Notice of decission was dismmised

[usaguy 0]

ozgurls visa had timed out because she had family issues that had to be taken care of at the time. We thought we could sqedual an interview after that. She requested an interview and recieved a letter stating it had timed out. USCIS told us we could refile. So I refiled an I129f and sent a check for $455.00. USCIS recived that on July 7th 2010. December 23 2010 they sent me a a letter stating the I129f petiton had been denied.They claimed we did not have a relationship, Well They approved the first one so we had a relationship back then. I have been to Australia to see ozgurl about 10 times and she has been here once. This was the california Laguna Niguel service center.It stated I could file an apeal or a motion to reopen/reconsider the case on form I290b for another $630.00.I decided to file a motion to reopen /or reconsider the case. I filed out the form made copies of pics of us, copies of some of my pages filled with Sydney customs stamps and wrote a very long statement about our relationship. They cashed my check and on Jan 31st 2010 Sent out a notice of decision. It stated this motion will be dismissed Therefor the previous denial decission will remain unchanged. This document has the stamped signature of the director I dont know if I can state her name here or not but there is only one director.

[Inky 1,110]

ozgurls visa had timed out because she had family issues that had to be taken care of at the time. We thought we could sqedual an interview after that. She requested an interview and recieved a letter stating it had timed out. USCIS told us we could refile. So I refiled an I129f and sent a check for $455.00. USCIS recived that on July 7th 2010. December 23 2010 they sent me a a letter stating the I129f petiton had been denied.They claimed we did not have a relationship, Well They approved the first one so we had a relationship back then. I have been to Australia to see ozgurl about 10 times and she has been here once. This was the california Laguna Niguel service center.It stated I could file an apeal or a motion to reopen/reconsider the case on form I290b for another $630.00.I decided to file a motion to reopen /or reconsider the case. I filed out the form made copies of pics of us, copies of some of my pages filled with Sydney customs stamps and wrote a very long statement about our relationship. They cashed my check and on Jan 31st 2010 Sent out a notice of decision. It stated this motion will be dismissed Therefor the previous denial decission will remain unchanged. This document has the stamped signature of the director I dont know if I can state her name here or not but there is only one director.

Did you include other evidence of relationship? or just pictures and stamps etc. Other evidence being phone bills, skype chats, msger chats, emails, snail mail letters / cards / packages proof that you have an on going relationship?

[usaguy 0]

Did you include other evidence of relationship? or just pictures and stamps etc. Other evidence being phone bills, skype chats, msger chats, emails, snail mail letters / cards / packages proof that you have an on going relationship?

Most of our contact is on window live messenger with cams and voice. Is it rely the california service centers buisness what we say and type on messenger? Is her life rely that boring that she needs to know every detail of our personal lives? Besides I spend time with ozgurl every year. She seemed to me like she had no intention of approving my petions for ozgurl. It was approved before it's not like she is a differn't person. Seems to be an abuse of power. She shure did not waste any time cashing my checks.

[staceluvyou 6]

Most of our contact is on window live messenger with cams and voice. Is it rely the california service centers buisness what we say and type on messenger? Is her life rely that boring that she needs to know every detail of our personal lives? Besides I spend time with ozgurl every year. She seemed to me like she had no intention of approving my petions for ozgurl. It was approved before it's not like she is a differn't person. Seems to be an abuse of power. She shure did not waste any time cashing my checks.

why don't you get married in australia and file a l-130?

[Mike&Cherry 45]

I know that you don't want to send all that stuff in, but you would have been so much better off by sending a record of Messenger video calls, emails, a couple sample of your chats. You can also send a record of chat log times. Also phone records will definately help. If you don't have this stuff you might want to start making evidence and gathering as much as possible. Also when you go to see your fiance in two weeks keep all receipts and take new pictures. Time stamp pictures may help. Also if you have Western Union money transfer receipts too. I'm sure you will do anything to be with your fiance so just give all the evidence that you can so that she can be approved. If all else fails with Fiance Visa you can always get married and go for the CR-1 Visa. Also if you don't have phone records spend the extra money and start making them. The burden of proof is on you and USCIS or Consulate will not assume anything or research anything. If you flood them with evidence then they can't find any reason to refuse her. Good luck.

