k1 Application Rejection

[NikLR 13,227]

That's awesome that you feel this way and are truly helping these people. You have to understand that on a DIY website, like this one, people come here occasionally BECAUSE they've used a service and feel they've been duped or its taken longer. Most of us feel that we're intelligent humans who don't need someone to fill out paperwork. I convinced my husband NOT to use a lawyer because I knew we could do it ourselves.

Of course there are also people here who really should NOT be doing it themselves in any way, shape, or form. But yet here they are too.

I hope the answer to the error can be found. I suggest perhaps the CR1 visa path over the K1 if the issue cannot be resolved? They are honestly taking the same amount of time, in fact many CR1 visa chasers are getting down there significantly faster. Either way it would be awesome if you, or the original poster, could let the community know what exactly went wrong if you do indeed get the problem solved. That way we can help each other avoid the same situation.

[California123 2]

Hello All,

I am the one who prepared the paperwork in this matter. For the record I have been preparing immigration forms for over 8 years, and I have never had an application/petition denied or rejected. I also work with an attorney who has been practicing for 35 years.

We originally filed with the Dallas lockbox as described by the beneficiary in this thread. When it was returned I reviewed the package and found nothing wrong. I assumed it was a mistake by USCIS and they didnt notice it was an I-129F and not an I-129. I was especially suspicious of a mistake as USCIS has now twice made an error on the beneficiary's birth date. (which is correct on all forms) As such, we re-submitted with some clarification. As noted, and to my surprise they sent it back again.

I had an attorney review on this file this morning, and we are stumped so to speak, we have made an appointment with info pass, as well as emailed the Dallas lockbox facility for clarification.

I am glad, and even encourage anyone of my clients to obtain any and all information possible. I pride myself on helping people. I have been researching this issue every waking minute. (leading me to this thread) As such I reject the notion that the person preparing the forms should be fired, which has been said on this board. If it is found that a mistake was made on my part and not USCIS mistake I will gladly refund all fees paid. As I said, I only want to help people, and I will go the extra mile to help resolve this issue. Money is secondary to providing a great and reliable service.

I stand by my advice to call USCIS and ask for a Tier 2 agent. You will be on hold for a while but it is still quicker than going to an Infopass appointment. (I was surprised to learn that even though I had to select a time for the Infopass appointment, it was essentially first come first serve when I got there.) Perhaps someone can correct me, but it seemed to me that with both Infopass and calling a Tier 2 agent on the phone I ended up speaking to an Immigration Officer with access to the case system.

Finally, don't feel too bad about the disparaging comments about your competence from anonymous strangers on the internet who have never met you. With no threat of retaliation, people tend not to think before they type.

[ricky and elaine 8]

I stand by my advice to call USCIS and ask for a Tier 2 agent. You will be on hold for a while but it is still quicker than going to an Infopass appointment. (I was surprised to learn that even though I had to select a time for the Infopass appointment, it was essentially first come first serve when I got there.) Perhaps someone can correct me, but it seemed to me that with both Infopass and calling a Tier 2 agent on the phone I ended up speaking to an Immigration Officer with access to the case system.

Finally, don't feel too bad about the disparaging comments about your competence from anonymous strangers on the internet who have never met you. With no threat of retaliation, people tend not to think before they

Immigration Las Vegas Authority are great!

[California123 2]

I hope the answer to the error can be found. I suggest perhaps the CR1 visa path over the K1 if the issue cannot be resolved? They are honestly taking the same amount of time, in fact many CR1 visa chasers are getting down there significantly faster. Either way it would be awesome if you, or the original poster, could let the community know what exactly went wrong if you do indeed get the problem solved. That way we can help each other avoid the same situation.

This is actually a very salient point. At least at the CSC the K1 visas are moving very slowly through the system right now. (About twice as many K1 visas are submitted each month, but right now about half as many are being approved each week as compared to the CR1s.) The reason for this is unknown. (Many suspect the DACA process is involved somehow, but it is conjecture at this point.)

The following links have the dates of the latest approved forms in each category followed by listings of all the people who have filed in that category by month. (Even looking at the progress chart on the right hand side will show you something has gone very wrong with the K1 process.)

CSC K1:

My link

CSC CR1:

My link

Hmmm, I took a look at the Vermont, Texas, and NBC numbers as well. Texas has too few cases for statistical inference. Vermont CR1 process has a weird dip in approval percentages in July which lines up with the beginning of work in NBC. I do remember some news about cases being transferred to NBC. An alternative possibility explaining the K1 slowdown is that the CR1s from Vermont and the K1s from Vermont and California were all sent to NBC for processing and NBC is concentrating on the CR1s. I wish there was better information, but the bottom line is that right now I would be worried about how long the K1 process is taking.

[ricky and elaine 8]

That's awesome that you feel this way and are truly helping these people. You have to understand that on a DIY website, like this one, people come here occasionally BECAUSE they've used a service and feel they've been duped or its taken longer. Most of us feel that we're intelligent humans who don't need someone to fill out paperwork. I convinced my husband NOT to use a lawyer because I knew we could do it ourselves.

