a nightmare - need input

[Afrilaskan Queen 0]

I normally post in the African sub-Saharan and I am not familiar enough with this website to even know what this form of visa entails or means. Please forgive me if I'm in the wrong area and misdirect me.

I feel I'm in a nightmare in which I will awake.

The long and short is that from end to beginning me and my hubby's case was mishandled. We were friends a year, dated for 1 more year, married in 2007, were approved quickly, more then 1 year ago we were denied our I-129 after my husbands interview and our case has sat at a California service center since August 2008.

Months ago the Senator of my state intervened and asked our case expedited, we are married 2 years now and presented a lot of evidence. They told our senator that we would have to wait a standard 24 months and there is nothing they could do. The lawyer I spoke to suggested re-filed our I-130 again though it is approved it cannot be freed up with the failed I-129.

We've had more trouble from the beginning that I've considered moving towards the media. I do not know who to contact and I do not know the next step. I know God is great. I need any direction or input that can be given. Please help if you can I just got this news about 15 minutes ago but am trying to remain calm and pray for a miracle. I don't understand the reasoning behind it, neither of us have a criminal record, we were denied for insufficient evidence of bonafied relationship and yet our evidence was not lacking. Thank You for reading this. I cannot move to my husbands home area as it is literally dangerous for me, I feel we are stuck in a nightmare.

[reeses16 8]

What specifically did you submit as evidence of your relationship?

I've never heard of senators having to wait a standard 24 months.

Also can you explain the situation a little more. Did you apply for a K1 visa, receive a denial and then apply for a K3?

[Afrilaskan Queen 0]

Thank you for your reply!

In answer to your questions:

When I returned from our marriage ceremony/wedding I filed I-130 by myself, it sat for two 90 month periods they said it was lost.

Lawyer entered and submitted I-129

- 6 months was I130 approved along with the I129, they were both approved at the same time.

- Our I-129 was sent and we did that interview while our I-130 was still approved. So our K-3 spouse was approved and filed for.

- The interview was a mess! We never got a receipt from NVC when our case went to the Embassy.

- We knew about our interview 2 weeks before hand because they never sent our package Or approval letter and refused to let my hubby hand pick it up.

- The Senator intervened to get my hubby in the door after he was sent away repeatedly after the Embassy told him to come in and wouldn't let him in.

Eventually they got him in and the interview was a mess and we were denied.

Senator asked for a redo on our denied I-129 interview and they refused even though we had concrete evidence that should have let us.

That's when our case came back to the US in August 2008 and our approved I-130 was tied to it. The Senator was told that basically minor and major cases are tied together and not differentiated and the timeframe was 24 month wait and there was nothing they could do.

The evidence we submitted has been ongoing, I have sent new evidence as I had it.

Included: Wedding pictures, name change evidence, Trip iterinary, marriage certificate, travel pictures/dating pictures, affidavits from both our family/friends amounting to approx. 25 people, 4 emails per month for 2 years, 2 IM's per month for about 1 year, phone records for past 2 years as we no longer email and we communicate most every day and not with phone cards. Also information and support from our religious organization which is how we connected because one of the 3 reasons for denial was that my Hubby claimed he didn't hear of our religion which we grew up in and also attended together! It was ludicrous!

There was other evidence too.

I hope this helps you give me some input or thoughts. Thank you!

[Kathryn41 3,205]

2Umelos, retype your response using the "Reply" or "Fast Reply" on the right hand bottom of the post, not the "Report" key on the left so the Original Poster can read your information.

[Afrilaskan Queen 0]

Thank you for your reply!

In answer to your questions:

When I returned from our marriage ceremony/wedding I filed I-130 by myself, it sat for two 90 month periods they said it was lost.

Lawyer entered and submitted I-129

- 6 months was I130 approved along with the I129, they were both approved at the same time.

- Our I-129 was sent and we did that interview while our I-130 was still approved. So our K-3 spouse was approved and filed for.

- The interview was a mess! We never got a receipt from NVC when our case went to the Embassy.

