help me

[mackenson 0]

The last processing action taken on your case

Receipt Number: EAC0901050676

Embassy of Haiti has denied the visa for my fiancee month of August since they say that the union was alone for immigration when I received a letter of November 3 isis said this helps me to understand what I must do is what my faience still has a chance

application Type: I129F , PETITION FOR FIANCE(E)

Current Status: This case has been received from the State Department with a request we review it.

On November 3, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check My Case Status and Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

[ScottThuy 140]

Stay on top of them. You must be ready to respond as soon as they let you know the exact reason for denial... you will have a limited amount of time to respond to them.

[Dakine 26]

The last processing action taken on your case

Receipt Number: EAC0901050676

Embassy of Haiti has denied the visa for my fiancee month of August since they say that the union was alone for immigration when I received a letter of November 3 isis said this helps me to understand what I must do is what my faience still has a chance

application Type: I129F , PETITION FOR FIANCE(E)

Current Status: This case has been received from the State Department with a request we review it.

On November 3, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check My Case Status and Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

Looks like you should cancell the I-129F. Marry and go for a CR-1 !

Edited November 9, 2009 by Dakine

[Stephen + Elisha 92]

Looks like you should cancell the I-129F. Marry and go for a CR-1 !

This is not good advice.

As ScottThuy posted above, it is very important for the petitioner to stay on top of the K-1 petition. If USCIS reviews it and issues a Notice of Intent to Deny, he must respond and argue the merits of his case even if he marries and files an I-130. If the K-1 approval is revoked, the beneficiary risks trouble at the consulate when it comes time for the CR-1 interview.

See the following article: http://www.ilw.com/articles/2006,0323-ellis.shtm

[Dakine 26]

Looks like you should cancell the I-129F. Marry and go for a CR-1 !

This is not good advice.

As ScottThuy posted above, it is very important for the petitioner to stay on top of the K-1 petition. If USCIS reviews it and issues a Notice of Intent to Deny, he must respond and argue the merits of his case even if he marries and files an I-130. If the K-1 approval is revoked, the beneficiary risks trouble at the consulate when it comes time for the CR-1 interview.

See the following article: http://www.ilw.com/articles/2006,0323-ellis.shtm

How do you think Marc Ellis makes his living?

[pushbrk 12,569]

Looks like you should cancell the I-129F. Marry and go for a CR-1 !

This is not good advice.

As ScottThuy posted above, it is very important for the petitioner to stay on top of the K-1 petition. If USCIS reviews it and issues a Notice of Intent to Deny, he must respond and argue the merits of his case even if he marries and files an I-130. If the K-1 approval is revoked, the beneficiary risks trouble at the consulate when it comes time for the CR-1 interview.

See the following article: http://www.ilw.com/articles/2006,0323-ellis.shtm

I don't think we can judge for the OP whether giving up on the K1, marrying and filing for the CR1 visa is in his best interest but the issues you mention can be virtually nullified by simply withdrawing the I-129F. Even so, whatever the reason for the initial denial may be, it must be dealt with satisfactorily or the spouse visa process will fail as well. Getting married and starting over is not, in and of itself, sufficient to overcome the initial reasons for denial.

[ScottThuy 140]

Looks like you should cancell the I-129F. Marry and go for a CR-1 !

This is not good advice.

As ScottThuy posted above, it is very important for the petitioner to stay on top of the K-1 petition. If USCIS reviews it and issues a Notice of Intent to Deny, he must respond and argue the merits of his case even if he marries and files an I-130. If the K-1 approval is revoked, the beneficiary risks trouble at the consulate when it comes time for the CR-1 interview.

See the following article: http://www.ilw.com/articles/2006,0323-ellis.shtm

How do you think Marc Ellis makes his living?

Its not that simple.. once the consulate has decided that fraud has taken place, just "canceling" does not make that go away and it becomes a huge hurdle that may not be overcome with a CR1 unless addressed.

M.E. knows the system and give good advice.. as it did not tell the whole story

[Gary and Alla 3,694]

The last processing action taken on your case

Receipt Number: EAC0901050676

Embassy of Haiti has denied the visa for my fiancee month of August since they say that the union was alone for immigration when I received a letter of November 3 isis said this helps me to understand what I must do is what my faience still has a chance

application Type: I129F , PETITION FOR FIANCE(E)

Current Status: This case has been received from the State Department with a request we review it.

