By: Jennifer Fabian-Verzosa, Esq.

RECEIVING A DENIAL ON YOUR FIANCE PETITION CAN BE VERY DISHEARTENING. THIS ARTICLE WILL SHED LIGHT ON GENERAL OPTIONS AFTER YOUR I-129F FIANCE PETITION IS DENIED SO THAT YOU AND YOUR LOVE CAN GET YOUR FUTURE BACK ON TRACK.

You have likely invested significant time, emotion, and money into planning a future with your fiancé(e) in the United States. While a denial of your fiancé petition is a serious setback, it does not always mean the end of the road. You may be wondering, 'Why was my fiance petition denied?' Understanding why the petition was denied and knowing your options is crucial.

First: Was it a Denial or a Rejection?

It is important to distinguish between a rejection and a denial. If it was a  Rejection, that means your petition was not filed correctly. You may be able to correct the error and just refile your petition. If it was indeed a Denial, then that means USCIS reviewed the substance of your petition and determined that either you (the petitioner) or your fiancé(e), or both of you, did not meet one or more eligibility requirements.

An immigration attorney can help you figure out why your petition was rejected or denied, and advise on how best to approach or resolve the issue (assuming it can be resolved).

Below are some common reasons for denials:

1. Failure to Prove a Bona Fide Relationship: USCIS may not have been convinced that your relationship is genuine, and not solely for immigration benefits. Did you provide sufficient evidence of your relationship (photos, communications, visits to each other)? Were there any inconsistencies in your information or documentation? Did you have a very short courtship? Is there a large age difference between you two?
2. Failure to Prove the In-Person Meeting Requirement: Did you show that you met your fiancé(e) in person within the two years before filing the petition? If you did not, then this may be the problem. There are limited exceptions to this, such as a waiver based on extreme hardship, or long-established, strict cultural customs.
3. Legally not Free to Marry: You and your fiancé(e) must show that you are legally able to marry. Was your divorce finalized, and did you provide a copy of your divorce decree?
4. Failure to comply with the International Marriage Broker Regulation Act (IMBRA), including disclosure of Certain Criminal History of Petitioner: IMBRA is a law that aims to protect fiancé(e)s and spouses filing for marriage-based green cards from future domestic abuse and sexual assault. Certain offenses in your past can make you ineligible to file a petition for your fiancé(e), or you may need a waiver to proceed. Consult with an immigration attorney if you think this might be the case.

Certain offenses in your past can make you ineligible to file a petition for your fiancé(e), or you may need a waiver to proceed.

Potential Options if Your Fiance(e) Petition is Denied:

How do I appeal my denied I-129F fiance petition?

1.    File an Appeal (Form I-290B, Notice of Appeal or Motion): If you think USCIS made a legal or factual error, you can file an appeal. Appeals can be complex and should be heavily documented. It would be wise to consult with an immigration attorney to determine whether you might be eligible to file an appeal.

2.    File a Motion to Reopen or Reconsider (Form I-290B): A Motion to Reopen is based on new facts or evidence. A Motion to Reconsider argues that the denial was based on an incorrect application of law or policy. Motions must be heavily supported with documentary evidence, and you should cite to the relevant law.

3.    Refile your I-129F Petition: You may want to just restart the process by submitting a new fiancé(e) petition, with new filing fee. This is often a practical option if the reason for denial is something you can now fix. For example, if the denial was due to insufficient relationship evidence, you may now have more or stronger proof. Some drawbacks are that the processing time starts over, and you can still be denied again if you do not directly address and cure the prior reason(s) for the denial with your new petition.

4.    Marry Abroad and File for a Spouse Immigrant Visa. Learn the steps here.

Crucial Steps After Denial:

• Read the Denial Notice Carefully: Understand the specific legal and factual reasons USCIS provided for the denial. This is key to choosing the best path forward.
• Gather Your Documents: Collect copies of everything you submitted, the denial notice, and any new evidence you might have.
• Seek Legal Advice: Immigration law is complex. Consulting with an experienced immigration attorney is highly recommended. An attorney can analyze your denial notice, assess the strengths and weaknesses of your case, explain your options in detail, and help you strategize the most effective course of action – whether it is an appeal, a motion, refiling, or pursuing a spouse immigrant visa.

A denial is disappointing, but with careful consideration and professional legal guidance, you and your fiancé(e) may still be able to achieve your shared dream of building a life together in the United States.

Our IMMIGRATION LAW OFFICE is experienced in reuniting couples through the fiance(e) immigration process. We can help you identify and understand why your I-129F petition was denied, and help you and your fiance(e) craft a better path forward.  We provide both in-person and remote immigration legal services to couples all over the world. Contact us today!

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**Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa, an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

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