I-129F filed, rejection notice given two weeks later. Decided to scrap USA plans for now and live in UK next few years instead

[J / A 0]

Hi all,

Original plan was for my German fiance and I to marry Stateside and live out here while she acquires her Green Card and right to work in USA via I-129F/K1/AOS/etc. Well, after weeks of putting the whole I-129F packet of information together with evidence and all that and mailing it out to the US Embassy on the 3rd of January, the packet was returned to me on the 17th of January with a big fat rejection notice along with an emblem of the Statue of Liberty stamped on to it. The reason given? "The application/petition has not been fully completed" due to a mistake in address on one of the forms. I wrote her address down as MIDDX under Province instead of Middlesex (MIDDX is the accepted abbreviation used in the UK, much like IL is to Illinois) and under country wrote "GB" instead of United Kingdom... talk about nit picky!

At first I was really upset. K1 visa's will take up until at least August at this point (meaning at least 7 months of being apart) and we were planning a small wedding for the earlier part of that month. Due to this rejection, I'll have to redo the packet and mail it out again and likely not get her approved for a K1 visa until September or even October now. sh*t out of luck, right?

Well after hard thinking and waking her up in the middle of the night to go over my thoughts with her (poor girl), we have decided that this sudden turn of events might not actually be all that bad. It has given us time to rethink our not so distant future. Even days after mailing out the packet for her to get the visa to marry and live with me in the States, I thought about cancelling the check with my bank and instead marry her in Europe to live a couple more years in London and then move back to the States once kids come into the picture. I shrugged this thought off and told myself "too late for this now". But now that this packet has been sent back to me, this is the way we'd like to go. I left my life behind in England in August, and it would be an absolute dream to be able to go back out there for a couple more years to do a bit more travels and find closure on my own terms.

Just yesterday I filed for a visitor marriage visa for the UK and we both will marry March 26th (much better than having to wait until September or later) and I will be moving out there early April on an EEA Family Permit which will give me 6 months right to live and work in the UK followed by immediately filing for an EEA2 visa which will give me the same rights but for five years. The both of us couldn't be happier with this decision.

But my question for you guys is as we already started the I-129F process, do we need to write a letter to USCIS letting them know our change of plans? Or since the packet was sent back to me with a rejection notice and the check wasn't processed, do we not need to do anything? Also, will this be listed in the system three to four years from now hurting her visa chances when we decide to move back to the States?

All help regarding this matter is greatly appreciated!

Regards,

JP

Edited January 29, 2011 by JP & Antje

[Y&E 12]

Good on you for making the decision to move to Europe for the time being. I wish that my (now) husband had felt the same. As to your question, as your petition has been rejected and returned (hopefully they didn't cash the cheque) I don't believe that you have to do anything further. You do not have a case number to cancel so that makes life easier.

Good luck with your move back to the UK.

[JimVaPhuong 4,863]

Was it rejected or denied? Just curious. Usually, when they reject it you get your money back. When they deny it you don't. Also, did you really mean it when you said you "mailed it to the US Embassy"? US embassies don't accept I-129F's. They have to be filed with USCIS in the US. Not even the same branch of the US government.

Anyway, your petition is dead. You don't have to do anything else.

[Al422 221]

I read a thread here about somebody where the foreign fiance had an old K-1 that she abandoned but nobody formally scrapped. It came back to haunt them at the embassy.

So, yeah, scrap that bad boy and get it formally withdrawn so when you re-apply at some point in the future, it won't sink your ship.

[J / A 0]

Was it rejected or denied? Just curious. Usually, when they reject it you get your money back. When they deny it you don't. Also, did you really mean it when you said you "mailed it to the US Embassy"? US embassies don't accept I-129F's. They have to be filed with USCIS in the US. Not even the same branch of the US government.

Anyway, your petition is dead. You don't have to do anything else.

Sorry, a bit of miswording there. I sent it to the Dallas USCIS Lockbox. Also, my check came along with the packet which was returned to me and it wasn't cashed (thankfully).

Looking at the "I-797C, Notice of Action now" Here is a bit of info from it..

Notice Type: "Rejection Notice:

USCIS Alien Number: [blank]

Recepit Number: Receipt number given

And on the bottom of the page there is a TRN # as well as BIN #.

Am I to assume all is okay here and just leave it until we decide to move back to the States in a couple years?

Good on you for making the decision to move to Europe for the time being. I wish that my (now) husband had felt the same. As to your question, as your petition has been rejected and returned (hopefully they didn't cash the cheque) I don't believe that you have to do anything further. You do not have a case number to cancel so that makes life easier.

Good luck with your move back to the UK.

Thank you! We are both quite chuffed about this. England is an incredible place to live. Just love the whole vibe of the country.. the people, the pubs, the history, the sights, and of course easy cost efficient links to visit other countries. Sorry your husband didn't feel the same as I! Perhaps he will change his mind down the road

[J / A 0]

I read a thread here about somebody where the foreign fiance had an old K-1 that she abandoned but nobody formally scrapped. It came back to haunt them at the embassy.