Of course there are also people here who really should NOT be doing it themselves in any way, shape, or form. But yet here they are too.

I hope the answer to the error can be found. I suggest perhaps the CR1 visa path over the K1 if the issue cannot be resolved? They are honestly taking the same amount of time, in fact many CR1 visa chasers are getting down there significantly faster. Either way it would be awesome if you, or the original poster, could let the community know what exactly went wrong if you do indeed get the problem solved. That way we can help each other avoid the same situation.

That poster is me 8699 I am the Canadian beneficiary (elaine) We are very happy with Las Vegas Immigration Authority and know it was nothing wrong on their part. They have actually been awesome..even answering phone and helping on weekends, following up, and having a heart! We chose to have someone prepare the documents as neither of us have time nor the inclination. I will definetly post what the outcome was....my fiancee(ricky) has an INFO PASS appointment on Thursday in Las Vegas, but feel it is simply a grumpy agent not liking "Classification K1" instead of I-129F. We also see many people put K1 and they were fine. There is no difference between the sample forms on here and ours!

What happened to the days when you could go over to the states get married and stay? Well just tells you we are old!! We should have gotten this right back in the 70's! Believe me we regret it!

T

[ricky and elaine 8]

On your Form G-325A. What was your response to the following?

"This form is submitted in connection with an application for:"

a K1 - I-129F

[ricky and elaine 8]

Where did your fiancée send the initial petition? And was it sent back from that same location, or did the office that received it send it to another office who then sent it back to your fiancée?

It was sent to Dallas and came back from Dallas 2 X as Dallas is the centre for people applying from Las Vegas

[NikLR 13,227]

You could still get married and do the CR1 route vs the K1. It's cheaper in the long run except for the trip to Montreal. LOL (which only sucks for me because I'm in Alberta. >.<)

[immivegas 2]

At the time the clients contatced me they were not married, and the beneficiary was set to return home in a matter of days. In cases like this I usually suggest the K-1, as USCIS defines this as the correct procedure. The processing time difference is not significant enough. (although I understand that 2 people apart may see that differently)

Additionally with the K-1 there is only a requirement that the parties have met within the past 2 years. With either the CR1 or full adjustment of status in the U.S. you must prove a bonafied relationship exists. For many this can be difficult, as all that may exist is emails, an a few pictures from a single visit.

To an earlier poster's point I fully understand that in this business many people have been "taken" by certain practitioners. In fact that is exactly why I am in business. I used to work for an attorney who charged huge sums and completed less than stellar work. As such, I can understand why DIY boards are sceptical. After years of watching this go on I opened my own business to provide a great service at as reasonable fee. After all, as you say we are just filling out some forms for the most part. Along the way I did meet some great attorney's who I consult with frequently. (they are not all bad)

In this instance we filed the package initially, and it was rejected stating "classification sought." My initial thought was that USCIS thought we filed an I-129, as that would need a classification. I added a note the the cover letter and sent it back. As you all know at this point it was again rejected.

Although I have filed hundreds of Fiance visa petitions, and have listed K-1 on the G325A with no problem in this case I am going to assume that we are dealing with a "picky" adjudicator and will change it to read I-129F and resend again.

I think this board, and its members provide valuable information, keep up the great work and I will surely let everyone know what the outcome is. I assure you I will be seeing this through for my clients.

[ricky and elaine 8]

This is actually a very salient point. At least at the CSC the K1 visas are moving very slowly through the system right now. (About twice as many K1 visas are submitted each month, but right now about half as many are being approved each week as compared to the CR1s.) The reason for this is unknown. (Many suspect the DACA process is involved somehow, but it is conjecture at this point.)

The following links have the dates of the latest approved forms in each category followed by listings of all the people who have filed in that category by month. (Even looking at the progress chart on the right hand side will show you something has gone very wrong with the K1 process.)

CSC K1:

My link

CSC CR1:

My link

Hmmm, I took a look at the Vermont, Texas, and NBC numbers as well. Texas has too few cases for statistical inference. Vermont CR1 process has a weird dip in approval percentages in July which lines up with the beginning of work in NBC. I do remember some news about cases being transferred to NBC. An alternative possibility explaining the K1 slowdown is that the CR1s from Vermont and the K1s from Vermont and California were all sent to NBC for processing and NBC is concentrating on the CR1s. I wish there was better information, but the bottom line is that right now I would be worried about how long the K1 process is taking.

[/quote

Hi I'm 8699 (Get smart) Is it true that Cr1'a are doing better, that is scary! what is NBC?(Nebraska?) and why so little in Texas. (of course that's where mine is!) ]

[ricky and elaine 8]

It has been sent to the proper lockbox? Dallas?

