ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHow long after an RFE received by USCIS
QUOTE (Amazon @ Jan 25 2009, 05:36 PM) <{POST_SNAPBACK}>
QUOTE (miss g @ Jan 25 2009, 03:30 PM) <{POST_SNAPBACK}>
QUOTE (Amazon @ Jan 25 2009, 04:02 PM) <{POST_SNAPBACK}>
QUOTE (miss g @ Jan 25 2009, 08:10 AM) <{POST_SNAPBACK}>
we sent in our RFE last week or the week before still waiting for an update sad.gif



They recieved our REF on Jan 15th and we are still waiting for a response also. You are not alone unsure.gif



urggh...i feel better knowing its not just me hopefully we will be celebrating another milestone soon!!!!



GAWD I hope so ! good.gif



Yes indeed it was a relief knowing we are not just alone......Wish we can have some good news soon.... yes.gif
MayaLarFemalePhilippines2009-01-26 07:37:00
K-1 Fiance(e) Visa Process & ProceduresHow long after an RFE received by USCIS
QUOTE (miss g @ Jan 25 2009, 08:10 AM) <{POST_SNAPBACK}>
we sent in our RFE last week or the week before still waiting for an update sad.gif


Hi there!

We sent in our RFE Jan12 and they got it Jan21.

I have been reading some posts these past few days and I noticed that few petitioners got their approval a week after through the uscis website and a hard copy of NOA2 after 2weeks. Let's track our timeline miss g....Any update on your case status regarding receipt of RFE????Let's hope for the best!!! smile.gif
MayaLarFemalePhilippines2009-01-25 08:23:00
K-1 Fiance(e) Visa Process & ProceduresHow long after an RFE received by USCIS
QUOTE (bedirisinghe @ Jan 25 2009, 01:22 AM) <{POST_SNAPBACK}>
It depends of how easy the evedince to gather..I was also go through on RFE but mine was easy...I was also nervous bcoz I was thinking that it will be cause of a delay or denial of our papers...after 3 days, a letter arrived from USCIS asking us to submit form 325A. I forgot to submit Biometric form both uf us. I was worried bcoz they only gave us 30 days to accomplish the form. And I am from Phil, and mail takes a week or more. Good that there is an LBC here in Phil it only took 3 days and he received my letter already. I sent Monday the Form 325A bcoz my signature is needed. My fiance received that on Thursday and he then forwarded that to this address
USCIS
24000 Avila Road
2nd Floor, Room 2312
Laguna Nigel,
CA 92677
...dont use PO Box bcoz it will takes another week for them to get it bcoz everyday PO Box received a ton of letters and may cause of your letter delay. On December 10, our status changed to "Approval Sent"
Good luck and you are safe.[/b]


Thank you so much for your reply. According to case status on line uscis already got our RFE Jan21 and we are now waiting to get an approval soon. I noticed that you had yours after 6days. Wish we will be receiving it soon as well. Have a great day!!!
MayaLarFemalePhilippines2009-01-25 07:43:00
K-1 Fiance(e) Visa Process & ProceduresHow long after an RFE received by USCIS
Hi Everyone!!!!

Just curious about the timeline after USCIS received RFE from us(Jan21). When we checked on our status it states there that we should expect a written decision or written update within 60 days of the date they received our response....

It's frustrating to handle such a long wait after 7months but still looking forward for a positive result soon..... sad.gif
MayaLarFemalePhilippines2009-01-24 07:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)TimeLine after submission of an appeal for a K1 denied Visa
Hi everyone,

I would just like to inquire as to what will be our timeline after my fiance submitted the appeal for k1 that they denied because of failed we establish evidence that the two of us have met. Anyone who undergo with same process?

My fiance hired an immigration lawyer and re-filed all the necessary evidence in details.

We are currently waiting for good news.... helpsmilie.gif

I would appreciate any idea... Thank you in advance.
MayaLarFemalePhilippines2009-03-04 01:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied bec of failed to establish evidence that the two of us have met
QUOTE (Kathryn41 @ Feb 12 2009, 04:47 PM) <{POST_SNAPBACK}>
USCIS does make mistakes and do lose documents. I would suggest that you appeal the decision and in your request to appeal include the list of documents itemized that were submitted with your application. Now, the other question that comes to mind is that you need to prove you have met within the last 2 years. If your meetings were more than 2 years prior to submitting the application then that would lead to a denial. The solution would be to meet and then immediately refile using the proof of this meeting. If your meeting evidence was within the last two years, then definitely appeal the decision.