So, yeah, scrap that bad boy and get it formally withdrawn so when you re-apply at some point in the future, it won't sink your ship.

This is what we are afraid of. We would hate for this rejection due to minor mistake (abbreviating instead of writing out fully, of all things!) would hurt her chances of coming back at some poiont down the road.

More than happy to formally withdraw our case. Just need to know how I would go about doing it and where I would send it to?

[J / A 0]

In the rejection notice, it also said this:

"The I-129F you submitted has been received by our office for the following beneficiaries: [fiance's name here].

Your I-129F fees and any supporting documentation is being returned to you for the following reason(s):

The application/petition has not been fully completed. One or more of the following field(s) were not completed:

- Part B Address

Please sensure that you have answered all questions fully and accurately, and return your application package with appropriate fees and supporting documentation to the USCIS address below.

Please be sure to complete the petition fully, submit the approrpriate fees, and include all required supporting documentation."

Just thought I'd add this as well to give more information on what I'm talking about.

[ThaitoUSA 15]

Since the check was never cashed and the petition was rejected, it would seem as there is no case to withdraw.

[Tero 105]

They rejected your petition because the form was not filled properly. You have not been assigned a case number yet, so there is nothing to cancel. The other case about someone who did not properly withdraw their previous petition is very different from yours because

1. They had a case number and theirs had gone through different stages already.

2. Two different petitioners were involved for one beneficiary in a short space of time.

As long as it is just you and your fiancée, still same-ol couple, you have nothing to worry about. What are you even going to cancel when your petition is in your hands and your check not cashed? Enjoy your trip and your wedding

[Christi85 86]

Good luck with your move and your plans.

As I'm not a UK citizen myself (but an EEA national), we went through the same EEA-family member process to extend my husband's (USC) stay in the UK until we were ready to go through the US immigration journey, which is where we ultimately wanted to be.

Just to warn you to be prepared for a long-ish wait to be granted the actual 5-year Residence Card (average waiting time is currently 4-5 months from applying) during which your passport is with them. The good news is that you can request your passport back if you're planning to travel and they will send it back, so not much hassle here.

Also, be warned that, although you get sent a letter within a month of your application which states that you can live and work in the UK until your application is decided, many employers don't find this enough evidence (and are also completely unaware of the laws) and refuse to hire you until you actually have the Residence Permit in hand. My husband was lucky as he already had a job from when he was still on his previous visa, and nobody in his company ever questioned how he was extending his legal stay etc. although he was prepared to show them the letter (I think they completely forgot ).

A final point to take into account is that the Residence Card is not granted to family members of EEA nationals in general, but to the family members of EEA nationals who are exercising Treaty Rights in the foreign member-state they apply to (in your case, the UK). In practical terms this means that one of the following should be true:

-the EEA national must be employed in the UK

-the EEA national must be self-employed in the UK

-the EEA national must be a student in the UK

-the EEA national must be living in the UK as a self-sustained person (i.e. through no recourse to public funds)

In addition to proof of the above, if the EEA national sponsoring their family member falls in the latter two categories (i.e. not in an employed/self-employed status), they also have to prove that they have comprehensive health insurance covering them and their family members. Important note here: NHS coverage alone is NOT considered comprehensive coverage for people who don't work/contribute taxes to the UK government for the purposes of the Residence Card application, and lots of cases have been rejected due to that "little detail". That means that if the EEA national falls into any of the latter two categories, they are obliged to purchase private health insurance in order for their family member to be deemed eligible for the Residence Card.

Just some food for thought, in order for you to be prepared for what lies ahead. Again, good luck with your plans!

[Aztec&Taino 144]

Good luck to you and your fiancee on your newly minted plans. I think it is a great thing to have life options and I think that it is a great opportunity for couples with beneficiaries in 1st world countries to consider moving out of the US rather than bringing their fiance(e)s here. For many of us, our loved ones country is beautiful and culturally rich, but the economic opportunities are few so it makes much more sense to make a life in the US.

[Gary and Alla 3,694]

Your case was rejected. As far as USCIS is concerned, it does not exist. There is nothing you need to do.

If you are living legally in a foreign country for more than 6 months and get married there and later decide to move back, you can file for a CR-1/IR-1 by Direct Consulate Filing (DCF)

[J / A 0]

Good luck with your move and your plans.

As I'm not a UK citizen myself (but an EEA national), we went through the same EEA-family member process to extend my husband's (USC) stay in the UK until we were ready to go through the US immigration journey, which is where we ultimately wanted to be.

Just to warn you to be prepared for a long-ish wait to be granted the actual 5-year Residence Card (average waiting time is currently 4-5 months from applying) during which your passport is with them. The good news is that you can request your passport back if you're planning to travel and they will send it back, so not much hassle here.

Also, be warned that, although you get sent a letter within a month of your application which states that you can live and work in the UK until your application is decided, many employers don't find this enough evidence (and are also completely unaware of the laws) and refuse to hire you until you actually have the Residence Permit in hand. My husband was lucky as he already had a job from when he was still on his previous visa, and nobody in his company ever questioned how he was extending his legal stay etc. although he was prepared to show them the letter (I think they completely forgot ).