On November 3, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check My Case Status and Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

Looks like you should cancell the I-129F. Marry and go for a CR-1 !

I DO NOT recommend this. Any reason for denial of the K-1 would carry over to the CR-1. CR-1s are no more guaranteed or "proof of relationship" that a K-1. You NEED to know exactly what the problem is, address it, correct it and then file for another K-1 or CR-1. Going off and getting married may result in anaother denied visa but the marriage will be valid.

If the reason is "not clearly eligible" it means your fiance was not properly prepared for the consulate. You could try again with the K-1 which would probably be faster than an appeal OR a CR-1 (withdraw the existing petition and start a new one) and this time, prepare and keep good evidence of relationship.

[Dakine 26]

The last processing action taken on your case

Receipt Number: EAC0901050676

Embassy of Haiti has denied the visa for my fiancee month of August since they say that the union was alone for immigration when I received a letter of November 3 isis said this helps me to understand what I must do is what my faience still has a chance

application Type: I129F , PETITION FOR FIANCE(E)

Current Status: This case has been received from the State Department with a request we review it.

On November 3, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check My Case Status and Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

Looks like you should cancell the I-129F. Marry and go for a CR-1 !

I DO NOT recommend this. Any reason for denial of the K-1 would carry over to the CR-1. CR-1s are no more guaranteed or "proof of relationship" that a K-1. You NEED to know exactly what the problem is, address it, correct it and then file for another K-1 or CR-1. Going off and getting married may result in anaother denied visa but the marriage will be valid.

If the reason is "not clearly eligible" it means your fiance was not properly prepared for the consulate. You could try again with the K-1 which would probably be faster than an appeal OR a CR-1 (withdraw the existing petition and start a new one) and this time, prepare and keep good evidence of relationship.

" DO NOT recommend this. Any reason for denial of the K-1 would carry over to the CR-1. CR-1s are no more guaranteed or "proof of relationship" that a K-1. You NEED to know exactly what the problem is, address it, correct it and then file for another K-1 or CR-1. Going off and getting married may result in anaother denied visa but the marriage will be valid"

I call BS on this.

If you marry and have a wedding and big reception with LOTS of pictures plus make more than one trip you stand a MUCH better

chance of obtaining a visa.

Been there< did that after my 1ST denial. Different lady but it all gets down to evidence of relationship.

[JimVaPhuong 4,863]

The last processing action taken on your case

Receipt Number: EAC0901050676

Embassy of Haiti has denied the visa for my fiancee month of August since they say that the union was alone for immigration when I received a letter of November 3 isis said this helps me to understand what I must do is what my faience still has a chance

application Type: I129F , PETITION FOR FIANCE(E)

Current Status: This case has been received from the State Department with a request we review it.

On November 3, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check My Case Status and Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

Looks like you should cancell the I-129F. Marry and go for a CR-1 !

I DO NOT recommend this. Any reason for denial of the K-1 would carry over to the CR-1. CR-1s are no more guaranteed or "proof of relationship" that a K-1. You NEED to know exactly what the problem is, address it, correct it and then file for another K-1 or CR-1. Going off and getting married may result in anaother denied visa but the marriage will be valid.

If the reason is "not clearly eligible" it means your fiance was not properly prepared for the consulate. You could try again with the K-1 which would probably be faster than an appeal OR a CR-1 (withdraw the existing petition and start a new one) and this time, prepare and keep good evidence of relationship.

" DO NOT recommend this. Any reason for denial of the K-1 would carry over to the CR-1. CR-1s are no more guaranteed or "proof of relationship" that a K-1. You NEED to know exactly what the problem is, address it, correct it and then file for another K-1 or CR-1. Going off and getting married may result in anaother denied visa but the marriage will be valid"

I call BS on this.

If you marry and have a wedding and big reception with LOTS of pictures plus make more than one trip you stand a MUCH better

chance of obtaining a visa.

Been there< did that after my 1ST denial. Different lady but it all gets down to evidence of relationship.

What happened to your first petition? Did you get a NOIR or NOID from USCIS? Or, did they just let the petition die?

A denial because the consulate feels the relationship is a sham is an accusation of fraud. If USCIS agrees with the accusation, they may send a Notice of Intent to Deny/Revoke (NOID/NOIR) to the petitioner. If the petitioner doesn't respond, then the accusation becomes a presumption of fact. The fraud can result in a lifetime ban for the beneficiary. If the petitioner files another petition, the beneficiary will learn about the ban when she applies for the second visa.

