I-129F - Denied - help plz ???

A

Austinn

Registered Users (C)
Friends, I am new to this forum, plz need advices, suggestions etc...

My wife filed k3 for me which was denied in september, but we came to know that our k3 has denied in December 16 by visiting the immi office, they said that they sent us the denial letter on 27th sep which we never received, my wife again went to the immi office yesterday and tried her best to find out the reason they said that you k3 was denied by the embassy due to not having enough evidence, folks plz help me out what should I do.

we filed I-130 which is still in process they send us RFE in November which we sent them back with the documents and they update on the web site that "14-dec-2006 we received the document and case is under processing and we will inform you etc..etc.."...what should I do. what your experience says....is it a good approach to hire an attorny



Thanks and best regards
Austinn
 
Questions

Austinn said:
Friends, I am new to this forum, plz need advices, suggestions etc...

My wife filed k3 for me which was denied in september, but we came to know that our k3 has denied in December 16 by visiting the immi office, they said that they sent us the denial letter on 27th sep which we never received, my wife again went to the immi office yesterday and tried her best to find out the reason they said that you k3 was denied by the embassy due to not having enough evidence, folks plz help me out what should I do.

we filed I-130 which is still in process they send us RFE in November which we sent them back with the documents and they update on the web site that "14-dec-2006 we received the document and case is under processing and we will inform you etc..etc.."...what should I do. what your experience says....is it a good approach to hire an attorny



Thanks and best regards
Austinn
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Austin,

Couple of questions: Where are you currently based? In your K visa application, have you and wife seen each other in the last 2 yrs? You filed a I-130, why and when did you file it? Is your wife a US citizen or greencard holder?

The sooner you respond, the better we can guide you... :D


Thanks and best regards
 
Al Southner said:
Austin,

Couple of questions: Where are you currently based? In your K visa application, have you and wife seen each other in the last 2 yrs? You filed a I-130, why and when did you file it? Is your wife a US citizen or greencard holder?

The sooner you respond, the better we can guide you... :D


Thanks and best regards
Click to expand...

Al Southner said:
Q: Where are you currently based?
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A: I am a Pakistani, but now working in Saudi Arabia

Al Southner said:
Q: In your K visa application, have you and wife seen each other in the last 2 yrs
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A: Yes we met in last 2 years only once and we married, we went to cyprus, and we married in cyprus in MARCH 2006.

Al Southner said:
Q: You filed a I-130, why and when did you file it?
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A: No I did not file I-130, she filed I-130 coz immi officer told her to file I-130 and I-129f she filed both forms together in JUNE 2006 at the same time
Al Southner said:
Q: Is your wife a US citizen or greencard holder?
Click to expand...
A: Yes, my wife is a US citizen
 
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Someone not right...

Austinn said:
A: I am a Pakistani, but now working in Saudi Arabia


A: Yes we met in last 2 years only once and we married, we went to cyprus, and we married in cyprus in MARCH 2006.


A: No I did not file I-130, my wife filed it and she filed both forms together in JUNE 2006 same day.


A: Yes, my wife is a US citizen
Click to expand...


Austin,

There is something whic his missing in this equation. I wonder when she filed for your I-129? remeber that you can't file both concurrently. In your case, since the marriage took place in March 2006 in Cyprus....hmmm...hmmm :) I love Limassol....forgive...me... back to your case....

She needed to file on a I-130 petition once you were married to the USCIS lockbox in chicago, IL. After it is approved, then it will be forward to US consulate in Saudi Arabia, and the Consulate will get in touch with you, call you for additional paperwork and interview (if needs be), and be issued a visa to come to US. After coming to the US, then you will have to apply for AOS and be done with the immigration process.

You can't file for a I-129F as a married spouse of a US citizen, I believe this works only for fiancee or fiance of US citizen. Someone down the line, your wife made a blunder which led to USCIS to deny your a visa... :( However, she can file for a NEW I-130 form in Chicago, IL and hope that this time it will be done correctly and approved.... :cool:

As sad as it, you are a pakistani man working in Saudi Arabia... :eek: USCIS and US govt has not being the champion of middle easterm men cause lately, so who know... :confused: It could be that US govt want to see what's going on with you and wife...but ask your wife to apply once again.. :D
 
Al, she was filing for K-3 (US citizen spouse visa), not K-1 (US citizen fiance) visa. So, they didn't need to see each other in the last two years, they just have to be married. The wife did not make a blunder. She does not need to file a new I-130. Your current I-130 may be stuck in name check stage, however, since USCIS got the RFE in mid-December, they will continue processing it, it could be quick.

Austinn, what was the reason for K-3 denial exactly? what evidence did they need? perhaps, the embassy sent you an RFE for K-3, and you didn't get it and did not reply? can you motion to reopen or reapply? was it denied at the USCIS level (I-129) or at the embassy level?
 
LucyMO said:
Al, she was filing for K-3 (US citizen spouse visa), not K-1 (US citizen fiance) visa. So, they didn't need to see each other in the last two years, they just have to be married. The wife did not make a blunder. She does not need to file a new I-130. Your current I-130 may be stuck in name check stage, however, since USCIS got the RFE in mid-December, they will continue processing it, it could be quick.