My fiance visited me March 08, 2008 and stayed here for 2weeks.....

Edited by MayaLar, 13 February 2009 - 09:16 AM.

MayaLarFemalePhilippines2009-02-13 09:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied bec of failed to establish evidence that the two of us have met
I am pretty anxious too as which is which.....nevertheless we were still denied. We are still looking on our options...whether to appeal, seek assistance from lawyer or apply another type of visa.

This was really depressing for both of us but I hope that this will make our relationship stronger.

Thank you su much for all of your comment this will be of big help for our next step.
MayaLarFemalePhilippines2009-02-13 09:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied bec of failed to establish evidence that the two of us have met
This is what I read in my research for presumptive death versus annulment:


A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead.

But if you have doubts as to his existence, the Family Court provides another remedy. It is called a petition for presumptive death for purposes of remarriage. This is only applicable when you haven't heard of your spouse for four consecutive years and that under existing conditions, you believe that he or she is already dead. Only two years is required in case of disappearance where there is a danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, like when the spouse is on board a missing airplane or vessel.

Upon the other hand, Article 41 of the Family Code, upon which the trial court anchored its grant of the petition for the declaration of presumptive death of the absent spouse, provides:
MayaLarFemalePhilippines2009-02-12 21:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied bec of failed to establish evidence that the two of us have met
QUOTE (Minya's wife @ Feb 12 2009, 01:53 PM) <{POST_SNAPBACK}>
QUOTE (MayaLar @ Feb 12 2009, 09:36 AM) <{POST_SNAPBACK}>
Our petition for K1 visa were denied by USCIS even if my fiance sent an evidence:

- sent a bunch of photographs with detailed descriptions. Not just the places together of where we went but also of us with my family
- Several different Hotel receipt records in different areas of the Philippines . Fiance stayed for two weeks and we did some traveling and Island hopping.
- Provided the airplane tickets from the two of us
- Provided the records of his passport and passport numbers
- Listed the exact time and date of when we were at the U.S. embassy in Manila together. They took a record of his passport and the inside security cameras would also prove that we were there together

They also want more explanation of my previous marriage (Presumptive Death). I was married 10years ago and have never heard from my ex-husband. We only spent 3months together and my ex-husband went home to United Kingdom was abandoned since then.

There's no divorce here in the Philippines and I have read from the requirements of proof of free to marry that the US embassy acknowledge either annulment or presumptive death. My lawyer advise me to file for a presumptive death. This petition has been granted by the judge 2007. All the necessary documents: annotated marriage certificate from National Statistics office with authenticated court decision, certification from the court where decision was granted with judge's signature, certification from local civil registrar, copy of final decision from the court where included in our package.

My fiance got denial letter from USCIS and according to them we have an option to appeal.

What is our chance to be approved and how long will it takes????


Please help....... helpsmilie.gif


Thank you in advance!


This doesn't make sense....failing to establish the meeting in person is usually grounds for initial denial....not denial after RFE was issued and responded to. Your signature states that you received an RFE, to which you responded, according to your siggy....but now the letter from USCIS saying they've denied you for failing to establish that you two have met? What did your denial letter say exactly.

-P


I don't have a copy of denial. According to my fiance reason was failed to establish that the two of us have met and an explanation for presumptive death.

Prior to that we even didn't received a hard copy of NOA1 until my fiance followed it up on CSC that's after 5months of waiting. Then he was informed that they sent us an RFE which he didn't received. According to them failed delivery address.....

That was also the time we finally got a case number to check on line. We received RFE December then submitted all the papers. USCIS got it Jan21 then we received notice of denial.....
MayaLarFemalePhilippines2009-02-12 13:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied bec of failed to establish evidence that the two of us have met
QUOTE (EnglishFamily @ Feb 12 2009, 11:02 AM) <{POST_SNAPBACK}>
hey girl,Im sad about the news your posted here:(
did you sent all the requirements that the USCIS asked to your Fiance??