[Harpa Timsah 13,258]

See other half of topic here:

http://www.visajourney.com/forums/topic/294186-k1-visa-timed-out/

Edited February 7, 2011 by Harpa Timsah

[Mike&Cherry 45]

Also here's a link to what Ozgurl has written here on Visa Journey.

http://www.visajourney.com/forums/topic/294186-k1-visa-timed-out/

[usaguy 0]

I once married an aussie Here in the USA from Melbourne Vic. The approval process took so long and Sept 11th happened durring the process. Eventualy she had an affair and filed for divorce. That took a year, as well. It takes a full year of being seperated to get divorced in Australia.

[usaguy 0]

In the notice of decission ( of the motion to reopen or reconsider.) It does not say anything about apealing again,it says this motion is dismissed. also it says the previous denial decission will remain unchanged. Does that mean it's all over and I have no more rights?

[LIFE'SJOURNEY 970]

I once married an aussie Here in the USA from Melbourne Vic. The approval process took so long and Sept 11th happened durring the process. Eventualy she had an affair and filed for divorce. That took a year, as well. It takes a full year of being seperated to get divorced in Australia.

This doesn't make any sense, why didn't you just get marry in Austrilia. As for your statement above, if you lived in the US, then you could have gotten your divorce in the US, but I am assumming that you were living in Australia.

[LIFE'SJOURNEY 970]

In the notice of decission ( of the motion to reopen or reconsider.) It does not say anything about apealing again,it says this motion is dismissed. also it says the previous denial decission will remain unchanged. Does that mean it's all over and I have no more rights?

Are you both legal and free to mayy, if so get married and file the 130. Chark the previous k1's up to admin mistakes made.

So, you have really filed for 3 K1's, with what time period?

Edited February 7, 2011 by LIFE'SJOURNEY

[pushbrk 12,569]

In the notice of decission ( of the motion to reopen or reconsider.) It does not say anything about apealing again,it says this motion is dismissed. also it says the previous denial decission will remain unchanged. Does that mean it's all over and I have no more rights?

No it doesn't mean that. You are allowed to file again. Something is missing in this picture though. USCIS doesn't evaluate whether you "have a relationship". They evaluate whether you provided primary evidence of being together in person during the two years prior to filing the petition, whether you are free to marry, and have provided the required documents.

What is the exact wording of the original denial of the recent petition, not the "dismissal of the appeal" but the initial denial? We keep hearing your synopsis interpretation of what USCIS told you. Please provide the actual text without the names.

[joyjohn 18]

hell-o VJ's i cant help but say i dont have a answer for this situtation.....put my question would be why would anyone file all these papers and spend all this money too leave any doubt in your relationship.....yes some chats are personal but thats what married people do and lovers do they have personal chats and yes i didnt edit any of my chats.so what ...who cares, i send in any and everything i could except the kitchen sink, and told them i had over 1600 picture, 600 of the wedding only, over 700 pages of chats, 1000.00 of dollars of phone records, lover letters, cards........ok i guess u see the picture....we are trying to show some faceless guy or girl that what they have in their hands are two people who are in love and what to spend their live together, and yes they have that charter to play god for the day..........I'll send em my mother-in-law if it helps.....

[Boiler 44,858]

hell-o VJ's i cant help but say i dont have a answer for this situtation.....put my question would be why would anyone file all these papers and spend all this money too leave any doubt in your relationship.....yes some chats are personal but thats what married people do and lovers do they have personal chats and yes i didnt edit any of my chats.so what ...who cares, i send in any and everything i could except the kitchen sink, and told them i had over 1600 picture, 600 of the wedding only, over 700 pages of chats, 1000.00 of dollars of phone records, lover letters, cards........ok i guess u see the picture....we are trying to show some faceless guy or girl that what they have in their hands are two people who are in love and what to spend their live together, and yes they have that charter to play god for the day..........I'll send em my mother-in-law if it helps.....

We certainly never sent that sort of stuff, it would not be needed for Australia.

[JimVaPhuong 4,863]

What day exactly was the first petition approved? What day exactly was the second petition received by USCIS? Was your first Aussie wife also a K1?

This might be as simple as failing to request a waiver of the multiple filing requirements.