DENIAL AFTER 7+ MONTHS?! WHAT THE HELL.

[Soonish 90]

Someone please tell me this is a joke.

 

My fiance just called and finally got through to a tier 2, after having kept us waiting with no info AT ALL for 7+ months they just told him they are going to deny us?

 

WHAT THE (removed) HELL!!! (Sorry, I have rage right now)

 

I am British, we met in the UK in 2016 and we lived together for about 8 months in the UK while he was stationed there (he is ex-mil). Since he returned to the US I have visited the states 3 times, once for 85 days.

 

Neither of us has a criminal record at all, no previous marriages, no kids, no debts, no nothing.

 

All I can think is that it is because we forgot to put photos and letter of intent into the package in our excitement and when we called to try and send them on afterwards they said we couldn't. So we were expecting an RFE.... NOT A DENIAL!!?!

 

This is pure hell and what are they even doing it for?  Two weeks ago some tier 1 officer said "oh they may have sent something on the 7th July", then the next one we spoke to last week said "no, they've not sent anything" and then today a tier 2 says "they're going to deny it". I feel like it's some sick joke to them.

 

Please help me.

Edited July 31, 2018 by Ontarkie
bypassing language filter

[yuna628 9,744]

41 minutes ago, ALGS said:

Someone please tell me this is a joke.

 

My fiance just called and finally got through to a tier 2, after having kept us waiting with no info AT ALL for 7+ months they just told him they are going to deny us?

 

WHAT THE (removed)HELL!!! (Sorry, I have rage right now)

 

I am British, we met in the UK in 2016 and we lived together for about 8 months in the UK while he was stationed there (he is ex-mil). Since he returned to the US I have visited the states 3 times, once for 85 days.

 

Neither of us has a criminal record at all, no previous marriages, no kids, no debts, no nothing.

 

All I can think is that it is because we forgot to put photos and letter of intent into the package in our excitement and when we called to try and send them on afterwards they said we couldn't. So we were expecting an RFE.... NOT A DENIAL!!?!

 

This is pure hell and what are they even doing it for?  Two weeks ago some tier 1 officer said "oh they may have sent something on the 7th July", then the next one we spoke to last week said "no, they've not sent anything" and then today a tier 2 says "they're going to deny it". I feel like it's some sick joke to them.

 

Please help me.

You can make an infopass appointment, and head over to the Baltimore office to speak to someone there. You could additionally try and get your congressperson or senator involved - they often prove to be helpful in digging for info.

 

Your wait time is certainly not unheard of, and is within typical processing time. It would seem to me there is some missing information here, especially regarding why no RFE has made it to the USC's doorstep. If an RFE was sent out, but never made it, then they would class it as not responded to... and then yes, eventually denied. Since no paperwork regarding a denial has arrived either, there is no way to tell if the representative is telling the truth or even what the denial is for. Have you put your case number into the website? What status does that reflect?

 

Edited July 31, 2018 by Ontarkie
edited quoted part for language

[Soonish 90]

7 minutes ago, yuna628 said:

You can make an infopass appointment, and head over to the Baltimore office to speak to someone there. You could additionally try and get your congressperson or senator involved - they often prove to be helpful in digging for info.

 

Your wait time is certainly not unheard of, and is within typical processing time. It would seem to me there is some missing information here, especially regarding why no RFE has made it to the USC's doorstep. If an RFE was sent out, but never made it, then they would class it as not responded to... and then yes, eventually denied. Since no paperwork regarding a denial has arrived either, there is no way to tell if the representative is telling the truth or even what the denial is for. Have you put your case number into the website? What status does that reflect?

 

The WAC number entered into any of the websites old/new or apps just gives us received. 

 

I have my fiance trying to get an infopass as we  speak but they are all booked up. I think maybe he should just drive over there and try to make an appointment at the actual desk, even if it is to come back the following day. 

 

I know we didn't wait that long compared to some, I just don't get why they suddenly decided to deny it?

 

They definitely didn't send an RFE, the post has been checked every day, religiously.

 

We will definitely be going the congressperson/senator route to try and find out the reasons for this decision.

 

Thanks for your help.

Edited July 31, 2018 by ALGS

[yuna628 9,744]

1 minute ago, ALGS said:

The WAC number entered into any of the websites old/new or apps just gives us received. 

 

I have my fiance trying to get an infopass as we  speak but they are all booked up. I think maybe he should just drive over there and try to make an appointment at the actual desk, even if it is to come back the following day. 

 

I know we didn't wait that long compared to some, I just don't get why they suddenly decided to deny it?

 

They definitely didn't send an RFE, the post has been checked every day, religiously.

 

We will definitely be going the congressperson/senator route to try and find out the reasons for this decision.

 

Thanks for your help.

This could really be a case of (which sadly does happen):

They sent it + USPS lost it + you never got it = denied.

Or,

They didn't send it but thought they did = denied.

 

There is not a lot you can do until it's actually confirmed as denied. Once that is done, you can certainly refile. The phone line never give accurate info, usually a T2 can provide clarity but I'm suspicious about that actually being a T2 on the line...