Austinn, what was the reason for K-3 denial exactly? what evidence did they need? perhaps, the embassy sent you an RFE for K-3, and you didn't get it and did not reply? can you motion to reopen or reapply? was it denied at the USCIS level (I-129) or at the embassy level?
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Dear, we never received the denial letter, where we've been told that they sent us the denial letter on 27th september 2006, which never reach to us till today. Last monday my wife went to the immigration office in her town and after trying her best one officer helped her out, he spent 1 hour almost called to some other service centers and inquired about our case, he said that your case has been denied due to not providing enough evidence. He said that your I-130 is still in process, he suggested us to contact congress man and senators to fix your problem, he further said that personally he did't find anything wrong in our case and may be it is a kind of mistake, as per the law we can appeal or request for reopen the case in 30 day time after the denial, but coz we have already crossed the date so now only congress men can help us out, he said that you can also reapply again for the k3.
Yes he said that embassy refused our case(which I did't uderstand that which embassy has refused our case, I am working in Saudi Arabia).

Thankx, anything else you wanna know to solve my mystry please let me know...
 
If possible, visit US Embassy

Austin,

If possible, make an appointment with a consular officer in Riyadh, and ask your wife to send you copies of each and everything she submitted with the service center or national benefits center here in the US.. In that way, when you go to the embassy, you have a foundation and have the facts and copies of documents should they need to see what might be issue... :rolleyes:

I am not sure how open the US Embassy is in Riyadh, but will strongly encourage you to go there and see what he heck is going on. Also, your wife should have asked for a copy of the RFE which they send to you guys, because as the officer said, you guys didn't provide enough evidence. As fine as that sound, evidence in itself is broad, you at least need a guideline on what in particular they were asking from you... : :confused: in that way, you can prepare yourself accordingly to have the evidence which is sought by the USCIS. :cool:

On the I-130 submission, they should be in a position to approve that quickly, and you wife will hear back from them :p . Moreover, for now, are you still in Saudi Arabia? :eek:

Cheers,
 
Al Southner said:
Austin,

If possible, make an appointment with a consular officer in Riyadh, and ask your wife to send you copies of each and everything she submitted with the service center or national benefits center here in the US.. In that way, when you go to the embassy, you have a foundation and have the facts and copies of documents should they need to see what might be issue... :rolleyes:
Cheers,
Click to expand...
I went to Us embassy Riyadh on 11 December 2006 and upto that day they said that they never received any case regarding immigration of K3.


Al Southner said:
Moreover, for now, are you still in Saudi Arabia?
Cheers,
Click to expand...
Yes, dear i am still in Saudi Arabia....



Thankx, anything else you wanna know to solve my mystry please let me know...
 
I's say - file a new K-3. You can always try to contact the consulate in Pakistan, but it being holidays and all, I doubt they'll have time to reply.
 
LucyMO said:
I's say - file a new K-3. You can always try to contact the consulate in Pakistan, but it being holidays and all, I doubt they'll have time to reply.
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can my wife file a new K3 in the current situation, I have one confustion that why embassy will deny my visa, where I've never been able to reach to embassy for my K3 matter, I think my K3 was denied by the immi office in States, my wife told me one more thing that our K3 file is in some other office and I-130 file is in some other office in 2 different place on which the Immi officer was confused also that why your cases are on different places but he justified that may be due to lots of applications they have divided your case in some other places to distribute the load....I am execting this would be a problem also....

So do you ppl suggest me to file new K3 or should I wait for the denial letter.

waiting for your responses.
 
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look at what I found:

The LIFE Act requires applicants to apply for a K-3 visa inthe country where their marriage to the U.S. citizen petitioner occurred. Petitioners should make sure to identify the appropriate consulate, in the same country where they married the alien for whom they are petitioning, in block 20 to avoid lengthy delays. In the event the petitioner and alien were married in the United States, they should list the country of the alien's current residence. See U.S. Department of State regulations at 21 CFR 41.81.

http://www.uscis.gov/files/form/I-129F.pdf

You said you were married in Cyprus, you are from Pakistan, and you currently reside in Saudi Arabia. I think that's what the problem is.
 
LucyMO said:
look at what I found:

The LIFE Act requires applicants to apply for a K-3 visa inthe country where their marriage to the U.S. citizen petitioner occurred. Petitioners should make sure to identify the appropriate consulate, in the same country where they married the alien for whom they are petitioning, in block 20 to avoid lengthy delays. In the event the petitioner and alien were married in the United States, they should list the country of the alien's current residence. See U.S. Department of State regulations at 21 CFR 41.81.

http://www.uscis.gov/files/form/I-129F.pdf

You said you were married in Cyprus, you are from Pakistan, and you currently reside in Saudi Arabia. I think that's what the problem is.
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You are wonderfu, yes this is convincing, I am expecting that she might have missed this option, anyways tell me now what should I do, should we go for new K3 by our own or should we go for new k3 by a attorny or should we wait for the denial letter.

Thanks and best regards
Austin
 
I don't think you can opt for K-3, since you have to apply for K-3 in Cyprus. Just wait till your I-130 is approved and get an immigrant visa.
 
tengo pregunta sobre f 129

yo soy la peticionario y tengo una violation con immigration y me preguntaba si affectaba a mi esposa ke es la beneficiaria,ella no tiene antecedentes.pero nomas fue arrestado pero not convicted.kieria saber sobre casos como el mio.:confused:
 
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