TERMINATION NOTICE(I-129F)

[charly101 26]

Good evening everyone, Please i need an urgent response. My fiancée and i went through the K1 procces and i was denied the K1 VISA 2017.  

 

January 8, 2019 we received a letter from the USCIS  stating Termination Notice. My fiancee and i have decided to get married since we have received a notice from the USICS. My question is, since we didn't receive the reason for our denial, how can we solve the issue of the K1 denial after getting married and we now file for i-130 . 

 

Please your response will help us preceded in this matter and we need an advise on what to do. I have attached the copy of the TERMINATION NOTICE below.

 

 

 

[C90 376]

They usually give a reason for denial, so it's strange that you say that they just denied you without telling you why. Do you or your spouse have a criminal record or criminal background? That is a big reason why people get denied.

If there's nothing weird (no criminal background, no drug use, severe psychiatric problems etc) I would just go forward with the I-30. 

[charly101 26]

3 minutes ago, C90 said:

They usually give a reason for denial, so it's strange that you say that they just denied you without telling you why. Do you or your spouse have a criminal record or criminal background? That is a big reason why people get denied.

If there's nothing weird (no criminal background, no drug use, severe psychiatric problems etc) I would just go forward with the I-30. 

My fiancee and i don't have any criminal records or psychiatric problem. She forgot to send me the w2 and also forget to sign the paper that state that she will be my sponsor . The VO made it clear to me that how will she believe she has a job because there was no W2. i Told her that i will ask her to send it but believe the VO had already made up her mind to deny the visa. 

[C90 376]

Just now, charly101 said:

My fiancee and i don't have any criminal records or psychiatric problem. She forgot to send me the w2 and also forget to sign the paper that state that she will be my sponsor . The VO made it clear to me that how will she believe she has a job because there was no W2. i Told her that i will ask her to send it but believe the VO had already made up her mind to deny the visa. 

So I guess you never sent it? I mean, it's about 2 years later now... Anyway, if that's the only reason then you can just go on with the I-30. Obviously there's never any guarantee for an approval. Just make sure you have all the documents right this time and if you get an RFE, don't slack on sending the requested documents asap. Nigeria is already a high fraud country, slacking isn't going to help for an approval.

[geowrian 22,337]

This is normal. It means the I-129F was returned by the embassy to USCIS (through NVC). the current policy at USCIS is to not review a returned I-129F and let it sit to expire. Yours expired. That letter is the notice that it expired.

 

As for how to fix the reason for denial, that's more complicated. You can try to file a FOIA request to see what turns up.

Presumably the petition was returned because the CO believed it was invalid...i.e. not a bona fide relationship (most likely), you were not both free to marry (any engagement ceremony discussions or photos sent?), etc.

[charly101 26]

6 minutes ago, C90 said:

So I guess you never sent it? I mean, it's about 2 years later now... Anyway, if that's the only reason then you can just go on with the I-30. Obviously there's never any guarantee for an approval. Just make sure you have all the documents right this time and if you get an RFE, don't slack on sending the requested documents asap. Nigeria is already a high fraud country, slacking isn't going to help for an approval.

Okay. Thanks

[charly101 26]

3 minutes ago, geowrian said:

This is normal. It means the I-129F was returned by the embassy to USCIS (through NVC). the current policy at USCIS is to not review a returned I-129F and let it sit to expire. Yours expired. That letter is the notice that it expired.

 

As for how to fix the reason for denial, that's more complicated. You can try to file a FOIA request to see what turns up.

Presumably the petition was returned because the CO believed it was invalid...i.e. not a bona fide relationship (most likely), you were not both free to marry (any engagement ceremony discussions or photos sent?), etc.

Thank you for your message. I showed the VO our engagement pictures when she asked for it. I was denied on the interview date and when got out i asked people that we through the K1 and also told that they too got denied.  

[Jeanne Adil 1,651]

48 minutes ago, C90 said:

They usually give a reason for denial, so it's strange that you say that they just denied you without telling you why. Do you or your spouse have a criminal record or criminal background? That is a big reason why people get denied.

If there's nothing weird (no criminal background, no drug use, severe psychiatric problems etc) I would just go forward with the I-30. 

not in most of the african countries

they just say "i can't give u a visa at this time,  Denied"

but to answer OP  it is pretty normal to have K1 denied for Nigeria

you will need to have more facetime with the USC and be able to prove a real relationship

plenty of visits

quality time together

 

If she provided any photos for an engagement party that looked like a marriage,   also a denial as "looks too married for K1"

 

get married

have the USC bring application to Nigeria so you can have it filled out together

save all proofs of visits like boarding passes to go with itinerary of flight

photos of USC with Nigerian family

give your USC spouse a POA (power of attorney )   it will help later to do taxes and other things she needs to do to prove a real relationship to u

[carmel34 3,633]

Sounds like a classic case of K1 denial because you did not submit the proper documents (signed affidavit of support, W2, income tax returns).  Maybe other reasons that they did not tell you about.  If you get married, make sure you spend lots of time together, face to face, and submit evidence of all of those visits with the I-130 petition.  Also co-mingling of finances evidence.  Be more careful this time and submit ALL documents, exactly as requested in the instructions here on VJ and also the USCIS website.  Don't "forget" to submit something or sign a document. This process is long and difficult and every detail is important.  Carelessness will not lead to success, especially in a high-fraud country.  How many times have you seen each other, in person, during the last two years?

