We got our fiance K1 visa denied/rejected!?

[Jermea 0]

Hello all,

Im a bit of a newb ..Ive read and read some more through this forum section and I cant quite seem to find the information Im seeking. Appreciating all in advance

We're in the early stages - having filed the I-129f in January 2007 and off it went to California. It was received and then they asked for confirmation of proof regarding our relationship for the duration of 2 years etc etc (we included pictures etc from October 2006-July 2007) which we provided and sent off in July 2007.

Now my fiance (who is currently in the USA) had a letter sent to him explaining the proof we have sent is not valid because it is too recent (the January-July 07 stuff) and he had 30 days to resubmit the information and pay $500 dollars. Im very confused about all of this and I was wondering if anyone has experienced anything similar? My fiance also noticed they spelt his name incorrectly and some of the dates were stated incorrectly by the USCIS, he is looking into an attorney or ringing the USCIS to get to the bottom of this.

Also, I was wondering if we do not honour the 30 days to resubmit do we have to start from the very beginning? Is there a waiting period? Or is that the end permanantly?

So many questions! Sorry if its already been listed.. but Im feeling like a mushroom, being fed ####### and kept in the dark! I thank you all oh so much in advance for everything!

[kitkat1 5]

What exactly does the RFE say? What exactly did the first RFE ask?

The petition requires that you have MET in the prior two years in person - it does not require proof of an ongoing relationship or two years worth of proof. And yes, you must submit it within the time frame. But there should be no reason for you to pay any fees - you submitted long before the fee increase. I would have a consult with an immigration attorney - don't waste your time calling USCIS since they are worthless.

[rebeccajo 14]

We'd almost have to see his RFE's (Request for further evidence) to advise you completely. But - USCIS doesn't state you have to send them more money to get an approval.

Here's what I am guessing happened:

1. Your fiance didn't send (in the original package) proof you had met in the last two years. He received an RFE requesting that information.

2. He sent the information in July of this year. If you filed in January, it's likely he received the RFE far before July. It almost sounds to me like he sent the evidence in too late.

3. Your petition was denied due to failure to respond to the RFE in a timely manner. So now if you want to refile again, you will need to pay the higher fee.

[misa 2]

What was submitted as evidence of meeting within 2 years prior to filing aside from the photos? Were the photos dated?

Edited September 3, 2007 by misa

[TSC_2003_0918 0]

Yes, please provide the exact timeline of everything so far.

In any case, you would need to be sure what was sent when, what reply (RFE) was received when and

what is the present exact status of your case. Any / all of us can help you based on that timeline.

Both of you would need to have a clear idea what was filed & when. Please maintain a complete file of all your records / application and replies.

[kitkat1 5]

We'd almost have to see his RFE's (Request for further evidence) to advise you completely. But - USCIS doesn't state you have to send them more money to get an approval.

Here's what I am guessing happened:

1. Your fiance didn't send (in the original package) proof you had met in the last two years. He received an RFE requesting that information.

2. He sent the information in July of this year. If you filed in January, it's likely he received the RFE far before July. It almost sounds to me like he sent the evidence in too late.

3. Your petition was denied due to failure to respond to the RFE in a timely manner. So now if you want to refile again, you will need to pay the higher fee.

I agree with rebeccajo. I wondered about the returning the evidence in July - I assume that's why they said you have to file again and pay the new fee -- the evidence wasn't returned in a timely fashion. . .

[Jeraly 4]

I would have a consult with an immigration attorney - don't waste your time calling USCIS since they are worthless.

[TracyTN 237]

We'd almost have to see his RFE's (Request for further evidence) to advise you completely. But - USCIS doesn't state you have to send them more money to get an approval.

Here's what I am guessing happened:

1. Your fiance didn't send (in the original package) proof you had met in the last two years. He received an RFE requesting that information.

2. He sent the information in July of this year. If you filed in January, it's likely he received the RFE far before July. It almost sounds to me like he sent the evidence in too late.

3. Your petition was denied due to failure to respond to the RFE in a timely manner. So now if you want to refile again, you will need to pay the higher fee.

I agree with rebeccajo. I wondered about the returning the evidence in July - I assume that's why they said you have to file again and pay the new fee -- the evidence wasn't returned in a timely fashion. . .

And, it might be wise not to refer to your fiance as your spouse (as in the thread's subtitle