Yes we did....And knowing my fiance he is an organize type of person and usually plan ahead of time...All of those documents and evidence that I posted were submitted. We may be one of the unfortunate that wasn't granted with the petition.... sad.gif We may not be perfect and may have missed something just so sad that two people who are intimately in love were not given a chance....plus the fact that we have waited 7months and received a denial.... sad.gif
MayaLarFemalePhilippines2009-02-12 11:10:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied bec of failed to establish evidence that the two of us have met
Thank you for your comments. My fiance and I are looking on options and we are currently depressed with what happened....
MayaLarFemalePhilippines2009-02-12 10:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied bec of failed to establish evidence that the two of us have met
Our petition for K1 visa were denied by USCIS even if my fiance sent an evidence:

- sent a bunch of photographs with detailed descriptions. Not just the places together of where we went but also of us with my family
- Several different Hotel receipt records in different areas of the Philippines . Fiance stayed for two weeks and we did some traveling and Island hopping.
- Provided the airplane tickets from the two of us
- Provided the records of his passport and passport numbers
- Listed the exact time and date of when we were at the U.S. embassy in Manila together. They took a record of his passport and the inside security cameras would also prove that we were there together

They also want more explanation of my previous marriage (Presumptive Death). I was married 10years ago and have never heard from my ex-husband. We only spent 3months together and my ex-husband went home to United Kingdom was abandoned since then.

There's no divorce here in the Philippines and I have read from the requirements of proof of free to marry that the US embassy acknowledge either annulment or presumptive death. My lawyer advise me to file for a presumptive death. This petition has been granted by the judge 2007. All the necessary documents: annotated marriage certificate from National Statistics office with authenticated court decision, certification from the court where decision was granted with judge's signature, certification from local civil registrar, copy of final decision from the court where included in our package.

My fiance got denial letter from USCIS and according to them we have an option to appeal.

What is our chance to be approved and how long will it takes????


Please help....... helpsmilie.gif


Thank you in advance!
MayaLarFemalePhilippines2009-02-12 10:36:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Denied:Decision for Appeal in 2weeks
Thank you for all your replies.....

Can we still rush evidence and send it to USCIS like a copy of passport and the other stuff that you recommend????Will they still consider it?
MayaLarFemalePhilippines2009-04-29 09:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Denied:Decision for Appeal in 2weeks
Our Petition was denied by USCIS and it's under review and process....it haven't gone to the consulate or embassy here in the Philippines yet......


MayaLarFemalePhilippines2009-04-28 18:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Denied:Decision for Appeal in 2weeks
I remember he used his visa card (Bank of America) as payment in Manila Hotel.

Denial reason was Failed to establish evidence that the two of us have met within two years...

My fiance sent copy of our pictures together on initial evidence sent , provided passport number and details about his visit....but wasn't aware the need to provide a hard copy...


MayaLarFemalePhilippines2009-04-28 10:29:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Denied:Decision for Appeal in 2weeks
QUOTE (peacefulpaul_lyn @ Apr 28 2009, 10:11 AM) <{POST_SNAPBACK}>
QUOTE (MayaLar @ Apr 28 2009, 06:55 AM) <{POST_SNAPBACK}>
I am not sure he included a copy of his passport...He sent a copy of our boarding pass when we went to an island here in the Philippines and a receipt of phone call he made on his first day in Manila Hotel highlighting my name and phone number. Plus a bunch of our dated pictures together; hotel receipts



QUOTE (John&Juvy @ Apr 28 2009, 09:45 AM) <{POST_SNAPBACK}>
QUOTE (MayaLar @ Apr 28 2009, 08:10 AM) <{POST_SNAPBACK}>
Hello Everyone,

Our petition for fiance visa K1 was denied month of February because we failed to establish evidence that the two of us have met within 2 years then sent an appeal i-290b. Fiance received a hard copy of notice that our appeal is under process and review.

My fiance was happy to inform me that he spoke to an agent from USCIS to follow up the status of our appeal that decision will be granted in 2weeks though is not yet the good news that we have been waiting for almost 10months, still praying hard that it will be what we wish for.



Sorry to hear that mayalar. Maybe the councilor that interview you was just in the bad mood on that time or what unsure.gif (joke). When i had my interview also in my K-1 before i dont also have enough proof that we met exactly within 2 years prior of my husband now coz we dont reach the 2 years yet before we filled the petition on that time. I was very nervous when they asked me if how and when we met but i told them the truth coz i cant lie and making up irrelevant dates if how and when we met coz they have the copies of my husband passport if when his first visit in philippines to see me and dates of our communication through mails and phone bills lol. So maybe we just got lucky unsure.gif .. but was waited almost 1 month before i recieved my visa.