Does your petition look like the example forms on this site?

http://www.visajourn...Form-I-129F.pdf

Everything from the guide is in the package?

http://www.visajourn...content/k1guide

You followed the assembly instructions?

http://www.visajourn...ontent/assembly

I was googling your situation and came across the classification sought only when looking at the I-129 instructions. Make sure he has the right form: I-129F

http://www.uscis.gov/i-129f

Also on the "other" section of the G325a put what form you're sending it with, NOT the visa you're chasing. The USCIS does not deal with visas. It deals with forms and petitions. The correct answer would be "Other: Form I-129F" you can include petition for alien fiancé if you want as well.

edited to add:

Do this yourself, not with a lawyer or immigration service so that you KNOW the paperwork is correct!!!!! Obviously they are messing up!

It is the same!

[California123 2]

Hi I'm 8699 (Get smart) Is it true that Cr1'a are doing better, that is scary! what is NBC?(Nebraska?) and why so little in Texas. (of course that's where mine is!) ]

NBC is National Benefit Center. They usually handle things like I-485 and N-400 cases (Permanent Residency and Naturalization) but I saw a USCIS notice around August that stated some immigration cases were being transferred to NBC due to backups at the service centers.

NBC Info

If your case is being handled by Texas, I am hesitant to predict anything based on the data because it appears they just aren't processing as many applications--one month only has 2 CR1s submitted (at least in the visajourney database).

Texas K1s:

Texas K1 data

Texas CR1s:

Texas CR1 data

It is worrisome that the Texas K1s also appear to be just about stuck in July like the other Service Centers. (Look at the graph on the right in the Texas K1s link. Compare that graph to the one for CR1s.) Looking at the last 15 approved, it has taken nearly 3 months to approve 15 cases. There appear to be an average of about 20 submitted each month. If that doesn't improve, it would take 3 to 4 months to process each month of cases in the 7 month backlog of cases, meaning cases submitted now wouldn't be processed for roughly 2 years. Of course that sounds crazy and I hope the problem is only temporary so they can accelerate completion of cases.

I would encourage you to look at the data yourself.

Edited February 20, 2013 by California123

[Harpa Timsah 13,258]

California123, No K-1 stays in Texas. From the lockbox they are rerouted to either California or Vermont. There is more to the puzzle than finding that webpage.

[KayDeeCee 4,893]

It was sent to Dallas and came back from Dallas 2 X as Dallas is the centre for people applying from Las Vegas

No. The Dallas Lockbox is not a service center at all. It is NOT the Texas Service Center. the Dallas Lockbox is an intake facility. They accept or reject the petitions, cash the checks and send them to their appropriate service center, either Vermont or California. Those are the ONLY two service centers that process I-129F petitions. EVERYONE mails their petitions to the Dallas Lockbox address, as stated in the I-129F instructions. It does not matter where the petitioner is mailing the petition from.

Hmmm, I took a look at the Vermont, Texas, and NBC numbers as well. Texas has too few cases for statistical inference. Vermont CR1 process has a weird dip in approval percentages in July which lines up with the beginning of work in NBC. I do remember some news about cases being transferred to NBC. An alternative possibility explaining the K1 slowdown is that the CR1s from Vermont and the K1s from Vermont and California were all sent to NBC for processing and NBC is concentrating on the CR1s. I wish there was better information, but the bottom line is that right now I would be worried about how long the K1 process is taking.

Hi I'm 8699 (Get smart) Is it true that Cr1'a are doing better, that is scary! what is NBC?(Nebraska?) and why so little in Texas. (of course that's where mine is!)

The Texas Service Center does not process I-129F petitions. Yours is not there. Yours is actually not anywhere yet, since it was rejected for some weird reason I have never heard of before. When you send it again, it will process at either Vermont or California.

If your case is being handled by Texas, I am hesitant to predict anything based on the data because it appears they just aren't processing as many applications--one month only has 2 CR1s submitted (at least in the visajourney database).

Texas K1s:

Texas K1 data

Texas CR1s:

Texas CR1 data

It is worrisome that the Texas K1s also appear to be just about stuck in July like the other Service Centers. (Look at the graph on the right in the Texas K1s link. Compare that graph to the one for CR1s.) Looking at the last 15 approved, it has taken nearly 3 months to approve 15 cases. There appear to be an average of about 20 submitted each month. If that doesn't improve, it would take 3 to 4 months to process each month of cases in the 7 month backlog of cases, meaning cases submitted now wouldn't be processed for roughly 2 years. Of course that sounds crazy and I hope the problem is only temporary so they can accelerate completion of cases.

I would encourage you to look at the data yourself.

As stated already, Texas does not process I-129F petitions. The data on VJ is skewed because people keep setting the TSC as their service center in their profiles and timelines and that throws everything off. They need to put the service center that is actually processing their case. If their case number from their NOA1 receipt notice starts with EAC, then it is at Vermont(VSC). If it starts with WAC, then it is at California(CSC).

[NikLR 13,227]

Well hopefully your fiance can find out why this is being rejected. At the very least, you're not being denied so while you're losing time, you're not losing a tonne of money because with a denial they'd cash your cheques.