What Scott and Gary are saying is that the first petition should not simply be forgotten. Follow up on it and make SURE that USCIS has not begun revocation proceedings, even if you've already gotten married and filed a petition for a CR1. If the service center DOES begin revocation proceedings, then respond to the notice with the evidence they request. Don't let them enter a finding of material misrepresentation into the case record.

As far as withdrawing the petition, Marc talks about this in the article:

What if Petitioner simply withdraws the petition after the consulate sends it back?

The regulations are rather unformed on this question. The aggressive stance DOS has taken toward Misrepresentation would lead me to err on the side of caution. If the petitioner has a chance to respond to an NOIR letter, this aggressive position might lead to a 212(a)(6)(c ) finding entered on the beneficiary record.

[Dakine 26]

The last processing action taken on your case

Receipt Number: EAC0901050676

Embassy of Haiti has denied the visa for my fiancee month of August since they say that the union was alone for immigration when I received a letter of November 3 isis said this helps me to understand what I must do is what my faience still has a chance

application Type: I129F , PETITION FOR FIANCE(E)

Current Status: This case has been received from the State Department with a request we review it.

On November 3, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check My Case Status and Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

Looks like you should cancell the I-129F. Marry and go for a CR-1 !

I DO NOT recommend this. Any reason for denial of the K-1 would carry over to the CR-1. CR-1s are no more guaranteed or "proof of relationship" that a K-1. You NEED to know exactly what the problem is, address it, correct it and then file for another K-1 or CR-1. Going off and getting married may result in anaother denied visa but the marriage will be valid.

If the reason is "not clearly eligible" it means your fiance was not properly prepared for the consulate. You could try again with the K-1 which would probably be faster than an appeal OR a CR-1 (withdraw the existing petition and start a new one) and this time, prepare and keep good evidence of relationship.

" DO NOT recommend this. Any reason for denial of the K-1 would carry over to the CR-1. CR-1s are no more guaranteed or "proof of relationship" that a K-1. You NEED to know exactly what the problem is, address it, correct it and then file for another K-1 or CR-1. Going off and getting married may result in anaother denied visa but the marriage will be valid"

I call BS on this.

If you marry and have a wedding and big reception with LOTS of pictures plus make more than one trip you stand a MUCH better

chance of obtaining a visa.

Been there< did that after my 1ST denial. Different lady but it all gets down to evidence of relationship.

What happened to your first petition? Did you get a NOIR or NOID from USCIS? Or, did they just let the petition die?

A denial because the consulate feels the relationship is a sham is an accusation of fraud. If USCIS agrees with the accusation, they may send a Notice of Intent to Deny/Revoke (NOID/NOIR) to the petitioner. If the petitioner doesn't respond, then the accusation becomes a presumption of fact. The fraud can result in a lifetime ban for the beneficiary. If the petitioner files another petition, the beneficiary will learn about the ban when she applies for the second visa.

What Scott and Gary are saying is that the first petition should not simply be forgotten. Follow up on it and make SURE that USCIS has not begun revocation proceedings, even if you've already gotten married and filed a petition for a CR1. If the service center DOES begin revocation proceedings, then respond to the notice with the evidence they request. Don't let them enter a finding of material misrepresentation into the case record.

As far as withdrawing the petition, Marc talks about this in the article:

What if Petitioner simply withdraws the petition after the consulate sends it back?

The regulations are rather unformed on this question. The aggressive stance DOS has taken toward Misrepresentation would lead me to err on the side of caution. If the petitioner has a chance to respond to an NOIR letter, this aggressive position might lead to a 212(a)(6)(c ) finding entered on the beneficiary record.

After the petition was returned to USCIS I sent a notarized letter cancelling it.

Not having enough evidence of having a bonafide relationship isn't fraud.

It's what it the CO said. Not enough evidence showing a bonafide rekationship. We only had a couple pictures.

Next time I had TONS.

[Starlight95 1]

Seriously, why are embassies giving K-1's such a hard time when it also requires a second interview for AOS. K-1's are more costly than CR-1's and should not be so easily given AP or denials. They should test all this out during AOS. Guys, just my take on this as I really feel for the couple when they get a denial. This process is becoming much more difficult then it was a few years back.