I know its hard to think positive when your still in that situation but i still say....THINK POSITIVE lol. It's under review now again maybe it will be a good news this time.

Wish you luck and hope everything goes well very soon.



Thank you for wishing us luck.....praying hard that it will be good news this time....... yes.gif



i share some good words from the gospel last sunday its say what ever happen either bad or good their is always a reason and i believe GOD has reason just keep you faith alive and lift up to him and he will not forsake you trust GOD
maya he is GOOD i pray for you and your fiance God blesss...


Thank you Lyn! yes.gif
MayaLarFemalePhilippines2009-04-28 09:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Denied:Decision for Appeal in 2weeks
I am not sure he included a copy of his passport...He sent a copy of our boarding pass when we went to an island here in the Philippines and a receipt of phone call he made on his first day in Manila Hotel highlighting my name and phone number. Plus a bunch of our dated pictures together; hotel receipts



QUOTE (John&Juvy @ Apr 28 2009, 09:45 AM) <{POST_SNAPBACK}>
QUOTE (MayaLar @ Apr 28 2009, 08:10 AM) <{POST_SNAPBACK}>
Hello Everyone,

Our petition for fiance visa K1 was denied month of February because we failed to establish evidence that the two of us have met within 2 years then sent an appeal i-290b. Fiance received a hard copy of notice that our appeal is under process and review.

My fiance was happy to inform me that he spoke to an agent from USCIS to follow up the status of our appeal that decision will be granted in 2weeks though is not yet the good news that we have been waiting for almost 10months, still praying hard that it will be what we wish for.



Sorry to hear that mayalar. Maybe the councilor that interview you was just in the bad mood on that time or what unsure.gif (joke). When i had my interview also in my K-1 before i dont also have enough proof that we met exactly within 2 years prior of my husband now coz we dont reach the 2 years yet before we filled the petition on that time. I was very nervous when they asked me if how and when we met but i told them the truth coz i cant lie and making up irrelevant dates if how and when we met coz they have the copies of my husband passport if when his first visit in philippines to see me and dates of our communication through mails and phone bills lol. So maybe we just got lucky unsure.gif .. but was waited almost 1 month before i recieved my visa.

I know its hard to think positive when your still in that situation but i still say....THINK POSITIVE lol. It's under review now again maybe it will be a good news this time.

Wish you luck and hope everything goes well very soon.



Thank you for wishing us luck.....praying hard that it will be good news this time....... yes.gif
MayaLarFemalePhilippines2009-04-28 08:55:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Denied:Decision for Appeal in 2weeks
My mistake Sorry for the confusion... smile.gif

Started correspondence October 2007

Met March 8, 2008

Filed petition July 2008

We were denied February 2009

Filed appeal for petition I-290b Feb 27, 2009

We are now waiting for decision was informed in 2weeks
MayaLarFemalePhilippines2009-04-28 08:26:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Denied:Decision for Appeal in 2weeks
Started correspondence October 4, 2008 and we met March 8, 2008. Filed petition July of 2008...Denied Feb 08. Filed petition end of February 08.

Evidence sent and resubmitted on our appeal:

Boarding pass
Hotel receipts
Record of phone call first day from the Manila hotel for our first meeting
Iterinary
dated Pictures of us together and with my family

Started correspondence October 4, 2008 and we met March 8, 2008. Filed petition July of 2008...Denied Feb 08. Filed petition end of February 08.

Evidence sent and resubmitted on our appeal:

Boarding pass
Hotel receipts
Record of phone call first day from the Manila hotel for our first meeting
Iterinary
dated Pictures of us together and with my family
MayaLarFemalePhilippines2009-04-28 08:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Denied:Decision for Appeal in 2weeks
Hello Everyone,

Our petition for fiance visa K1 was denied month of February because we failed to establish evidence that the two of us have met within 2 years then sent an appeal i-290b. Fiance received a hard copy of notice that our appeal is under process and review.

