  So for a POE that is just hours from being a week old, we've made some really good progress  

We are still hopeful that we can POE on Monday 11/13, but still not sure.  It is up to the Embassy now.  The PC should be there or almost there.  

 

Congrats on getting so much done and your wedding next Saturday.  That is great.

[SegunMatt 176]

15 hours ago, Jeff and Alina said:

We are still under Administrative Processing. They asked us both questions separately and of course my responses matched. We have generated over 5000 pages of chat (seriously), we ought to know a little about each other by now, hehe, not to mention all the video chat. The case has updated twice since the interview on Tuesday. I think they are getting information regarding Alina's daughter's biological father or trying to find him since they have no contact. 

Did they say anything at the end of the interview? Did they keep her passport?

[charly101 26]

9 hours ago, AnJ Co said:

Here it looks like your problem is the CO didn't believe the petitioner had a job.........

This is about all you can do to appeal.  If it has left the embassy, then you will get a letter from USCIS giving you 30 days to appeal.  If it is still at the embassy, then try to keep it there and talk to the CO Supervisor.

Here the embassy is Dakar?  Your timeline shows Nigeria.  I am a little confused.  Also, in this letter their reason for denial was an I-130 application.   Did your beneficiary complete a DS-160??? or a DS-260???  It sounds like the application was a DS-260.  I'm not sure what you can do to salvage this.  If it has left the embassy, you can appeal and show the beneficiary filing (DS-160) and how the embassy was interviewing for the wrong visa.

Good morning. I am sorry i am from Nigeria but i reside in Senegal. My interview was in Dakar. I am the beneficiary.  I completed the DS -160 and i even emailed a copy of the DS -160 to my fiancee  . I am now convinced that there is miss up somewhere.

Edited November 4, 2017 by charly101

[charly101 26]

12 minutes ago, charly101 said:

Good morning. I am sorry i am from Nigeria but i reside in Senegal. My interview was in Dakar. I am the beneficiary.  I completed the DS -160 and  even emailed a copy of the DS -160 to my fiancee  . I am now convinced that there is miss up somewhere. My fiancee has already contact her lawyer about the issue. I hope it will be resolved.

 

[AnJ Co 1,676]

2 hours ago, charly101 said:

Good morning. I am sorry i am from Nigeria but i reside in Senegal. My interview was in Dakar. I am the beneficiary.  I completed the DS -160 and i even emailed a copy of the DS -160 to my fiancee  . I am now convinced that there is miss up somewhere.

When USCIS gives you the NOIR, appeal it and submit copies of the DS-160 confirmation page.  Also submit heavy evidence of ongoing relationship.  Firm up your weaknesses in the case (i.e. 3 yrs Tax Transcripts, Letter from Employer detailing status and wages paid, 3 yrs of W2s, I-134 properly filled out).  If your appeal is evidence laden, USCIS will reaffirm your case and send it right back to the embassy for a 2nd interview.

 

Here is a success story similar to your situation......  IR1 vs K1 but similar...

 

[Mike & Tuyen 598]

23 hours ago, AnJ Co said:

@Mike & Tuyen and @Keith & Monica  POE Countdown  11 and 10 days respectively   So happy for your POE just around the corner.

 

@spike198  FLL is a good POE   It's my home airport and I've always found them to be very professional.  So happy u have a date and something solid to look forward to.

 

.........................

 

We've been so busy since POE.  We did the SSN - the guy at SSA totally understood why we needed the SSN and blurted out his explanation of why it was necessary to get it now.  Very technical and I just said 'yeah...... right!' lol  Waiting for it in the mail now.   Went to the courthouse and got our marriage license today.  Ann has a K1 visa in her passport that shows I'm hers, and I got the receipt from the courthouse today likewise!   Wedding is next Saturday.  The other day we picked out the spot for our wedding on the beach.  Found a patch of sand with some palm trees to decorate and make the perfect spot to do the ceremony.  Just a bit up the beach is Jimmy Buffet's Margaritaville Resort.  Since we are doing the ceremony at sunrise, we setup a breakfast reception.  I have family flying in and friends joining us; and for our family on the other side of the world, we are going to fb live it for them.  So for a POE that is just hours from being a week old, we've made some really good progress  

Believe me I understand being busy and everything. I've been scrambling to get our wedding set up as well as hotels. So our wedding date is set for December 4th at 6 p.m. in Las Vegas. We will get her social security number about a week after she gets here. Exciting times indeed. Good luck with your wedding and hope for Blue Skies and sunny days.

[Mike & Tuyen 598]

22 hours ago, Keith & Monica said:

We are still hopeful that we can POE on Monday 11/13, but still not sure.  It is up to the Embassy now.  The PC should be there or almost there.  

 

Congrats on getting so much done and your wedding next Saturday.  That is great.

Will be praying for everything to go smoothly for you and Monica. I am very happy that you will be together very soon.

[Keith & Monica 986]

6 minutes ago, Mike & Tuyen said:

Will be praying for everything to go smoothly for you and Monica. I am very happy that you will be together very soon.

Thanks my friend.  Hope everything goes well on POE for Tuyen.  Good luck with wedding in Vegas.  We thought about that as well, but we are just going to do the courthouse here and then a reception.

[Estibaliz 3,037]

On 4/11/2017 at 1:57 AM, AnJ Co said:

@Mike & Tuyen and @Keith & Monica  POE Countdown  11 and 10 days respectively   So happy for your POE just around the corner.

 

@spike198  FLL is a good POE   It's my home airport and I've always found them to be very professional.  So happy u have a date and something solid to look forward to.

 

.........................

 

We've been so busy since POE.  We did the SSN - the guy at SSA totally understood why we needed the SSN and blurted out his explanation of why it was necessary to get it now.  Very technical and I just said 'yeah...... right!' lol  Waiting for it in the mail now.   Went to the courthouse and got our marriage license today.  Ann has a K1 visa in her passport that shows I'm hers, and I got the receipt from the courthouse today likewise!   Wedding is next Saturday.  The other day we picked out the spot for our wedding on the beach.  Found a patch of sand with some palm trees to decorate and make the perfect spot to do the ceremony.  Just a bit up the beach is Jimmy Buffet's Margaritaville Resort.  Since we are doing the ceremony at sunrise, we setup a breakfast reception.  I have family flying in and friends joining us; and for our family on the other side of the world, we are going to fb live it for them.  So for a POE that is just hours from being a week old, we've made some really good progress  

Congratulations on the progress! Sure you keep moving fast and being on point regarding this process.

I think I´m going to end up following suit on you and everyone else around here when it gets the time for AOSing

 

In the meantime, you all remember to post your lovely wedding pictures here! Have a nice weekend, Aprilites