- We knew about our interview 2 weeks before hand because they never sent our package Or approval letter and refused to let my hubby hand pick it up.

- The Senator intervened to get my hubby in the door after he was sent away repeatedly after the Embassy told him to come in and wouldn't let him in.

Eventually they got him in and the interview was a mess and we were denied.

Senator asked for a redo on our denied I-129 interview and they refused even though we had concrete evidence that should have let us.

That's when our case came back to the US in August 2008 and our approved I-130 was tied to it. The Senator was told that basically minor and major cases are tied together and not differentiated and the timeframe was 24 month wait and there was nothing they could do.

The evidence we submitted has been ongoing, I have sent new evidence as I had it.

Included: Wedding pictures, name change evidence, Trip iterinary, marriage certificate, travel pictures/dating pictures, affidavits from both our family/friends amounting to approx. 25 people, 4 emails per month for 2 years, 2 IM's per month for about 1 year, phone records for past 2 years as we no longer email and we communicate most every day and not with phone cards. Also information and support from our religious organization which is how we connected because one of the 3 reasons for denial was that my Hubby claimed he didn't hear of our religion which we grew up in and also attended together! It was ludicrous!

There was other evidence too.

I hope this helps you give me some input or thoughts. Thank you!

--------------------

~Afrilaskan Queen~

Thanks... cute kitties btw, maine coons I think in one pic.

[Y's_habibitk 2]

Are you saying that your 130(CR1) is still sitting approved at NVC? Did he ever interview for the CR1?

What was their reason for sending the K3 back to the states?

What has happened since? The 129 just "died" at CSC? Unless your 130 expired at NVC and they wont process it there, you cant re-file one. You can only have one open at a time.

Is that what you are asking? If you can re-file the 130?

I think you should find out the status of the 130 at NVC, address the consulates concerns about the k3, and try to interview for the 130. that would be my approach. If it's been to long and you cant resurrect the 130..then you can refile.

[Afrilaskan Queen 0]

Thanks for your responce. In answer to your questions, our denied I-129 was refused because of no proof of a bonafied relationship [i don't think so] and on suspicion that my husband only is trying to immigrate to the US. Once our I-129 was sent back to the California Service Center, yes it has sat there for over a year now. The Senator got them to update the date and let us know we must wait the approx. estimated wait time of 24 months like everyone else - before they read and review and then decide if they will send it on.

Our I-130 is tied to the denied I-129. I am not sure if the I-130 has expired. We were approved in late 2007. The lawyer handling our case has not had denials and she is the one who said that we should refile the I-130 but on our case file at the uscis website it does not indicate our I-130 has expired.

I've never heard of any of this, I had no idea we could refile and I am asking if you refile does that dump the past cases forever and you literally start over? Thanks for the info I'm going to find out if our I-130 has expired. I know it's 5 months estimated to get approved, I wonder how long after that it takes to get an interview. I feel like my head is spinning.

We cannot address the concerns of the Consulate until they tell us specifically what they are and the Senator said they will not give that information until we're up for review. If the timeline provided by the CSC was correct, in their email to the Senator, our estimated next interview would be vaguely sometime in August 2010 if they chose to move it on after reviewing it.. We would be married about 3 and 1/2 years by then almost 4. I cannot fathom that. I wish I knew who to contact or what to do. I trust the lawyer we have in terms of honesty but I wonder about inexperience is all. I'm scared to lose any more precious time apart.

Thank you and I hope that answers your question. If you have any input, yes please pass it my way.

[queuedup 1]

Are you saying that your 130(CR1) is still sitting approved at NVC? Did he ever interview for the CR1?

What was their reason for sending the K3 back to the states?

What has happened since? The 129 just "died" at CSC? Unless your 130 expired at NVC and they wont process it there, you cant re-file one. You can only have one open at a time.

Is that what you are asking? If you can re-file the 130?

I think you should find out the status of the 130 at NVC, address the consulates concerns about the k3, and try to interview for the 130. that would be my approach. If it's been to long and you cant resurrect the 130..then you can refile.