My fiance was happy to inform me that he spoke to an agent from USCIS to follow up the status of our appeal that decision will be granted in 2weeks though is not yet the good news that we have been waiting for almost 10months, still praying hard that it will be what we wish for.
MayaLarFemalePhilippines2009-04-28 07:10:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Interesting link about appeal
I found this link and would just like to share it:


http://www.uscis.gov...errFrameset.jsp


I read through about 30 or so and only found one that was approved. It does give good ideas of what they are looking for in the waivers.
MayaLarFemalePhilippines2009-07-04 21:39:00
Waivers (I-601 and I-212) and Administrative Processes (221g)USCIS Q&A on Motions & Appeals
You are welcome smile.gif
MayaLarFemalePhilippines2009-07-04 23:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)USCIS Q&A on Motions & Appeals
smile.gif
MayaLarFemalePhilippines2009-07-04 23:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)USCIS Q&A on Motions & Appeals
Questions and Answers from January 28, 2009 Teleconference on Motions to Reopen: How Are They Working For You?

1. Motion to Reopen vs. Appeal - A caller asked what the procedural distinction is between a motion to reopen or reconsider and an appeal. Can USCIS elaborate on the procedural differences?

USCIS Response: While motions to reopen, motions to reconsider, and appeals are similar, there are certain differences. A motion to reopen is based on factual grounds – such as the discovery of new evidence or changed circumstances – and, therefore, the motion must "state the new facts to be proved at the reopened hearings and shall be supported by affidavits or other evidentiary material." 8 CFR § 103.5(a)(2). A motion to reconsider, on the other hand, is based on legal grounds. It must establish that the decision was incorrect based on the evidence in the record at the time of the initial decision; and it must "state the reasons upon which the motion is based and shall be supported by …" relevant precedent decisions. 8 CFR § 103.5(a)(3). Motions to reopen and reconsider are submitted to the same adjudicating authority that made the initial decision.

An appeal is a request for review of a decision by a superior adjudicating authority. When an applicant or petitioner appeals a decision, the adjudicating officer will first review the record of proceeding to determine whether the evidence or argument submitted in support of the appeal warrants reopening or reconsidering the denial decision and approving the application or petition. If the adjudicating officer determines that reopening or reconsidering the decision is not warranted, the case will be forwarded to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA),1 whichever has jurisdiction over the application or petition type at issue. Please note, however, that not all cases may be appealed. If the application or petition can be appealed, the appropriate appellate authority and any applicable deadlines will be provided with the denial or revocation notice.

Also, with an appeal, an applicant or petitioner may be permitted additional time to submit a brief and/or supporting evidence; however, no such provision applies to motions. Any additional evidence must be submitted concurrently with the motion.

2. Forwarded to AAO - A caller described a situation in which his motion to reopen was denied, but USCIS forwarded the case to the Administrative Appeals Office (AAO). The caller indicated that he explicitly marked his submission as a motion to reopen and not as an appeal. In what cases would a submission clearly designated as a motion to reopen or reconsider be forwarded to the AAO and treated as an appeal?

USCIS Response: If an applicant or petitioner files a motion to reopen or a motion to reconsider a field office decision, and subsequently learns that the record of proceeding has been mistakenly sent to the Administrative Appeals Office (AAO) then the applicant or petitioner should notify USCIS. USCIS will contact the AAO and request that the record of proceeding be returned to the field office with jurisdiction over the motion. The AAO has jurisdiction only on motions filed to reopen or reconsider an AAO decision, not a field office decision.

3. Processing Times - A caller stated that she filed a motion to reopen based on a USCIS error. Resolution of the motion took six to nine months. Are motions to reopen or reconsider based on an obvious or patent error by USCIS more quickly resolved than other motions to reopen or reconsider? How long do motions to reopen take to resolve?

USCIS Response: Motions to reopen/reconsider are processed in the order in which they are received. Because of limitations with USCIS' systems, the processing time for Form I-290B is not broken down by category (i.e., appeals, motions to reopen, and motions to reconsider). The actual time it takes for motions to be resolved will vary. To assist customers, USCIS plans to update its customer call scripts so that service requests can be made with the National Customer Service Center at 1-800-375-5283 if a motion is pending more than 90 days.

4. Adjudicator to Review Case - Another caller described an experience in which his case was denied by an adjudicator who the customer felt did not adequately understand the legal issues involved. He expressed concern that the same adjudicator would review and deny the motion to reopen or reconsider. How does USCIS address customer concerns that the same adjudicator who issued the decision in a case will review the motion to reopen or reconsider?

USCIS Response: If the adjudicating officer still believes that the original decision was correct, that decision will be reviewed by a supervisor before the motion is denied. An applicant or petitioner who files a motion to reconsider, he or she should be very clear in explaining why the original decision was in error. Similarly, when an applicant or petitioner files a motion to reopen, he or she should be very clear in explaining what new information should be considered.

