Fiance Visa sent back to NVC

[cjindia 0]

I just spoke to my lawyer, the embassy is giving him the runaround as well. He told me to reapply. He said we can withdraw it at any time, but this way we will have the petition in front of VSC. And then we can provide additional proof of relationship. The embassy claims that my fiance was unable to prove the relationship, yet they asked her just 5 questions. My lawyer told me to get more proof. get more pics when i go to india in sept. Argh,.. what a nightmare..

My congressman said they are planning to agressively pursue this case on their end as well.

[YuAndDan 153]

If the embassy of consulate returned the case to USCIS (NOID) you will need to have your lawyer overcome or appeal the embassy officer's decision it at USCIS, you cannot just file another petition for the same person, there will be a note of misrepresentation on that persons file at USCIS that needs to be dealt with first before the embassy will interview for another visa. No way to withdraw a K-1 petition once a visa interview has been conducted and ruled on by a consular officer, you now have to deal with the denied one first.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

[cjindia 0]

If the embassy of consulate returned the case to USCIS (NOID) you will need to have your lawyer overcome or appeal the embassy officer's decision it at USCIS, you cannot just file another petition for the same person, there will be a note of misrepresentation on that persons file at USCIS that needs to be dealt with first before the embassy will interview for another visa. No way to withdraw a K-1 petition once a visa interview has been conducted and ruled on by a consular officer, you now have to deal with the denied one first.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

We are not applying for a K3, instead my lawyer advises to

1. pursue the rejected consulate interview

2. at the same time, reapply for a new K1 and work thru USCIS to make sure they are aware of the new application.

[pushbrk 12,761]

If the embassy of consulate returned the case to USCIS (NOID) you will need to have your lawyer overcome or appeal the embassy officer's decision it at USCIS, you cannot just file another petition for the same person, there will be a note of misrepresentation on that persons file at USCIS that needs to be dealt with first before the embassy will interview for another visa. No way to withdraw a K-1 petition once a visa interview has been conducted and ruled on by a consular officer, you now have to deal with the denied one first.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

We are not applying for a K3, instead my lawyer advises to

1. pursue the rejected consulate interview

2. at the same time, reapply for a new K1 and work thru USCIS to make sure they are aware of the new application.

Nevertheless, you're going to have to deal with the NOID. We can be of more help to you if you'll provide the details of the evidence viewed or discussed as well as the 5 questions and answers. The devil is in the details and your post gives the impression you are detached from the process and the relationship. This could have a lot to do with the NOID.

[cjindia 0]

I have already published the details various times. I am quite taken aback by your remarks. I published everything over the last month under Asia-South, this was moved to this forum somehow.

I am very aware of every detail of the case

The five questions were:

How did you meet? Thru my fiances aunt.

How long did you know each other prior to engagement? - 6 months

Write his name down

Have you ever been married? No

Has he ever been married? Yes

Have you ever travelled outside India? No

Then he handed her a preprinted 221g.

If the embassy of consulate returned the case to USCIS (NOID) you will need to have your lawyer overcome or appeal the embassy officer's decision it at USCIS, you cannot just file another petition for the same person, there will be a note of misrepresentation on that persons file at USCIS that needs to be dealt with first before the embassy will interview for another visa. No way to withdraw a K-1 petition once a visa interview has been conducted and ruled on by a consular officer, you now have to deal with the denied one first.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

We are not applying for a K3, instead my lawyer advises to

1. pursue the rejected consulate interview

2. at the same time, reapply for a new K1 and work thru USCIS to make sure they are aware of the new application.

Nevertheless, you're going to have to deal with the NOID. We can be of more help to you if you'll provide the details of the evidence viewed or discussed as well as the 5 questions and answers. The devil is in the details and your post gives the impression you are detached from the process and the relationship. This could have a lot to do with the NOID.

[U.S. Wendy 0]

The same attorney who wrote the above referenced article is advising me to refile my K-1 as well. It's a ####### shoot. No one is being advised to ignore the NOID or NOIR and go ahead with a new petition....but there are cases where the embassy has simply either ignored or forgotten about the first petition (pending) and went ahead with the second interview and issued the visa. This is rare, but happens. The Embassy is obligated to process EVERY petition, they can hold off on this, but not forever.

The problem is that CSC is not readjudicating the most recently returned petitions. I don't know why, other than work overload and the fact that these petitions do not take priority. They will simply 'expire' them and make no ruling (at CSC). You can wait 6-8 months or more for them to simply tell you that the petition is expired. Then they will tell you that you are welcome to reapply.

I don't know if VSC is doing the same thing, but we'll see. It's $170.00 chance that I, for one, am willing to take if it means my fiance can be here sooner and the government can't steal anymore precious time from my fiance and I.