I agree with the post. Do you know the reason for the denial? Understanding the reason for denial will help you move forward, as you will have to overcome those reasons in a future interview.

[Y's_habibitk 2]

Thanks for your responce. In answer to your questions, our denied I-129 was refused because of no proof of a bonafied relationship [i don't think so] and on suspicion that my husband only is trying to immigrate to the US. Once our I-129 was sent back to the California Service Center, yes it has sat there for over a year now. The Senator got them to update the date and let us know we must wait the approx. estimated wait time of 24 months like everyone else - before they read and review and then decide if they will send it on.

Our I-130 is tied to the denied I-129. I am not sure if the I-130 has expired. We were approved in late 2007. The lawyer handling our case has not had denials and she is the one who said that we should refile the I-130 but on our case file at the uscis website it does not indicate our I-130 has expired.

I've never heard of any of this, I had no idea we could refile and I am asking if you refile does that dump the past cases forever and you literally start over? Thanks for the info I'm going to find out if our I-130 has expired. I know it's 5 months estimated to get approved, I wonder how long after that it takes to get an interview. I feel like my head is spinning.

We cannot address the concerns of the Consulate until they tell us specifically what they are and the Senator said they will not give that information until we're up for review. If the timeline provided by the CSC was correct, in their email to the Senator, our estimated next interview would be vaguely sometime in August 2010 if they chose to move it on after reviewing it.. We would be married about 3 and 1/2 years by then almost 4. I cannot fathom that. I wish I knew who to contact or what to do. I trust the lawyer we have in terms of honesty but I wonder about inexperience is all. I'm scared to lose any more precious time apart.

Thank you and I hope that answers your question. If you have any input, yes please pass it my way.

well the 130 being tied to the 129f really doesnt help or harm the case. It's just another "route" to take with the K3. The problem is that once a consul has made up their minds that its a fraud case and not bonofide, it is REALLY difficult to change their minds(from everything i have read from others experience on this).

The best option in my opinion is to have ALL the proof of an on going relationship that you can when he interviews again (wheather it is for the already approved 130 or a newly filed 130).

They usually dont give specifics, if its "insufficient proof of a bonofide relationship" then that is usually all you will get. It is up to you to prove otherwise. You have the burden of proof.

Was your husband prepared for the interview? I mean with answering the questions with confidence and showing all the proof?

I think you have a difficult consulate because there is alot of fraud and the CO's probably already have their minds made up half the time. Just my opinion and observation. If there is any hole they can poke, they will. Did you post in the sub sahra forum also? there may be some ladies there with experience and support that can help you along this second journey

Again, the first thing is to find out if you can revive the current 130 at NVC.

If you can, I would go for it. If you can go to his interview, that may help.

Go with all the proof you can think of. If there are any "red flags" with your case, be prepared to address them. For example...If there is an age difference, be prepared to answer those questions with confidence.

I hope you can get the already approved 130 moving at NVC, it should save you some time. Even if you were to refile, they will still see the previously denied application and "hold it against you"

I wish you the best of luck

[Afrilaskan Queen 0]

Thanks for your responce. In answer to your questions, our denied I-129 was refused because of no proof of a bonafied relationship [i don't think so] and on suspicion that my husband only is trying to immigrate to the US. Once our I-129 was sent back to the California Service Center, yes it has sat there for over a year now. The Senator got them to update the date and let us know we must wait the approx. estimated wait time of 24 months like everyone else - before they read and review and then decide if they will send it on.

Our I-130 is tied to the denied I-129. I am not sure if the I-130 has expired. We were approved in late 2007. The lawyer handling our case has not had denials and she is the one who said that we should refile the I-130 but on our case file at the uscis website it does not indicate our I-130 has expired.

I've never heard of any of this, I had no idea we could refile and I am asking if you refile does that dump the past cases forever and you literally start over? Thanks for the info I'm going to find out if our I-130 has expired. I know it's 5 months estimated to get approved, I wonder how long after that it takes to get an interview. I feel like my head is spinning.