5. Clear USCIS Error - Another caller relayed a situation in which a customer was severely prejudiced by the denial of an immigration benefit based on what she characterized as a clear USCIS error. Would USCIS consider creating a separate category of expedited motions to reopen or reconsider based on clear USCIS error? In addition, what is the best way to notify USCIS of such an error?

USCIS Response: Because there is often a discrepancy between what an applicant perceives as "service error" and what the agency considers as "service error;" USCIS will not be able to create an expedited request for motions. By definition a motion to reconsider is based on the assumption that the Service incorrectly applied the law or a Service policy.

Written correspondence is not a motion. Certain motions must be submitted on Form I-290B.2 Please note, however, motions to reopen on an asylum decision have different filing procedures.3 If a customer submits written correspondence and USCIS determines that it was not clear agency error, the customer risks missing the filing date for what could otherwise be a legitimate motion or appeal since Form I-290B would be required. (Note: Although the regulations do permit the late filing of a motion to reopen to be excused, that is only for cases where the late filing is reasonable and beyond the control of the applicant or petitioner.)

6. Correspondence for Motions - One caller stated that he has often received a faster response when he sends a letter to USCIS moving to reopen or reconsider a decision rather than filing a Form I-290B. Is a Form I-290B required to file a motion to reopen or reconsider? Is correspondence a faster way to obtain a decision on a motion to reopen or reconsider? Another caller indicated that he wrote a letter to USCIS explaining that the evidence he submitted warranted an approval of his case, rather than the denial he received. However, he did not designate his letter as a motion to reopen or reconsider. For customers who write a letter to a USCIS office, must they explicitly state that they are moving to reopen or reconsider the decision?

USCIS Response: USCIS will review all correspondence submitted by a customer. Corrective action will be taken on any correspondence that establishes clear USCIS error. Please note, however, that written correspondence is not a motion. All motions must be submitted on Form I-290B. See 8 CFR § 103.5(a)(1)(iii).

If a customer submits written correspondence and USCIS determines that it was not clear agency error, the customer risks missing the filing date for what could otherwise be a legitimate motion or appeal since Form I-290B would be required. (Note: Although the regulations do permit the late filing of a motion to reopen to be excused, that is only for cases where the late filing is reasonable and beyond the control of the applicant or petitioner.)

7. Supplemental Information/ New Evidence - Another caller asked if USCIS accepts the submission of supplemental information on motions to reopen. In addition, what constitutes "new evidence" for a motion to reopen?

USCIS Response: A motion to reopen must state new facts and be supported by affidavits or other documentary evidence. Generally, new evidence is factual information or changed factual circumstances that were not considered and could not have been presented in the initial proceeding. Supplemental information will only be considered if it meets this definition.

8. Derivatives - A caller stated that USCIS has no automatic reopening or reconsideration for derivative beneficiaries in cases where the principal's case is denied. Therefore, each derivative beneficiary must file a motion to reopen or reconsider. Do derivative beneficiaries have to file separate motions to reopen or reconsider and pay a separate $585 fee when the principal's case is denied?

USCIS Response: Yes, each application or petition that is denied requires its own motion with separate fees.

9. Lack of Tracking - Several callers commented on the lack of a uniform tracking mechanism for motions to reopen or reconsider. This issue appeared to be particularly problematic for cases at the service centers. One caller spoke with the National Customer Service Center, but stated that she was unable to make a service request because there were no processing times posted for motions to reopen or reconsider. How does USCIS suggest its customers follow up or make inquiries on the status of motions to reopen or reconsider that were filed with the service centers?

USCIS Response: Applicants or petitioners will receive a receipt notice when a properly filed Form I-290B is received. The status of the motion can be checked using Case Status Online. Applicants or petitioners who do not have computer access may contact the National Customer Service Center at 1-800-375-5283 for assistance.

In addition, USCIS is updating its customer call scripts so that customers can ask for a service request if the motion is pending more than 90 days. For those cases that have been forwarded as appeals, please refer to the AAO webpage on www.uscis.gov for processing times.

10. Transfers of Cases - Another caller recently discovered that USCIS transferred her motion to reopen from the Nebraska Service Center to the Los Angeles District Office. In what cases would a motion to reopen or reconsider filed with a service center be transferred?

