K1 denied-determined circumvent us immig law

[windcome 0]

Hi, I need help..My fiance K was denied Here is what the letter says:

The consular officer determined the relationship exists soley to circumvent us immigration law and there is on intent to marry within 90 days. The petition will be returned to USCIC.

I forgot to submit the statement from both of us to marry within 90 days. Also Does this mean that they determined it was fraud? I am so disappointed and not sure what to do now. Please help.

[JimVaPhuong 4,863]

Hi, I need help..My fiance K was denied Here is what the letter says:

The consular officer determined the relationship exists soley to circumvent us immigration law and there is on intent to marry within 90 days. The petition will be returned to USCIC.

I forgot to submit the statement from both of us to marry within 90 days. Also Does this mean that they determined it was fraud? I am so disappointed and not sure what to do now. Please help.

Is it "fiance" or "fiancee"? What country is he/she from?

At some consulates there is a remote chance of getting the visa section chief to keep the petition at the consulate for a second interview, but this seems to be pretty rare these days. It's almost certain that the petition is going to be sent back to the US. It goes to NVC first, and then to the USCIS service center that originally approved it. What happens after that depends on the service center and the adjudicator who has to review it.

The California Service Center often doesn't bother to review the returned petition, even if they think the consular officer's accusations have merit. They often just send you a letter advising you that the petition has expired, and you're free to file another petition. Sometimes when they do this they are just postponing a decision on the returned petition. If you don't file another petition then they don't have to make any decision on the returned petition. On the other hand, if you do file another petition then they may decide to revive that returned petition and make a decision on it. In that case, they'll send you a Notice Of Intent to Deny (NOID) on the second petition, citing the reasons the consular officers used when they returned the first petition. Sometimes they just approve the second petition without bothering to review the first petition.

The Vermont Service Center usually readjudicates returned petitions. This could take months to complete. If they reaffirm the approval then they'll send you a notice informing of you of this, and they'll send the petition back to the consulate for another interview. If they decide they agree with the consular officer then they'll send you a Notice Of Intent to Revoke (NOIR).

If you get a NOID or NOIR then you must respond with evidence to counter the consular officers accusations. You usually have a limited amount of time (30 days) to respond, so you should begin preparing your evidence well in advance just in case you need to file a response. You must do everything you can to avoid either having the approval of the first petition revoked (NOIR) or having the second petition denied (NOID). If either of these happen then the consular officer's accusations will be presumed to be true, and your fiance/e will be considered by the US government to be guilty of material misrepresentation; i.e., fraud.

Another option to get married and give up on the returned K1 petition. The upside of this approach is that you can file a new I-130 petition without waiting for USCIS to make a decision on the returned K1 petition. The downside is that USCIS might still eventually make a decision on the returned petition, and if they send a NOIR then you still must respond or risk a finding of fraud against your fiance/e.

Marc Ellis, an immigration lawyer who is also an occasional visitor to this forum, has written an excellent article about returned K1 petitions and the potential problems that might occur here:

http://www.ilw.com/articles/2006,0323-ellis.shtm

[windcome 0]

My fiance is in laos, interview at the vientiane embassy. AFter the interview, they requested evidence and did not stated that we need to provide the letter intent to marry within 90 days. We provide all evidences to them as requested, when he turn the evidences in, they took everything and gave him back the all the phone records. Should I obtain an attorney at this point?

[windcome 0]

I emailed the consular and here is what they reply back:

Dear Ms. :

Thank you for your email. Consular records indicate your case will be returned to USCIS with new material evidence that was not known to USCIS at the time the petition was approved by USCIS. The case will no longer be under our consular office’s jurisdiction. Please note that it may take up to two months for USCIS to receive the petition. Please address all further inquiries to USCIS as that agency has final adjudicating authority over fiancée visa petitions and the consular section in Vientiane no longer has a role to play in this process.

Please note that USCIS’ website states the following: Once USCIS receives a consular returned I-129F for K-1 classification from DOS and the petition has expired in accordance with 8 CFR214.2(k)(5), USCIS will allow the petition to remain expired and will not reaffirm or reopen the petition. Therefore, the petition will expire in normal course. Please note that this will not preclude the petitioner from filing another petition.

We regret that we cannot provide you with a more encouraging response at this time.

Sincerely,

Consular Section

U.S. Embassy - Vientiane

Tel: +856-21-26-7000

Fax: +856-21-26-7040

I'm not sure what to do know, Is it necessary for me to get a attorney now or should I just filed another k1 petition? I will be going back to visit him at the end of this year.

[windcome 0]

I am thinking of refiled right away for the K1 visa, is there a waiting period that I have to wait? Is it necessary for me obtain copies of consular notes why the denial of my fiance's visa from US department of State? Please help. I need to know so I can start the process as soon as possible.

[del-2-5-2014 1,339]

I am thinking of refiled right away for the K1 visa, is there a waiting period that I have to wait? Is it necessary for me obtain copies of consular notes why the denial of my fiance's visa from US department of State? Please help. I need to know so I can start the process as soon as possible.

Until you are certain of the cause of the denial and have taken steps to address them, then any refiles will be fruitless.

[Henry&Rebecca 39]

Hi, I need help..My fiance K was denied Here is what the letter says:

The consular officer determined the relationship exists soley to circumvent us immigration law and there is on intent to marry within 90 days. The petition will be returned to USCIC.

I forgot to submit the statement from both of us to marry within 90 days. Also Does this mean that they determined it was fraud? I am so disappointed and not sure what to do now. Please help.

I'm thinking that at this point, it is no longer wise for you to reapply for a K1 visa. If the consulate determined that you were attempting visa fraud with the K1 visa, then why should it determine anything different the second time around, when their eyes will be twice as open since your file will show a denial based on a determination that you attempted K1 fraud.

I think the better option for you at this point is to fly over there and get married, maybe even spend an extra amount of time there (while documenting it all with proof in as many forms as possible) and then apply for a spousal visa. That ought to show them whether you intend to marry him or not.

[TBoneTX 45,089]

Before you do anything else, it's crucial that you learn the precise reasons for the refusal and overcome those reasons. It could be that the beneficiary is permanently ineligible to immigrate to the U.S. under any circumstances. Find out everything before jumping into something.

[from.thesouth 0]

Before you do anything else, it's crucial that you learn the precise reasons for the refusal and overcome those reasons. It could be that the beneficiary is permanently ineligible to immigrate to the U.S. under any circumstances. Find out everything before jumping into something.

I agree. Good advise.