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Received Denial of Petition yesterday, Now WhaT?

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Received Denial of Petition yesterday, Now WhaT?

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Old Oct 20th 2002, 2:14 pm
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Question Received Denial of Petition yesterday, Now WhaT?

Denial received......

It seems my worries were justified because I received a denial of my 129F petition yesterday.
Unfortunately the problem was a communication deficiency ON MY PART and I should have sent another copy of my 1974 divoce drecree when it was mentioned as being needed. When sending in all of the initial information I had placed the decree in the envelope. When receiving the request for a photo of the two of us together in the US and proof of my freedom to marry. The decree from my recent divorce had been accepted. The county was the same, and the forms were together. I assumed the first had overlooked . Since it was said that whatever was submitted at that time would be used for the final decision and all the pertinent information would be used. I submitted the photo and a time line of our relationship and decided that that should be sufficient for approval, especially since I as sure that the 1974 decree was in the original submitted material. I assumed that with the extra caution and precautions taken with the increased security that a major purpose for sending this requst was to confirm my address and our having met in person. In a word, I was stupid and, of course, in retrospect realize I should have resubmitted the first decree copy. I called and called and asked about why it was taking so long and asked if it might be the problem of the divorce decree and I was told,by many people, that if anything else were needed they would inform me. Now what to do? I took out the orininal decree again, copied it, and sent it to Nebraska yesterday by regular mail. I'll phone Nebraska tomorrow and see if I will need to refile, file a formal appeal, or what?
Can anyone give me some information or advice from the trenches. I feel totally awful!

IF THIS HAS TO BE INITIATED ALL OVER AGAIN CAN MY FIANCE TRAVEL ? It is going on nine months since the original material was submitted
Thanks
NJ

John is in Cheshire and I am a MInnesota resident.
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Old Oct 20th 2002, 2:20 pm
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Default Re: Received Denial of Petition yesterday, Now WhaT?

Originally posted by NormaJeanne:
Denial received......

It seems my worries were justified because I received a denial of my 129F petition yesterday.
Unfortunately the problem was a communication deficiency ON MY PART and I should have sent another copy of my 1974 divoce drecree when it was mentioned as being needed. When sending in all of the initial information I had placed the decree in the envelope. When receiving the request for a photo of the two of us together in the US and proof of my freedom to marry. The decree from my recent divorce had been accepted. The county was the same, and the forms were together. I assumed the first had overlooked . Since it was said that whatever was submitted at that time would be used for the final decision and all the pertinent information would be used. I submitted the photo and a time line of our relationship and decided that that should be sufficient for approval, especially since I as sure that the 1974 decree was in the original submitted material. I assumed that with the extra caution and precautions taken with the increased security that a major purpose for sending this requst was to confirm my address and our having met in person. In a word, I was stupid and, of course, in retrospect realize I should have resubmitted the first decree copy. I called and called and asked about why it was taking so long and asked if it might be the problem of the divorce decree and I was told,by many people, that if anything else were needed they would inform me. Now what to do? I took out the orininal decree again, copied it, and sent it to Nebraska yesterday by regular mail. I'll phone Nebraska tomorrow and see if I will need to refile, file a formal appeal, or what?
Can anyone give me some information or advice from the trenches. I feel totally awful!

IF THIS HAS TO BE INITIATED ALL OVER AGAIN CAN MY FIANCE TRAVEL ? It is going on nine months since the original material was submitted
Thanks
NJ

John is in Cheshire and I am a MInnesota resident.
Hi:

There are TWO things you can do and you might want to do both -- one you have thirty days to file a "Motion To Reopen". The MTR is done in letter form and the fee is $110.00. The second is to, as you suggest, file again. [make sure to disclose the first one -- it IS permissible to file again].

Based upon what you say, your fiance is, of course, free to travel. However, she won't be free to come to the United States just yet.
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Old Oct 20th 2002, 3:18 pm
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Default Re: Received Denial of Petition yesterday, Now WhaT?

Originally posted by Folinskyinla:


Hi:

There are TWO things you can do and you might want to do both -- one you have thirty days to file a "Motion To Reopen". The MTR is done in letter form and the fee is $110.00. The second is to, as you suggest, file again. [make sure to disclose the first one -- it IS permissible to file again].

Based upon what you say, your fiance is, of course, free to travel. However, she won't be free to come to the United States just yet.
NormaJeanne

I can't add anything to Mr. Folinskyinla's post. He said it all.

You've ready sent off another copy of the 1974 decree to Nebraska and hopefully you included all the paperwork they had sent you so that it can be matched up. Although it is not a formal MTR with fee, perhaps they will reconsider it as such and act accordingly.

At this point you have two choices as I see it, wait for them to react to your mailing or send off another I-129F for processing. I say a new I-129F because a fee is going to have to be paid regardless of whether you file a MTR or new I-129F and the wait time seems to be approximately the same length so starting fresh might not be a bad idea.

Rete
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Old Oct 20th 2002, 4:00 pm
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Default Re: Received Denial of Petition yesterday, Now WhaT?

Originally posted by Rete:


NormaJeanne

I can't add anything to Mr. Folinskyinla's post. He said it all.

You've ready sent off another copy of the 1974 decree to Nebraska and hopefully you included all the paperwork they had sent you so that it can be matched up. Although it is not a formal MTR with fee, perhaps they will reconsider it as such and act accordingly.

At this point you have two choices as I see it, wait for them to react to your mailing or send off another I-129F for processing. I say a new I-129F because a fee is going to have to be paid regardless of whether you file a MTR or new I-129F and the wait time seems to be approximately the same length so starting fresh might not be a bad idea.

Rete

Thanks Rete,
I appreciate the input from both of you.
I have ideas that starting over would take again 8 months to get through. Would a MTR take as long?
NJ
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Old Oct 20th 2002, 8:15 pm
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Default Re: Received Denial of Petition yesterday, Now WhaT?

Oh boy.. that got me thinking... does the divorce decree have to be an original or can it be a copy? I sent the copy, both mine and my fiance's divorces and a copy of the translation of his. Plerase don't tell me they deny the I-129F if it's not the original decree.
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Old Oct 20th 2002, 8:34 pm
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Default Re: Received Denial of Petition yesterday, Now WhaT?

Originally posted by angeles73:
Oh boy.. that got me thinking... does the divorce decree have to be an original or can it be a copy? I sent the copy, both mine and my fiance's divorces and a copy of the translation of his. Plerase don't tell me they deny the I-129F if it's not the original decree.
HI, I do think that the copy is fine.
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Old Oct 21st 2002, 9:28 pm
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Default Re: Received Denial of Petition yesterday, Now WhaT?

Originally posted by angeles73:
Oh boy.. that got me thinking... does the divorce decree have to be an original or can it be a copy? I sent the copy, both mine and my fiance's divorces and a copy of the translation of his. Plerase don't tell me they deny the I-129F if it's not the original decree.
Both of use have been divorced and sent in copies of the divorce decrees and we were approved for the I-129F in August from VSC. Hope this helps...
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