USCIS Response: Motions to reopen are generally handled by the office that made the original decision, unless the applicant has moved to the jurisdiction of another office, in which case the office having jurisdiction over the new residence handles the motion. USCIS would need the caller's specific information to determine the basis for the transfer.


USCIS Q&A on Motions & Appeals rose.gif rose.gif rose.gif
MayaLarFemalePhilippines2009-07-04 21:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Can we cancel our Appeal?
QUOTE (Krikit @ Jul 19 2009, 07:09 AM) <{POST_SNAPBACK}>
It appears that the OP is asking a specific question with regard to her case so I will leave the thread open.

Good luck, MayaLar.



Thanks Krikit!
MayaLarFemalePhilippines2009-07-21 03:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Can we cancel our Appeal?
My fiance had an appointment and talked with representatives in an immigration office in Seattle. He vent out all the frustrations brought with him a duplicate of all the documents that he resubmitted and they even said that those evidence should be enough.

Is this infopass appointment from an immigration office as well?or directly with the office where our papers are processed? I will inform my fiance about this..Thank you everyone I really do appreciate it....It's just so hard and painful for both of us.... crying.gif crying.gif crying.gif
MayaLarFemalePhilippines2009-07-19 22:25:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Can we cancel our Appeal?
QUOTE (Kathryn41 @ Jul 19 2009, 10:11 AM) <{POST_SNAPBACK}>
If you have submitted other evidence and are waiting for the appeal, I suggest wait until you hear a decision. Appeals can take time and you already have 5 months into the appeal process. If you withdraw the appeal, you could re-submit a new K-1 and pay the fees again, or you could get married and apply for a CR-1. You will have to wait through both of those processes as well. If you feel that you have submitted sufficient evidence to prove that you did indeed meet the 2 year meeting requirement, then the likelihood is that your appeal will be granted.


Thank you so much Kathryn for your reply.... wink.gif

We were given false hopes when fiance followed it up 2months ago that we should expect decision in 2weeks.

We were hoping that the additional evidence sent together with the appeal would be sufficient(passport, dated pictures, boarding pass, hotel receipts, phone records with names and dates highlighted).......

We should here some news on our 6th month of waiting.... crying.gif

Edited by MayaLar, 19 July 2009 - 09:41 AM.

MayaLarFemalePhilippines2009-07-19 09:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Can we cancel our Appeal?
QUOTE (nowhereman @ Jul 19 2009, 09:00 AM) <{POST_SNAPBACK}>
QUOTE (Krikit @ Jul 19 2009, 08:09 AM) <{POST_SNAPBACK}>
It appears that the OP is asking a specific question with regard to her case so I will leave the thread open.

Good luck, MayaLar.

The topics seem virtually identical to me, but after reading the other thread my guess is that either:

A. USCIS is being denser that usual (hard to imagine but possible)
or
B. Some pertinent info is being left out by the OP

I say this because it seems like they provided the necessary proof & outside of A or B I don't know what else would explain the denial.


We are also anxious about the reason of denial failed to established evidence that we meet within 2years....First meeting March 2008 filed petion June 2008....

(RFE)additional evidence sent with the petition were dated pictures together, hotel receipts, boarding pass,proofs that we are both legally free to marry but fiance didn't include a stamped passport so I am thinking it may be one reason....since from what I heard it's a primary evidence.
MayaLarFemalePhilippines2009-07-19 09:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Can we cancel our Appeal?
Hello!

Our petition was denied because of lack of evidence but we did meet the requirement of meeting within 2years prior of the application. We did received an RFE and replied but then we were denied so we were given the option to appeal. Resubmitted revised documents with more additional evidence to prove we meet within 2years: dated pictures of us together and my family, hotel receipts, boarding pass, phone record, stamped passport.....so we are now on 5th month of waiting wondering if it will be granted or not...

So, I am curious if we can withdraw the appeal and our other options.....thank you so much in advance!
MayaLarFemalePhilippines2009-07-19 08:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Can we cancel our Appeal?
Hello Everyone!


Our K1-129F petition was denied because we failed to established evidence that the 2 of us have met within 2years.

I would like to inquire if it's possible for us to cancel out(withdraw)our appeal in case we didn't hear any news after six months of waiting....(we are on our 5th month now)Can we start over and re-file for a second K1 petition or we need to wait if it's granted or not???

Would appreciate any inputs and thank you in advance!


rose.gif rose.gif rose.gif

Edited by MayaLar, 18 July 2009 - 10:48 PM.