Edited January 9, 2019 by carmel34
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[charly101 26]

13 hours ago, carmel34 said:

Sounds like a classic case of K1 denial because you did not submit the proper documents (signed affidavit of support, W2, income tax returns).  Maybe other reasons that they did not tell you about.  If you get married, make sure you spend lots of time together, face to face, and submit evidence of all of those visits with the I-130 petition.  Also co-mingling of finances evidence.  Be more careful this time and submit ALL documents, exactly as requested in the instructions here on VJ and also the USCIS website.  Don't "forget" to submit something or sign a document. This process is long and difficult and every detail is important.  Carelessness will not lead to success, especially in a high-fraud country.  How many times have you seen each other, in person, during the last two years?

Thank you very much. She only visited once before we applied for the K1.

[carmel34 3,633]

22 minutes ago, charly101 said:

Thank you very much. She only visited once before we applied for the K1.

Wow, one visit!  How much time together on that one visit?  You will need lots more time together, face to face, and evidence of these visits, plus co-mingling of finances evidence, before you submit the spousal visa petition if you want to increase your chances of approval, especially with the beneficiary in Nigeria, a high-fraud country.  Good luck!

[charly101 26]

52 minutes ago, carmel34 said:

Wow, one visit!  How much time together on that one visit?  You will need lots more time together, face to face, and evidence of these visits, plus co-mingling of finances evidence, before you submit the spousal visa petition if you want to increase your chances of approval, especially with the beneficiary in Nigeria, a high-fraud country.  Good luck!

When she came we spent two weeks together. She could stay more than two weeks due to her work schedule. She plans to visit this year and we already planing our marriage. Though i reside in Senegal but i am from Nigeria .My last interview was in Senegal.  Please you said something about co-mingling of finances evidence. Does it mean that we should open a joint account here in Senegal when she visit, and to prove to them . Please can you explain .Thanks

[carmel34 3,633]

18 minutes ago, charly101 said:

When she came we spent two weeks together. She could stay more than two weeks due to her work schedule. She plans to visit this year and we already planing our marriage. Though i reside in Senegal but i am from Nigeria .My last interview was in Senegal.  Please you said something about co-mingling of finances evidence. Does it mean that we should open a joint account here in Senegal when she visit, and to prove to them . Please can you explain .Thanks

Some of the ideas others have suggested include:

1. joint bank account if you can do it living in separate countries, statements showing that you both deposit and spend the funds on joint expenses

2. joint credit card account and statements showing you both use the card for expenses

3. joint lease on US apartment or both names on title if own a home

4. both names on utility bills for a residence together, even if you don't live together it is possible to do this in some locales

5. both names on health insurance, dental insurance, auto insurance, homeowners or renter's insurance, etc.

6. beneficiary named by petitioner on company pension plan, life insurance, investment accounts

7. will and living will for both parties, naming spouses in both legal documents

8. evidence of sending each other money, via Western Union, PayPal, etc. or cancelled checks

9. beneficiary listed as emergency contact for petitioner at work

10. both names on retail memberships like CostCo, Sam's Club, AAA, etc.

 

Evidence of anything that a married couple would normally do to combine finances.  A lot of this you can do living in separate countries, even without a SSN.  Look at the I-130 instructions for more information.

Edited January 9, 2019 by carmel34
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[Just Paul 4,595]

45 minutes ago, charly101 said:

She plans to visit this year and we already planing our marriage.

You are going to need more than one visit . . .  sounds like you previous visit was two years ago.   The more face to face time will help your bona fide marriage proof along with the commingling described above.  My wife was also a third country filer and the consulate had a lot of questions.   And we physically lived together for 5 months. 

[charly101 26]

1 hour ago, carmel34 said:

Some of the ideas others have suggested include:

1. joint bank account if you can do it living in separate countries, statements showing that you both deposit and spend the funds on joint expenses

2. joint credit card account and statements showing you both use the card for expenses

3. joint lease on US apartment or both names on title if own a home

4. both names on utility bills for a residence together, even if you don't live together it is possible to do this in some locales

5. both names on health insurance, dental insurance, auto insurance, homeowners or renter's insurance, etc.

6. beneficiary named by petitioner on company pension plan, life insurance, investment accounts

7. will and living will for both parties, naming spouses in both legal documents

8. evidence of sending each other money, via Western Union, PayPal, etc. or cancelled checks

9. beneficiary listed as emergency contact for petitioner at work

10. both names on retail memberships like CostCo, Sam's Club, AAA, etc.

 

Evidence of anything that a married couple would normally do to combine finances.  A lot of this you can do living in separate countries, even without a SSN.  Look at the I-130 instructions for more information.

Thanks