A final point to take into account is that the Residence Card is not granted to family members of EEA nationals in general, but to the family members of EEA nationals who are exercising Treaty Rights in the foreign member-state they apply to (in your case, the UK). In practical terms this means that one of the following should be true:

-the EEA national must be employed in the UK

-the EEA national must be self-employed in the UK

-the EEA national must be a student in the UK

-the EEA national must be living in the UK as a self-sustained person (i.e. through no recourse to public funds)

In addition to proof of the above, if the EEA national sponsoring their family member falls in the latter two categories (i.e. not in an employed/self-employed status), they also have to prove that they have comprehensive health insurance covering them and their family members. Important note here: NHS coverage alone is NOT considered comprehensive coverage for people who don't work/contribute taxes to the UK government for the purposes of the Residence Card application, and lots of cases have been rejected due to that "little detail". That means that if the EEA national falls into any of the latter two categories, they are obliged to purchase private health insurance in order for their family member to be deemed eligible for the Residence Card.

Just some food for thought, in order for you to be prepared for what lies ahead. Again, good luck with your plans!

Christi, thank you much for the information. I have done much research on the matter and know the implications of finding work before EEA2 is processed and returned to me. The downside is that nowadays it might take longer than what you said, up to 6-8 months, which is why I am getting an EEA Family Permit to work for the time being. Did your husband have difficulty finding work on an EEA Family Permit?? I ask because this Permit allows a 6 months right to work and is extended beyond 6 months as long as the EEA2 is processing. So in other words, there is never going to be a time I will be out there when I will be legally unable to work. I have my finger's crossed that I will be given a teaching position at the school I taught at from 2008-2010. But if not, I willy supply teach for the time being. Really hoping I don't run into any problems finding work..

About the EEA National, we don't have to worry about any of that since my fiance isn't a student or self-employed, but has a secure job within a company she's been working with for over five years.

Many thanks to you all for the help!

[Christi85 86]

Christi, thank you much for the information. I have done much research on the matter and know the implications of finding work before EEA2 is processed and returned to me. The downside is that nowadays it might take longer than what you said, up to 6-8 months, which is why I am getting an EEA Family Permit to work for the time being. Did your husband have difficulty finding work on an EEA Family Permit?? I ask because this Permit allows a 6 months right to work and is extended beyond 6 months as long as the EEA2 is processing. So in other words, there is never going to be a time I will be out there when I will be legally unable to work. I have my finger's crossed that I will be given a teaching position at the school I taught at from 2008-2010. But if not, I willy supply teach for the time being. Really hoping I don't run into any problems finding work..

About the EEA National, we don't have to worry about any of that since my fiance isn't a student or self-employed, but has a secure job within a company she's been working with for over five years.

Many thanks to you all for the help!

You are right about processing times for the EEA2, but if your case is straightforward (and it looks like it is) then it shouldn't take longer than 4-5 months by current standards. My husband got his exactly 4.5 months after he applied, but the issuance date on the RC was actually a month back (so it was issued 3.5 months after the application). Don't know why it took them so long to mail it out..

Husband didn't switch from a Family Permit (he never had one). He first came to the UK as a postgrad student and then applied for and got a Tier 1 Post-Study Work visa. So when he applied for the EEA2 he was a couple months before the expiration of his PSW visa. He did have some problems with employers back when his PSW application was pending and he was legally allowed to work on his un-expired student visa (by law, he could work full-time as long as he was done with his classes), but employers didn't seem to like/fully believe that. Quite a few told him he did well at the interview but they couldn't proceed until he had the visa in hand, and on one occasion they even cancelled his interview when they found out about his visa status and told him to call them back when he had his visa. After he got the PSW visa, he got a job offer within weeks, but he'd been looking/talking to many employers in the preceding months, so he had the leads lined up. I've heard from other people that it can be equally tricky with the EEA Family Permit/EEA2 with some employers.

BUT if you already have some good leads (plus the fact that you're a teacher and teachers are always in demand here!) you shouldn't have a problem. It also depends on the field of work, I guess. Teaching is a field that always needs people, it seems. Hope your school is happy to hire you back

Good luck again!

[florinaRO 5]

Because of the long time apart we wanted to do same thing: my fiance to come to live in Europe for a while, get married and go back after that. We checked with the lawyer and we realized that we will be apart more time if married and both outside US. I just showed ur post to my fiance and I am copy /pasting what he said (he is not logged in so he cannot post, I guess):

My understanding is that he will have to prove residence in the U.S. while she is forced to stay outside the country, and that a spouse visa takes much longer than a fiancee visa.

Won't he have to apply for an I-129 again when he decide to move to the U.S.? My understanding is that the citizen has to prove residence in the U.S. while the spouse isn't allowed to enter the U.S. Also, a spouse visa takes much longer to process than a fiancee visa.12:17 PMHave you checked your plan with an immigration lawyer?Although, as a German citizen, she can enter the U.S. for up to six months without a visa.We might be wrong though, I just wanted to point out that we had these plans and we realized that we will have to be apart more ....

Hope everything will go well for all of us !