MayaLarFemalePhilippines2009-07-18 22:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused about the status of our Appeal
My fiance said our main issue is that they didn't believed that we already met within 2 years. We already resubmitted more evidence as mentioned above. As far as my previous marriage is concern we also included legal papers probing that I am legally separated such as final decision from the court certified by local civil registrar and annotated marriage certificate from NSO. They just had a question regarding presumption death as there is no divorce in the Philippines. As far as I know they recognize Annulment and Presumptive Death as proof of termination of previous marriage.
MayaLarFemalePhilippines2009-07-16 02:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused about the status of our Appeal
We started correspondence October 2007, Fiance came and visited me March 2008. He stayed here for 2weeks gathered boarding pass, hotel receipts, passport, phone records, dated pictures of us together and with my family; Filed the petition end of June 2008........
MayaLarFemalePhilippines2009-07-08 06:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused about the status of our Appeal
Thank you so much everyone!!!

Mike and Karen thanks as well...My fiance are also frustrated because he himself is a well organized person and submitted necessary documents on initial package that we sent however, it didn't suffice what they have requested from us......We are still remaining positive and we will fight for what we have started..... smile.gif
MayaLarFemalePhilippines2009-07-08 05:02:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused about the status of our Appeal
Hello Everyone!


Our application for K1 was denied because we failed to established evidence that the two of us have met within 2years....We were given option to appeal...

After we submitted I-290B, Fiance received notice that our Appeal is under review and process. 3 months gone by and followed up the status of our appeal and was given false hope that decision will come out within 2weeks.....time passed and we are now running for 5th month and still no news.........We were given another 45days for an outcome...... helpsmilie.gif

Any input will be greatly appreciated.... rose.gif
MayaLarFemalePhilippines2009-07-07 09:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is this good news?
QUOTE (BrianandMerne @ Sep 24 2009, 09:33 PM) <{POST_SNAPBACK}>
QUOTE (MayaLar @ Sep 25 2009, 10:05 AM) <{POST_SNAPBACK}>
Thank you! Our petition was denied because we failed to established evidence that the 2 of us have met within 2years...


rose.gif Mayalar, we've been following you through your journey and kept you in our thoughts. I am very glad that you have this bit of good news finally.


Thank you so much BrianandMerne!will keep you posted what's gonna be next?
MayaLarFemalePhilippines2009-09-24 21:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is this good news?
Thank you! Our petition was denied because we failed to established evidence that the 2 of us have met within 2years...
MayaLarFemalePhilippines2009-09-24 21:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is this good news?
Hello Everyone!

After a year of waiting since denial of petition (K1) and several months since we appealed, my fiance received a letter from USCIS stating that our case FINALLY has been reconsidered...Anyone who can advice if this is good news and something to look forward to???


Thank you in advance!

Edited by MayaLar, 24 September 2009 - 08:59 PM.

MayaLarFemalePhilippines2009-09-24 20:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Approved
QUOTE (Leenie @ Sep 29 2009, 10:53 PM) <{POST_SNAPBACK}>
That's wonderful news!! Really happy for you!!


Yes thanks to all of you.....Finally after all the frustrations, long wait and depressions....our petition for K1 was approved..... smile.gif
MayaLarFemalePhilippines2009-10-01 07:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Petition Approved
Oh my God!!!After a year and 3months, our waiting is now finally over...appeal (I-290b) for Fiance Visa approved by USCIS....can't believe it!Am I dreaming?If this is a dream, I don't wanna wake up....

I want to thank all my VJ family for all the support and encouragement. I know this is not yet over still need to undergo other process but it will be a good start of a positive outcome.......

MayaLarFemalePhilippines2009-09-29 21:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I290B NOTICE OF APPEAL
Hi there!

I am the beneficiary and our application for fiance visa was denied because we failed to establish the 2 of us have met in 2years. My fiance filed for I290B for an appeal attached with revised documents, additional evidence and fee. We are running on 4th month of waiting still no results crying.gif

We followed it up nobody seems to know an answer of the status of our appeal. Sad thing is that we were given false hopes couple of weeks ago informing us that the decision will be released in 2weeks but then again days gone by and no answer.

We were so frustrated as we don't know where we stand fearing of another negative result. Wondering for any other option.

It's just so sad that 2 people who are so in love having a hard time to be together.......
MayaLarFemalePhilippines2009-06-12 05:30:00