mummytx

Hi all, I was hoping to get a few answers from here as I am way too impatient to wait for the Denial Notice, from the USCIS.

My story- I met my fiance through his cousin/my longtime friend, in July 2011. We had an instant connection. Since then I have visited him twice in the US, 11 days each time, and he has been here (London) once, for 1 week. We speak twice a day, every day, on Skype plus Facebook messages. I have a son and have just been granted Leave to Remove him from the Jurisdiction, by the British Courts. My fiance filed the application for the Fiance Visa in February 2012, and we've heard nothing at all from the USCIS offices since. I checked the status today and am absolutely distraught by he outcome!

In 2007 I received a Criminal Caution for perverting the course of jusdice, which could be why it was denied????? (My boyfriend at that time/ son's father- commited a serious crime with his car and called me to tell me to report it stolen. Stupidly and UNKNOWINGLY, I did. When it came to light what had happened I was so scared of being taken away from my son, that I lied. Very irresponsible. I deeply regret it and accept full reponsibility for what I did. I have not been in any kind of trouble besides this).

I do not have a good credit rating, but it has improved over the last two years- during which I have been working as a childminder, and foster carer for young babies.

I can think of no other reason the application would be denied, hence why I am on here..... However, I did read on one of the threads that you must supply sufficient evidence of your relationship, which we did not, when filing the application. I thought the evidence was for the interview????

Thank you so much for reading my ramblings,

ANY HELP/ INFORMATION WOULD BE GREATLY APPRECIATED!

x T.C.

Noorah101

This could be a problem when it comes to the visa stage (I don't know for sure, though), but it shouldn't be a problem during the I-129F stage. The I-129F stage is ONLY for establishing the relationship between the USC and the foreign fiance.

This would not be a cause for denial for either the I-129F or the K-1 visa. Your credit and your income are not a consideration.

If he did not include evidence that you have met in person within the past 2 years, then this is the problem. You don't have to provide evidence of the relationship per say, but he did need to include evidence that you've met in person....popular items would be pictures of you together, airline ticket stubs, copies of boarding passes, copies of passport stamps, that sort of thing. If he did not include anything like this...then that's the problem.

I doubt the I-129F was outright denied...usually USCIS sends an RFE (Request for Further Evidence). He collects the evidence, sends it back to USCIS, and processing continues on the case. Or, perhaps USCIS also might send back the whole petition, saying it doesn't meet the requirements...in which case he collects the evidence, sends the whole petition plus new evidence back to USCIS, and processing continues.

In the meantime, you should have a consultation with an immigration attorney to see if your own criminal history will affect the K-1 visa. That way you can be prepared in advance.

Rene

Noorah101

Just to expand on this, the I-129F requires proof that you've met in person within the past two years.

By the time of the K-1 interview, you would be wise to bring proof of ongoing relationship.

Rene

Moxie

It's all a guess so best to see what they say. The petition part of the process does not ask about your criminal background or credit history, so that seems an unlikely reason to be denied at this stage.

If the USCIS requested additional evidence and did not receive an acceptable response, then without enough evidence to approve, they have to deny. Did your fiancé receive an RFE?

Going further, at the London part of the process where you would apply for the visa, your crime would likely make you in admissible to the US. It appears to be a Crime Involving Moral Turpitude. If denied at the embassy, you could apply for a waiver.

mummytx

Thank you so much for your quick reply Noorah. The status on the USCIS website did say it was in the Decision stage, ".....we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of August 3....."

My fiance and I are both in tears, this for us would mean a long-distance marriage.....Could I appeal the decision?

mummytx

Also, is there anything I can do on this side of the world besides wait?

Noorah101

At this point, all you can do is wait to see the actual notice, see what the wording is exactly on the notice, and see the reason for denial (if in fact it's an actual denial). Then just go from there. If he really didn't include any evidence showing you met in person, then there's nothing to appeal. He didn't include required information, so would have to submit such evidence in accordance with whatever instructions come with the letter from USCIS...it says the notice explains the reason and the options available...so all you can do is wait to see what to do next.

But, just to answer your basic question again...if he did not include evidence of having met in person during the past 2 years, then I can guess 99% that's the reason for this notice from USCIS.

What do you mean by "this for us would mean a long-distance marriage"? You won't be married until you eventually receive the K-1 visa and enter the USA using it...and then you will be staying in the USA and adjusting status to permanent resident. So you will not be spending any time apart as a married couple. All this does is add some time to your current long distance relationship.

Rene

Noorah101

At the moment, there's nothing you can do about this current notice from USCIS. Nothing you can do until you get the letter from USICS and see the details...then you can work on complying with whatever it is they need from you.

In the meantime, though, have a consultation with an immigration attorney to see how your criminal history will influence the K-1 visa process stage. This is important, and you should work it out ahead of time, not when you actually get to that stage.

Rene

jeffreyhy

I believe that USCIS does run an IBIS check on the beneficiaries of I-129f and I-130 petitions. I do not know if information such as the OP's criminal history would normally be captured in IBIS.

Perhaps not, since the OP says they have visited the USA several times. Using the VWP? I wonder what information she provided to ESTA?

Regards, JEff

mummytx

I cannot remember what information esta asked for but i most certainly answered truthfully. What is an IBIS check?

civilservant

Interagency Border Inspection System (IBIS) name check.

Essentially it searches federal databases for criminal convictions etc. I believe it is teh same thing that is run 'behind the scenes' when you apply for ESTA.

Noorah101

Interagency Border Inspection System (IBIS).

Rene

jeffreyhy

Got Google?

Regards, JEff

mummytx

Thanks all. We received the letter today and it turns out that we did not supply enough 'evidence'. I really think the USCIS should update their website- it did not say that you must supply evidence at that stage. Also, my fiance filled out and filed the form at one of the USCIS offices, where he asked if the evidence was needed at that point, and they replied no. Now to appeal, pay another $630 plus evidence, and get this ball rolling. Thanks again x

Noorah101

It's not the USCIS website he needed to go by...it was the I-129F instructions, and it clearly calls for evidence of having met in person within the past 2 years.

Page 2, Number 5.A: http://www.uscis.gov/files/form/i-129finstr.pdf

Also, filing in person is not allowed. I'm curious which USCIS office accepted the I-129F package in person? This just proves that (as usual) USCIS employees do not know their own correct procedures. Same goes for the 800 misinformation line.

It might be cheaper to just refile a new I-129F package, rather than appealing the current one. I can't see you winning an appeal...the instructions clearly call for evidence, and he didn't provide it. It was not USCIS' fault.

Rene