OldJohnDoe

What does USCIS look at, in deciding whether to approve an I-129F application?

hcj1440

Presuming you are talking about I-129f for a K-1 fiance visa (not a K-3 spouse visa):

USCIS can and will deny your I-129f if you are not eligible for a K-1 visa. A common one seems to be, if you do not show proof that you have met with your fiance in person at least once in the last two years. There is an exception to the meeting requirement, but then you would have to show proof that you qualify for the exception instead.

An approved I-129f does not translate into an approved K-1 visa. An approved I-129f just allows your fiance to *apply* for a K-1 visa. At the visa interview, the consulate in your fiance's country will make a judgment on whether you and your fiance have a real relationship. If they think your fiance is using you to immigrate to the US, they can deny the K-1 visa at that point also.

OldJohnDoe

proof of meeting is showed at the K-1 interview stage correct?

Not at the I-129F stage as you indicate.

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hcj1440

No, it is at the I-129f stage. From instructions to I-129f ( http://uscis.gov/graphics/formsfee/f...les/I-129F.pdf )


"You may file this petition if:
[...]
B. You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States, and are both free to marry, and have met in person within two years before your filing of this petition..." (emphasis mine)

Reading the I-129f instructions reminded me... another common reason for denial is if you do not have a definite intention of getting married within the 90 days after your fiance arrives on K-1. Or if your divorce isn't final and you aren't actually free to marry.

OldJohnDoe

The link you gave is a good one, but it does not state that you should send the evidence of meeting within the past 2 years, hence you cant be denied on that ground at the I-129F stage.

If you look at the link below, you will see that the evidence is actually NOT required at the I-129 F stage:

http://uscis.gov/graphics/howdoi/fianceapp.htm

Am just curious why one has to be 'approved' for the I-129F, while its the K-1 visa stage that seems more relevant in the fiancee coming to the USA. The conculars can tell whether one is USC from the K-1 stage cant they?

hcj1440

Read further down in the instructions -- on p.2, under "What Documents Do You Need to Prove That You Can Legally Marry?", it says:

"Provide copies of evidence that you and your fiancé(e) have personally met within the last two years; or if you have never met within the last two years, provide a detailed explanation and evidence of the extreme hardship or customary, cultural or social practices that have prohibited your meeting"

I agree, they put that in an odd place, but meeting within the last 2 years *is* a requirement for I-129f to be approved (unless you can show the extreme hardship or cultural practice part of course).

A while back there was a thread with a link to rejection letters for I-129f appeals posted on the USCIS website. Interesting reading if you can find it -- contains many reasons why people's I-129f's were denied in the first place, and denied again on appeal. Many of them had to do with people not fulfilling the meeting requirement -- specifically within the 2 years immediately prior to filing I-129f. Some people tried to appeal based on the fact that they met *after* they submitted their I-129f. Well the rules were quite clear -- you had to meet in the two years *before* the submission, so they were denied again on appeal.

Noorah101

Hi John,

The only rejected I-129F I've seen around this forum has been because they didn't meet the requirement of filing the I-129F within the 2 years of meeting. They waited too long, and filed it after the 2 years were up, and got rejected. They had to meet again and file it based on the new meeting.

If you are lacking certain evidence, they may issue an RFE for it, instead of outright rejecting it. If you cannot submit the evidence they ask for, it may get denied.

As hcj pointed out, the I-129F is for giving permission to the alien to apply for a visa. It's the first step in the overall process. If you want to think of it in 2 steps (USA first grants permission to an alien to apply for a visa...then once the visa application is in, determines whether the alien qualifies for the visa).

Are you worried about a denial of the I-129F?

Best Wishes,
Rene

Noorah101

Hi John,

I'm looking at the instructions from the I-129F I filled out for my fiance, and Part 5 says "What documents do you need to prove you can legally marry?". Under that, Part C says "Copies of evidence that you and your fiance(e) have personally met within the last two years". So I'm not quite sure why you think this doesn't accompany the I-129F - as it clearly does.

The only way for the ConOff to know one partner is a USC at the K-1 interview, is for the USC to provide proof of that with the I-129F (it asks for proove of your US citizenship). Otherwise, how could the ConOff tell one is a USC, especially if the USC isn't present at the interview?

I'm a little confused by your questions. Did you not include something with the I-129F that you now think you should have, and are afraid of a denial?

Best Wishes,
Rene

OldJohnDoe

Thanks for the comments, it was kinda confusing determining what the I-129F is for, since the K-1 interviews from what I have read are pretty exhaustive but your explanations clear this up, thanks.

I guess the other question is since the there are 2 sponsorship forms, I-864 and I-134, which one will be needed for the K-1? Its my understanding one has to prepare either of the two and mail it to the potential K-1 for their interview?

I just wish they could get all this stuff together and the K-1 visa stage handles everything.

It appears to me that the I-129F is just for USCIS to make some extra cash.

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Noorah101

Hi John,

The I-134 is used for the K-1 visa. You'll need to do an I-864 for the AOS portion, once your fiancee is here and you are married. Yes, you'll mail the completed I-134 and backup info for that, to your fiancee to show at the interview. Plus originals of any photocopies you submitted with the I-129F.

The I-129F is for USCIS to determine whether YOU qualify for bringing in an alien under the category of fiance(e). It serves its own purpose, separate from the alien's visa application.

Rene

OldJohnDoe

hcj,
I have not been successful in finding the thread, if someone can find it, I would appreciate it.

Thank you all for all the advice.

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OldJohnDoe

Rene,
Thanks for the explanation regarding the I-134/I-864 and for clarifying that the I-129F is not unnecessary.

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hcj1440

I couldn't find the BE (britishexpats.com) thread, but here's the direct link to the I-129f appeal denial letters on the USCIS website:

http://uscis.gov/graphics/lawsregs/a...3/d6/index.htm

OldJohnDoe

thanks

very helpful.

Rete

I would be more concerned about the denial of the K-1 then the rejection of the I-129F. The I-129F is fairly easy to get approved if you meet the simple requirements. The K-1 interview can be the stickler. If the examiner at the US Consulate feels the relationship is not genuine for any reason, i.e. being used for a green card, etc. then if they say NO, it is going to be difficult to get around it.

There was one such poster, a woman whose fiancee was from the Ukraine, and their K-1 was denied and she married him and is trying desperately to get an Immediate Relative Visa for him instead.