[Camelot13 63]

I second getting an InfoPass appointment and have your fiance bring those photos + letter of intent (not sure if they'd take them there, but can't hurt to have them when he talks to someone). It's hard to say without actually having received a denial in hand, especially since they told you three different things. I'm not sure I'd even trust that that's correct until it's a firm letter. 

[Soonish 90]

1 minute ago, yuna628 said:

This could really be a case of (which sadly does happen):

They sent it + USPS lost it + you never got it = denied.

Or,

They didn't send it but thought they did = denied.

 

There is not a lot you can do until it's actually confirmed as denied. Once that is done, you can certainly refile. The phone line never give accurate info, usually a T2 can provide clarity but I'm suspicious about that actually being a T2 on the line...

So if we refile do we have to pay again? If we do I will certainly be seeking a lawyer and going to the ombudsman because this is unacceptable from a government office. 

 

So far I am just mindblown by the whole thing.

[yuna628 9,744]

5 minutes ago, ALGS said:

So if we refile do we have to pay again? If we do I will certainly be seeking a lawyer and going to the ombudsman because this is unacceptable from a government office. 

 

So far I am just mindblown by the whole thing.

Yes you would have to pay again. Lawyer will not really help you here... but you could also get the ombudsman to get looking into your current case. You can't refile anything yet until you know that the case has actually been denied - not just the person on the phone claiming it that may or may not know what they are talking about on any given day of the week. I would stress not to lose hope in the matter, until there is an actual denial. Investigating through all means is the only way forward for now.

[Ben&Zian 4,398]

7 minutes ago, ALGS said:

So if we refile do we have to pay again? If we do I will certainly be seeking a lawyer and going to the ombudsman because this is unacceptable from a government office. 

 

So far I am just mindblown by the whole thing.

 

Yes if you refile you must pay the fees again. And it's a government office, as a combat Army vet myself, I know how disorganized the government can be. Trust me.

[gregcrs2 1,778]

5 minutes ago, ALGS said:

So if we refile do we have to pay again? If we do I will certainly be seeking a lawyer and going to the ombudsman because this is unacceptable from a government office. 

 

So far I am just mindblown by the whole thing.

When you refile, you would have to pay again.  IMHO, seeking a lawyer will be a waste of money.  

[Soonish 90]

1 minute ago, yuna628 said:

Yes you would have to pay again. Lawyer will not really help you here... but you could also get the ombudsman to get looking into your current case. You can't refile anything yet until you know that the case has actually been denied - not just the person on the phone claiming it that may or may not know what they are talking about on any given day of the week. I would stress not to lose hope in the matter, until there is an actual denial. Investigating through all means is the only way forward for now.

Oh, I was under the impression there was an appeals process and we could reopen the current case. Especially if it is their mistake!? 

 

This is actual hell.

[Soonish 90]

I am absolutely certain that there is no legitimate reason that they can deny our request, so what, they just get to deny (if that's what they have actually done).

 

If that is the case then surely there is no point to paying to refile because there is nothing about our application that is incorrect? I don't even know what we would change so they would just deny it again, based on the exact same evidence, surely?

[gregcrs2 1,778]

Just now, ALGS said:

I am absolutely certain that there is no legitimate reason that they can deny our request, so what, they just get to deny (if that's what they have actually done).

 

If that is the case then surely there is no point to paying to refile because there is nothing about our application that is incorrect? I don't even know what we would change so they would just deny it again, based on the exact same evidence, surely?

What was sent as proof of having met in the past 2 years?

[yuna628 9,744]

3 minutes ago, ALGS said:

Oh, I was under the impression there was an appeals process and we could reopen the current case. Especially if it is their mistake!? 

 

This is actual hell.

Appealing is ultimately useless. Even in cases when it is denied at an embassy - the best advice always is to refile.

 

As I said anything can happen, and don't expect them to admit an error on their part. But remember, you don't know for 100% certain that anything is denied yet.

[Ontarkie 14,547]

~~One post and one quote edited. Bypassing the language filter is a TOS Violation. Do not do that again.~~

[TNJ17 1,329]

They are probably missing something crucial in your package. Like others have said maybe they sent out the RFE and it never got to you or maybe they didn’t and just wanted to be #######. Maybe they’re starting the new rule out on you with the no RFEs anymore. Who knows. However am I safe to assume that this is during the i129f stage? If so you can appeal. You can’t appeal the embassy stage of a K1 but you CAN appeal the i129f. You don’t need a lawyer. Don’t waste your money. Try to find out what happened first before doing anything. Keep calling to speak to a tier 2. Customer reps don’t know (removed) so you must always insist to be transferred to tier 2. Make Infopass appointment and find out. Wait for letter of denial in the mail. It will explain what the issue was. After you find out what it is you file for the appeal. If it’s because they were missing something and didn’t send you the RFE you can appeal for it and then continue where you left off. Call congressman and start the process with them as well as they can sometimes speed things up a little. 

Edited July 31, 2018 by Ontarkie
bypassing language filter