I think as long as you deal with a NOID or NOIR, IF you get one, you can't be charged with misrepresentation.

By re-filing and requesting and IMBRA waiver, USCIS can't forget about you.............while we wait in vain for some answer that may never come.

The second petition should address any and all issues in the forfront of the CO's mind, even if they didn't put all their speculation and prejudice all in writing on the return petition memo.

[cjindia 0]

The same attorney who wrote the above referenced article is advising me to refile my K-1 as well. It's a ####### shoot. No one is being advised to ignore the NOID or NOIR and go ahead with a new petition....but there are cases where the embassy has simply either ignored or forgotten about the first petition (pending) and went ahead with the second interview and issued the visa. This is rare, but happens. The Embassy is obligated to process EVERY petition, they can hold off on this, but not forever.

The problem is that CSC is not readjudicating the most recently returned petitions. I don't know why, other than work overload and the fact that these petitions do not take priority. They will simply 'expire' them and make no ruling (at CSC). You can wait 6-8 months or more for them to simply tell you that the petition is expired. Then they will tell you that you are welcome to reapply.

I don't know if VSC is doing the same thing, but we'll see. It's $170.00 chance that I, for one, am willing to take if it means my fiance can be here sooner and the government can't steal anymore precious time from my fiance and I.

I think as long as you deal with a NOID or NOIR, IF you get one, you can't be charged with misrepresentation.

By re-filing and requesting and IMBRA waiver, USCIS can't forget about you.............while we wait in vain for some answer that may never come.

The second petition should address any and all issues in the forfront of the CO's mind, even if they didn't put all their speculation and prejudice all in writing on the return petition memo.

My lawyer said you can always withdraw the petition if the 1 st goes thru. Interestingly you also are at VSC. Let me know if they approve your petition.

[U.S. Wendy 0]

:dance: :dance:

Well, they took my money anyway.

I'll keep you posted. If I am wrong about this, I'll be the first one to come here and eat crow.............but wish me luck.

Receipt Number: EACXXXXXXXXX

Application Type: I129F, PETITION FOR FIANCE(E)

Current Status: Case received and pending.

On July 3, 2007, we received this I129F PETITION FOR FIANCE(E), and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

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If you would like to see our current Processing Dates for Applications and Petitions, click here.

Note: Case Status is available for Applications and Petitions which were filed at USCIS Service Centers. If you filed at a USCIS Local Office, your case status may not be reviewable online but for processing times on forms filed at that Office please, click here.

If you have a question about case status information provided via this site, or if you have not received a decision from USCIS within the current processing time listed, please contact the USCIS Customer Service at (800) 375 – 5283 or 1-800-767-1833 (TTY).

[cjindia 0]

The same attorney who wrote the above referenced article is advising me to refile my K-1 as well. It's a ####### shoot. No one is being advised to ignore the NOID or NOIR and go ahead with a new petition....but there are cases where the embassy has simply either ignored or forgotten about the first petition (pending) and went ahead with the second interview and issued the visa. This is rare, but happens. The Embassy is obligated to process EVERY petition, they can hold off on this, but not forever.

The problem is that CSC is not readjudicating the most recently returned petitions. I don't know why, other than work overload and the fact that these petitions do not take priority. They will simply 'expire' them and make no ruling (at CSC). You can wait 6-8 months or more for them to simply tell you that the petition is expired. Then they will tell you that you are welcome to reapply.

I don't know if VSC is doing the same thing, but we'll see. It's $170.00 chance that I, for one, am willing to take if it means my fiance can be here sooner and the government can't steal anymore precious time from my fiance and I.

I think as long as you deal with a NOID or NOIR, IF you get one, you can't be charged with misrepresentation.

By re-filing and requesting and IMBRA waiver, USCIS can't forget about you.............while we wait in vain for some answer that may never come.

The second petition should address any and all issues in the forfront of the CO's mind, even if they didn't put all their speculation and prejudice all in writing on the return petition memo.

Is there a congressman involved with your case?

how long did it take to ccome back to Vermont?

[U.S. Wendy 0]

Is there a congressman involved with your case?

how long did it take to ccome back to Vermont?

I used the congress person to try and get the 1st visa refusal reversed. That didn't work so.................I haven't been in contact with them for this new petition. I am working with my attorney for now. If I need the politicians later, I will not hesitate to contact them, but I don't think they can do anything about the first petition once it had been returned to the US.

My petition was returned to Vermont in a little over two months, officially. But it made it back to NVC in about 5 weeks, I think. Can't be sure exactly, but the embassy said they sent our petition back around April 24th, so either someone is lying or it got caught up in embassy rotation and NVC held onto it for a while.