We cannot address the concerns of the Consulate until they tell us specifically what they are and the Senator said they will not give that information until we're up for review. If the timeline provided by the CSC was correct, in their email to the Senator, our estimated next interview would be vaguely sometime in August 2010 if they chose to move it on after reviewing it.. We would be married about 3 and 1/2 years by then almost 4. I cannot fathom that. I wish I knew who to contact or what to do. I trust the lawyer we have in terms of honesty but I wonder about inexperience is all. I'm scared to lose any more precious time apart.

Thank you and I hope that answers your question. If you have any input, yes please pass it my way.

well the 130 being tied to the 129f really doesnt help or harm the case. It's just another "route" to take with the K3. The problem is that once a consul has made up their minds that its a fraud case and not bonofide, it is REALLY difficult to change their minds(from everything i have read from others experience on this).

The best option in my opinion is to have ALL the proof of an on going relationship that you can when he interviews again (wheather it is for the already approved 130 or a newly filed 130).

They usually dont give specifics, if its "insufficient proof of a bonofide relationship" then that is usually all you will get. It is up to you to prove otherwise. You have the burden of proof.

Was your husband prepared for the interview? I mean with answering the questions with confidence and showing all the proof?

I think you have a difficult consulate because there is alot of fraud and the CO's probably already have their minds made up half the time. Just my opinion and observation. If there is any hole they can poke, they will. Did you post in the sub sahra forum also? there may be some ladies there with experience and support that can help you along this second journey

Again, the first thing is to find out if you can revive the current 130 at NVC.

If you can, I would go for it. If you can go to his interview, that may help.

Go with all the proof you can think of. If there are any "red flags" with your case, be prepared to address them. For example...If there is an age difference, be prepared to answer those questions with confidence.

I hope you can get the already approved 130 moving at NVC, it should save you some time. Even if you were to refile, they will still see the previously denied application and "hold it against you"

I wish you the best of luck

'Y's_habibitk' - thank you so much for your reply u asked some very valid questions! My husband knew about his interview about 2 days prior to it! We could not get a NVC receipt and contacted the consulate over a period of 2 months until we found out our date for the interview. My Hubby did not have time to prepare for the interview. We did not even know possible questions and our lawyer didn't have time to prepare him or me. We made some guesses at what might be on the interview and I tried to help him based on what seemed reasonable.

He also did not get into his first interview, they would not let him in the door, my senators office had to let them know that happened and I can only imagine they were embarrassed once it was proven he was not let in and had to force them to let him in.

Also our proof he presented was not accepted or even looked at including our pictures or anything.

After digging we can only figure we're an interracial couple and he got a fact wrong and the way he worded something made him them conclude that he had never heard of our religion where we met - which made no sense.

Any other thoughts? Thank you so much! You really seem sincere in your comments and I appreciate that because I came here for hope.

[Y's_habibitk 2]

Im so sorry, it sounds like the circumstances really threw you guys off. It's nerve wracking enough to go through the interview, Im sure, more so with very little notice and having to fight just to get in. yikes!!

Since you have the time now to practice and gather proof... I would hope that the next interview would go more smoothly. Have you found out about the original 130 at NVC yet? The sooner you do, the sooner you will know how to proceed(thru NVC or refiling)

I would do everything I could to be there with him on the next interview. INSIST they look at the proof, and practice practice practice with your husband. Ask him the hard questions until he is confident and can answer them in his sleep

Do you guys talk via phone or email or chat? Save ALL of that proof and anything else...cards mailed, letters/envelopes from letters and anything that shows you are in constant contact would look good.

Thats all I can think of really. Proceed with the 130, get your senator or congressman to shoot a short email before the next interview(mine did this for me), gather all of your proof and practice interviewing with him.

Keep us posted on what you find out about the already approved 130.

Lisa

[Afrilaskan Queen 0]

Thank you Lisa and I'll keep you posted. All The Best