fiance visa appeal

[Tatiana S 20]

Hi everybody.
 

I hope for your understanding and advice who has come across an appeal for a fiance visa.

I apologize in advance for the mistakes. I know a little bit English. My fiance and I speak my native language.
 

We filed an appeal on October 16 as our visa was denied due to a typographical error on my fiance's divorce document.

We sent the first documents on March 20, 2020, received the RFE on November 20, 2020, responded on February 12, 2021 (at that time we did not have the correct documents and we sent an explanation), on August 9, 2021 we sent the correct documents, on September 16 we received a denied (in the letter they indicated all our calls but did not write anything about the correct documents. I think they missed it)
 

How  can we know the procedure for considering appeals, the time frame, and should they send us some kind of track number?

Could we have problems that at the time of submitting a visa (March 20, 2020) we provided evidence about our meeting, two years of which will expire in December 2021? (in 2021 we met 4 times, but these documents were not sent as we were waiting for an answer on the visa)

Edited October 19, 2021 by Tatiana S

[arken 4,197]

I don't think you can appeal a visa denial. Now that you have correct documents, your best course is to go with a new petition.

Edited October 19, 2021 by arken

[Tatiana S 20]

3 minutes ago, arken said:

I don't think you can appeal a visa denial. Now that you have correct documents, your best course is to go with a new petition.

We consulted with a lawyer and he said that we have a chance and need to try. 

But the lawyer's assistant made a mistake in the one document and wrote a completely different name instead of my fiance's name.🤦‍♀️
When we noticed this, they managed to get the letter from the mailbox and correct before it was sent.
But now I have no confidence in this lawyer.

[Letspaintcookies 2,291]

Unlike the CR-1, K1 visa denials usually can't be appealed. That's one of the downfalls of this category.

What was the original timeframe given to you to respond to the RFE? Did they extended it for you after you sent in your explanation? Cause if not you're simply too late when you finally sent in the right documents. 

[TBoneTX 44,792]

The lawyer needs -- and, better, you need -- to check all papers before they're sent.

[Tatiana S 20]

5 minutes ago, Letspaintcookies said:

Unlike the CR-1, K1 visa denials usually can't be appealed. That's one of the downfalls of this category.

What was the original timeframe given to you to respond to the RFE? Did they extended it for you after you sent in your explanation? Cause if not you're simply too late when you finally sent in the right documents. 

As far as I know, it is not subject to appeal if the consul denied after interview.
We had only one RFE and we managed to send our explanation on time.

After that, we have never gotten RFE

The denial letter said that we have the option to file an appeal.

I also found this information about the I -129F https://www.uscis.gov/i-290b/eligibility

[arken 4,197]

Just to clarify, did you mean your i129f got denied by the uscis after RFE or the visa was denied after the interview and subsequent rfe?

[Tatiana S 20]

17 minutes ago, TBoneTX said:

The lawyer needs -- and, better, you need -- to check all papers before they're sent.

You're right, but they sent the documents to uscis and us (to gmail) at the same time in the late evening.

And we found the mistake the next morning.

Edited October 19, 2021 by Tatiana S

[Tatiana S 20]

4 minutes ago, arken said:

Just to clarify, did you mean your i129f got denied by the uscis after RFE or the visa was denied after the interview and subsequent rfe?

Yes dear 
We got denied by the uscis after RFE. We sent a correct document and got a denied. I think they missed our correct document. 

[arken 4,197]

2 minutes ago, Tatiana S said:

Yes dear 
We got denied by the uscis after RFE. We sent a correct document and got a denied. I think they missed our correct document. 

When was the RFE due? You got RFE on Dec 2020 and sent the correct document on Aug 2021. Uscis is not required to look at anything sent after the due date.

[Tatiana S 20]

11 minutes ago, arken said:

When was the RFE due? You got RFE on Dec 2020 and sent the correct document on Aug 2021. Uscis is not required to look at anything sent after the due date.

We got RFE on November 2020 and had deadline to February 14. 
We sent an explanation that this is a typographical error and documents that confirm that a court was appointed to correct this error. 
We sent the correct documents on August 9th.

The denied was received on September 16. In the letter from uscis, they listed all our calls to uscis (also we had a conversation with Tier 1), but did not indicate anything about the fact that they received our correct documents.

We have already sent the documents for the appeal and paid the tax.
Therefore, I have such questions now:

How  can we know the procedure for considering appeals, the time frame, and should they send us some kind of track number?
 

Could we have problems that at the time of submitting a visa (March 20, 2020) we provided evidence about our meeting, two years of which will expire in December 2021? (in 2021 we met 4 times, but these documents were not sent as we were waiting for an answer on the visa)

Edited October 19, 2021 by Tatiana S

[carmel34 3,576]

6 minutes ago, Tatiana S said:

We have already sent the documents for the appeal and paid the tax.
Therefore, I have such questions now:

How  can we know the procedure for considering appeals, the time frame, and should they send us some kind of track number?
 

Could we have problems that at the time of submitting a visa (March 20, 2020) we provided evidence about our meeting, two years of which will expire in December 2021? (in 2021 we met 4 times, but these documents were not sent as we were waiting for an answer on the visa)

You can appeal a USCIS denial of the I-129F petition, which you have done, but appeals can take a very long time, there are no processing times posted for an I-290B on the USCIS website.  It could take a year, two years, even more, most likely longer than filing a new I-129F, which is what I recommend.  Either that or get married and file an I-130 petition for a spousal visa.  If you continue with the I-290B appeal process, they will base their decision on the documents you submitted with the appeal form plus evidence of meeting within two years of filing the original I-129F petition.  If you choose to file a new I-129F, you can include evidence of the more recent visits that are within two years of filing it.  Good luck!

[Tatiana S 20]

5 minutes ago, carmel34 said:

You can appeal a USCIS denial of the I-129F petition, which you have done, but appeals can take a very long time, there are no processing times posted for an I-290B on the USCIS website.  It could take a year, two years, even more, most likely longer than filing a new I-129F, which is what I recommend.  Either that or get married and file an I-130 petition for a spousal visa.  If you continue with the I-290B appeal process, they will base their decision on the documents you submitted with the appeal form plus evidence of meeting within two years of filing the original I-129F petition.  If you choose to file a new I-129F, you can include evidence of the more recent visits that are within two years of filing it.  Good luck!

thanks for the answer.
Therefore, with documents confirming that it was a typographical error, we had to send confirmation of our meetings that were after the filing of i-f129?  Did I understand correctly?

[Crazy Cat 41,323]

1 hour ago, Tatiana S said:

We consulted with a lawyer and he said that we have a chance and need to try. 

Is that attorney providing free services?  

[JeanneAdil 6,401]

Your lawyer should have responded to the RFE and corrected the error

He did not do so in time

you had a date to respond by February 14th and you did not respond till August

 

your only recourse is to reapply with new petition and send a letter explaning the error on 1st application

 

you can't appeal your mistake(s) 

1.  not checking paperwork before sending it in

2.  not responding to RFE in timely manner / deadline is a deadline