I-129F Denied at USCIS What Are My Options?

[Cherilyn 1]

My question is, are there really any viable options when my I-129F petition for K1 visa has been denied at the USCIS stage, other than, starting over with the K1 process, or, going into the K-3 spousal visa process? I am currently waiting for the notice to arrive in the mail from USCIS as to the reason for their denial and the options they say I have available to me to rectify this decision. Thank you for your feedback. 

Cherilyn

Edited June 28, 2021 by Cherilyn

[Mike E 11,742]

5 minutes ago, Cherilyn said:

My question is, are there really any viable options when my I-129F petition for K1 visa has been denied at the USCIS stage, other than, starting over with the K1 process, or, going into the K-3 spousal visa process? I am currently waiting for the notice to arrive in the mail from USCIS as to the reason for their denial and the options they say I have available to me to rectify this decision.

Your timeline notes an RFE.  What was the RFE and how did you respond? That might shed light on the what the denial might be.  
 

A K-3 is for married people.  K-3s are rarely done.  An I-130 / CR-1 would be the route to take.  

[canadian_wife 1,827]

I am sorry to hear of the denial.  Are you the petitioner or the beneficiary?  I have been around VJ long enough to know that most beneficiaries know the reason for a denial.  Even if the petitioner doesn't.

 

You may always move to the beneficiaries country.  Or move to a 3rd country (we considered that) or file for the Cr-1 spousal visa, the K-3 is outdated and obsolete so if you go the spousal visa route please do some research. 

 

Best of luck 

[Pinkrlion 2,724]

Majority of denials at USCIS stage are for not meeting the 2 year face-to-face requirement.  When is the last time you saw fiance before you filed for K-1?

[powerpuff 6,747]

26 minutes ago, canadian_wife said:

have been around VJ long enough to know that most beneficiaries know the reason for a denial.  Even if the petitioner doesn't.

That’s usually after the interview. Here, it didn’t go past USCIS. 

 

38 minutes ago, Cherilyn said:

the options they say I have available to me to rectify this decision

There are no appeals for K-1 petitions. I advise you meet and get married. Also, it would be good if you told us what the RFE was about as @Mike E said. 

[Cherilyn 1]

Am I safe to assume that when a I-129F is denied for whatever reason that there is no further action I can take to get it approved with USCIS? I am the petitioner. My fiance and I met May 27th, 2019 before filing the I-129F on February 29th, of 2020. 

[nastra30 2,323]

2 minutes ago, Cherilyn said:

Am I safe to assume that when a I-129F is denied for whatever reason that there is no further action I can take to get it approved with USCIS? I am the petitioner. My fiance and I met May 27th, 2019 before filing the I-129F on February 29th, of 2020. 

Another option is to get married and file I-130 petition for your spouse.

[Mike E 11,742]

2 minutes ago, Cherilyn said:

Am I safe to assume that when a I-129F is denied for whatever reason that there is no further action I can take to get it approved with USCIS? 

Without knowing the reason for the denial it is hard to say.
 

If USCIS incorrectly denied the petition (for example for not meeting in the past two years despite providing evidence) that might be one example that might lead to a successful appeal.   VJ is about DIY.  So for DIYer a DIY appeal is not likely to work.  I would see a lawyer about any appeal.  
 

What was the RFE? My guess is that is the core of issue.  

[Cherilyn 1]

The RFE was for termination of prior marriages and couple's bona fide intent to marry.

We are assuming that my fiance's past DS-160 applications are the reason for the denial, he applied 3 times, 1st his marital status was Single, the 2nd time he used a agent to file his DS-160 and the agent put him as Married and the 3rd time  used a trusted agency and they put him as Married. He has never been married nor have I. We submitted as our evidence which was advised to us by an attorney a sworn affidavit of our martial status as having never been married. Does USCIS go beyond our submitted evidence and do a background check of mine and my fiance's actual marital status?

[Boiler 45,939]

One of the requirements of a K1 is being free to marry, so that may well be why you were refused.

 

You would have needed to provide evidence of the termination of prior marriage at the Consulate anyway.

[Cherilyn 1]

How could we provide evidence of marriages that never took place and have never existed?

[Crazy Cat 42,062]

 

6 minutes ago, Cherilyn said:

How could we provide evidence of marriages that never took place and have never existed?

He can't.  He can't prove that he was never married. That is a big problem which we have seen  numerous times in the past.  Personally, I have never seen one of these cases turn out well.  Either the others have never resolved the issue, or they just never return to tell us how they resolved it.  

Edited June 29, 2021 by Lucky Cat

[Mike E 11,742]

22 minutes ago, Cherilyn said:

The RFE was for termination of prior marriages and couple's bona fide intent to marry.

We are assuming that my fiance's past DS-160 applications are the reason for the denial, he applied 3 times, 1st his marital status was Single, the 2nd time he used a agent to file his DS-160 and the agent put him as Married and the 3rd time  used a trusted agency and they put him as Married. He has never been married nor have I.

Ok, this info would have saved us all time.  
 

It is going to be difficult to get an approved I-129F or I-130.  I don’t think I’ve heard a of single case where the couple over came a previously false claim of being married.  
 

Prepare yourself for the likely outcome that your fiancé is never getting a K-1 or immigration visa or any visa to come to the USA.  

[JeanneAdil 6,609]

4 minutes ago, Cherilyn said:

How could we provide evidence of marriages that never took place and have never existed?

He is responsible for reading and putting his signature on the ds160 so  how do you prove not married?

better yet "how do you prove the other 2 times was not true ?"  and no one meant to lie?

[Crazy Cat 42,062]

@Cherilyn, please update us when you get the official reason for the denial.  Thanks.