As I mentioned, three months after Honey filed a K1 petition on my behalf, it was denied. What went wrong was, we overlooked some of the most important instructions and just sent Forms I-129F (Petition for Alien Fiancé) and G-325A (Biographic Information) along with the filing fee of $455 to USCIS. Brayt.
When Honey filed for a K1 petition the first time, he did not seek legal advice. Honey was too confident not to consult a legal counsel as he thought the filing process for the K1 petition is the same and as easy as when he filed for his US citizenship. Honey actually asked me to download the forms from the USCIS webpage, and also the instructions form so we could review our work together. After he filled up the forms, he read it to me to confirm that the information we provided were correct. We both were confident we did the forms very well and sent it to the USCIS address found at the instructions form, and waited 3 months for the notice that our application was denied. =( The moment was really heartbreaking. That was the first time I saw Honey so confused and was almost teary-eyed. Good thing he was here in the Philippines during that time the petition was denied so we shared the bad news.
The reason we were denied: insufficient documents. I forgot the exact words the USCIS used but it was the lack of documents and/or evidences to establish that I and the petitioner have a relationship. The instructions form said it in a not so outright manner that we thought the evidence will be asked from us by the USCIS after they confirm our application. We didn't think twice that we need to send the evidences along with our application forms so neither of us was prepared to hear the bad news as we were both too excited the moment we filed the petition. My friend Suzzette told me and Honey that our case was denied due to inadvertence or simply put, katangahan. We went to an Attorney (not an Attorney who specialized in Immigration) to seek help in filing for an appeal to reopen the case. After we were denied, the USCIS sent us an instruction on what to do next, and picking the wrong Attorney caused us to follow just what the USCIS told us to do. I will be discussing more of this in my next posts.
So here's a very important tip for those who are filing for K1 Petition for the very first time, especially if you don't have an Immigration Attorney to assist you in the filing: Send a completed Form I-129F and Form G-325A along with the filing fee plus the evidences that the petitioner and the recipient have a relationship. The evidences may be in the form of photos (photos with dates are most helpful, but labeled photos are just fine too), letters, emails, a copy of the petitioner's passport showing entry to the Philippines within the last 2 years and others that you may deem necessary to prove your existing relationship. I believe if you follow this tip, nothing could go wrong; the worst that you could encounter is a minor delay to your application especially when the USCIS will require additional evidence. So, it is always best to send USCIS all the evidences that you could provide to avoid delay. In our case however, we were super delayed, due to some other factors that I will be discussing in my next posts.
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