I129F denied due to 2 year meeting requirement, next steps for person with flying phobia? (merged)

[pushbrk 12,876]

2 minutes ago, devusr said:

I got the denial letter - it is because of the 2 year meeting requirement and they said that even though I responded to the RFE with doctor's letter, medications tried, and a statement....it is still not enough evidence.

 

They said I can appeal the case if I want.

 

2 questions:

1) Do I need to withdraw the petition if I'm going to apply for the CR1? Do I need to do anything in regards to this prior to applying for CR1 or getting married?

 

 

 

 

Yes, you should withdraw the petition but you can do it with a simple letter accompanying your filing of the I-130 after you return from your months in Sri Lanka.

[devusr 41]

25 minutes ago, pushbrk said:

Yes, you should withdraw the petition but you can do it with a simple letter accompanying your filing of the I-130 after you return from your months in Sri Lanka.

What should the letter state?

[SalishSea 17,818]

21 hours ago, devusr said:

Go and read the 129-F instructions WITHOUT thirdparty research.

Visa Journey is a DIY site.  Most of us have done our entire process without third party assistance.

[pushbrk 12,876]

11 minutes ago, devusr said:

What should the letter state?

I hereby withdraw the I-129F petition, receipt number XXX filed in behalf of Her Full NAME.

[pushbrk 12,876]

1 minute ago, Jorgedig said:

Visa Journey is a DIY site.  Most of us have done our entire process without third party assistance.

Well, yes, reading the I-129F instructions without 3rd party assistance is not the issue here.  It was the "convenient interpretation" of the instructions.  The OP's interpretation was "convenient" but also reasonable.  It's hindsight that tells him that was a mistake.  Life works that way sometimes.  He knows what to do now though.

[SalishSea 17,818]

8 hours ago, Emilyis2nd said:

I know this sounds like left field but have you tried contacting your Congress person? I would have them look into it for you and get some direct answers. That way you then have a paper trail as well to hold them accountable later. I made a call about the case I had filed and the delays at Guyana and they opened an investigation... evidently USCIS answers when they see a representative on the caller ID

For what purpose?  USCIS correctly denied the petition, as OP did not meet the eligibility to file it.  No need to waste the time of congress.

[SalishSea 17,818]

53 minutes ago, devusr said:

They said I can appeal the case if I want.

If you want to read AAO decisions of other appeal attempts, they are available online at uscis.gov.  Go to the far right under 'legal resources,' then click on non-precedent administrative decisions.

 

In my spare time whilst waiting for my (now) husband to get here, I read them all.  

Edited July 27, 2020 by Jorgedig

[SalishSea 17,818]

@Lucky Cat

 

"Tales of the Green Card"

Edited July 27, 2020 by Jorgedig

[devusr 41]

2 hours ago, pushbrk said:

Yes, you should withdraw the petition but you can do it with a simple letter accompanying your filing of the I-130 after you return from your months in Sri Lanka.

Can I mail them the withdraw letter now and then again include the same letter in the I-130 when I file it?

[pushbrk 12,876]

4 minutes ago, devusr said:

Can I mail them the withdraw letter now and then again include the same letter in the I-130 when I file it?

No harm in doing unnecessary things.

[Mike V 56]

2 hours ago, pushbrk said:

Well, yes, reading the I-129F instructions without 3rd party assistance is not the issue here.  It was the "convenient interpretation" of the instructions.  The OP's interpretation was "convenient" but also reasonable.  It's hindsight that tells him that was a mistake.  Life works that way sometimes.  He knows what to do now though.

It took me all of twenty seconds with Google to learn that the poster's excuse for an exception was not acceptable.

[devusr 41]

 

2 hours ago, pushbrk said:

I hereby withdraw the I-129F petition, receipt number XXX filed in behalf of Her Full NAME.

Should I include the reason why I'm withdrawing it?

[pushbrk 12,876]

41 minutes ago, devusr said:

 

Should I include the reason why I'm withdrawing it?

No reason is needed.  It's just a formality.  The petition has already been denied.  This is laborious.  I advised you what to do.  Complicate it if you want.

[sl1pstream 551]

22 hours ago, pushbrk said:

Well, yes, reading the I-129F instructions without 3rd party assistance is not the issue here.  It was the "convenient interpretation" of the instructions.  The OP's interpretation was "convenient" but also reasonable.  It's hindsight that tells him that was a mistake.  Life works that way sometimes.  He knows what to do now though.

To be fair, considering the amount of money he sent his girlfriend, he could've talked to a lawyer if he was going to try to get out of one of the few requirements he needed to meet to get his petititon approved.

 

20 hours ago, Mike V said:

It took me all of twenty seconds with Google to learn that the poster's excuse for an exception was not acceptable.

Also this. This was an option.

It's just a little frustrating to then read OP's posts about people trying to do it the right way getting punished, which suggests that a lot, if not all, people on here aren't genuine in their pursuit or haven't had a hard time trying to get through the process with the current added difficulty of a pandemic.

The fact that this whole story screams red flag until it's red in the face is adding to his difficulty of getting the petition accepted and he still wants them to make that specific exception for  the person who voluntarily looked for someone who lives on the other side of the planet. Someone whose family he probably at some point needs to fly to because it doesn't look like they'll be able to fly to them because of their financial situation.

And also he's lived there, plus he's immigrated from outside the US in the past as well. While his fear of flying is probably real, that excuse was never going to fly in the first place.

Edited July 28, 2020 by sl1pstream

[Miriamc 34]

On 7/22/2020 at 1:51 PM, devusr said:

Yes, if one has unlimited money or a rich uncle , we can go to Sri Lanka by spaceship. No amount of medication can help this type of phobia, all it does is calm a person down a bit by reducing blood pressure....the anxiety is still there. Only a person with this condition can understand.

 

If I'm going to Sri Lanka, will a 3 week stay just once be enough?

Have you tried exposure therapy? In this type you would do therapy and then the therapist would go in the airplane with you( not all the way there) but a short flight in the states .  I am not trying to undermine your phobia, but their can be ways to overcome  phobias with hard work and time. It’s not magic, and won’t happen overnight. Just a suggestion as being in a transcontinental relationship, with one person not being able to come here, and the other unable to fly is obviously a lot of extra hurdles. Good luck!