I-129F *denied* :( What to do next?

[HeartOfAllThings 2]

But first - did you actually marry or you still plan to ? If you did and are still in US, then just do AOS, K-1 petition will be denied again. If not, and are going for K-1 - as others are suggesting - read the guides. Stupid question - did you send the check with I-129F ?

We did send the check and of course it got cashed. Thanks for mentioning AOS, that's what we're shooting for. Not married yet, but plan in being But not until we figure this out real well.

[HeartOfAllThings 2]

On the bright side, I wouldn't call this a real denial.

It was denied because the petition was not complete, money and time aside, it is not a big deal.

Some people get denied, face deportation, get banned and have no chance to live together in the USA anymore.

Well you are not there.

Rethink and redo a petition, see what is best for you according to the guides and help you will be able to find here.

And everything will be fine at the end!

I do consider myself fortunate in that way. Thanks for the support!

[HeartOfAllThings 2]

I don't know the timelines in Canada, but if it isn't too much longer, you might as well just get married now and file for a CR-1 VISA. You can stay in the US until your time is up, then go back and wait in Canada for the medical and interview. Once the visa is granted, you will enter the US as a permanent resident with a green card and work authorization. No need to adjust status.

http://www.visajourn...tent/i130guide1

This does sound good but... wouldn't AOS end up being the same except I would be taking medical and have the interview here in the US?

[Ryan H 3,812]

Did you send the G-325A Form? I'm not 100% sure if its required with the 129F

The G-325A is required with the I-129F.

[gretchen_darren 67]

WOW, lots of information. And lots of advice. some good and some well, just not worth looking at.

1) the Application should have been returned with improper filing IF all that was there was the I-129F. I suspect you submitted the G-325a as well plus everything else. Just not the evidence section. (the evidence is a lot)

2) Filiing any other form, you will have to deal with the i-129F rejection now. It is the best course of action. But an immigration lawyer can help you in this. You can marry,, do an AOS, but do NOT leave the country IF you marry. Not until you have some sort of permission to travel outside of hte country.

3) expect a long long long process now. No matter which way you go, it will be long.

Sorry for the rejection, but maybe there was so much needed, they felt there was no real relationship proven. You WILL have to deal with the I-129F rejection even if filing other forms. It is just something which will come up.

Also, it is a right to marry whoever you want and bring the spouse to america. PROVIDED your spouse is not engaged in subversive activities against the government. This is huge. Age, race, religion, nationality, do not play a part in the decision. there are stringent guidelines to protect people as well as to verify there is not an issue.

Best of luck in this process. At least you are here in America with your spouse. there are many of us still waiting to rejoin our fiance.....

[HeartOfAllThings 2]

Best of luck in this process. At least you are here in America with your spouse. there are many of us still waiting to rejoin our fiance.....

Thanks for your advice. AOS seems the best path to take. It is absolutely no issue for me to be ''tied down''to stay in the US while the request is being processed; that's actually what I want - to stay in the US longer than the usual 6 months allowed for Canadian visitors.

Going back home with Leia while waiting for a visa would be another option but she has a business here breeding cats which is fantastic, but believe it or not bringing this breed of cats over the border is at least as treacherous as immigration.

I really feel for you... I am so grateful that I am here with her and send my best wishes your way for the process to be completed smoothly, as soon as possible.

[garmar 0]

We didn't send anything else than the actual form, we had no idea. Thanks a lot for pointing that out it's kind of reassuring to know that it's ''only'' because we overlooked the application process, and not something more serious like me not being eligible or what not. That's still to figure out when we receive the letter but now it's pretty obvious why it was denied.

Maybe someone can help us with this: Does anyone know how if once we re-submit the demand with proper evidence, is it going to take roughly the same amount of time for them to reply, or is it going to be quicker? I've only got 4 months and a half left to spend here in the US this year and I really really hope to get this done by then!

Thanks for your support and we'll let you know what the letter says when we receive it.

[garmar 0]

Just bringing light to the obvious. If your fiancee obtained the form online or through the USCIS it would be difficult to avoid the overwhelming amount of information on the subject of applying for a k-1 visa. Are you sure that your fiancee truly has marriage in mind? Have you considered the possibility that your time is being wasted by someone who wants to remain single and just doesn't have the courage to tell you? It's not my business but these are questions you should ask yourself.

[Darnell 8,478]

questions:

1. was it just a letter, requesting more evidence? if so, this is called an RFE and you've got 30 days to submit more stuff. Usually the casefile will be adjudicated within 30 days of your RFE submittal

2. was the entire casefile returned, or no ?

[sleepy in Seattle 3]

I blame Canada and the evil influence of poutine imbibing.

However, if you not submit a 'full packet' then it's simple for USCIS to deny the application. Usually, the denial comes about a few days after an adjudicator actually GETS to the casefile. There's a queue, aye? and they just 'read yer stuff' moments ago, it was yer place in the queue.

IMO, if yer still under the 2 year 'meet in person' thingie, by all means, file another I-129F, but this time, prease forrow the VisaJourney.Com K-1 Guide.

Good Luck !

Whats this about evil Canada, whats Canada got to do with the immigration with the states, lol