Consalate question

[panamania79 2]

I don't understand this.They denied my fiance's visa but they told him the case was still open.They gave him his passport without punching it.

[Zee Bee 61]

Are you eligible to file a waiver? Maybe that is why they said your case was still open.

[panamania79 2]

Are you eligible to file a waiver? Maybe that is why they said your case was still open.

At the cousalate they said yes,but an attorney I spoke to here said no. So I really don't know.

[kgas 0]

Did they give the rationale for the denial?

[kunle 0]

File a waiver and ask for list of what they want from you. The embassy always like to waste people's time. Most time he will get it the second time. If not just go the i-130 route.

[panamania79 2]

File a waiver and ask for list of what they want from you. The embassy always like to waste people's time. Most time he will get it the second time. If not just go the i-130 route.

Thank you for your positive and encouraging comment.I am planning to go the I-130 route.

[panamania79 2]

Did they give the rationale for the denial?

It's because he did something stupid 15 years ago.We paid a lawyer to get his record expunged,yet it showed up anyway and he was denied.But they told him his case wasn't closed which I find very odd.

[Zee Bee 61]

Did they give the rationale for the denial?

It's because he did something stupid 15 years ago.We paid a lawyer to get his record expunged,yet it showed up anyway and he was denied.But they told him his case wasn't closed which I find very odd.

Have you tried getting in touch with the consulate to see what you can do?

[panamania79 2]

Did they give the rationale for the denial?

It's because he did something stupid 15 years ago.We paid a lawyer to get his record expunged,yet it showed up anyway and he was denied.But they told him his case wasn't closed which I find very odd.

Have you tried getting in touch with the consulate to see what you can do?

No.It's impossible to get through to them,they hang up on people.I'm going to go there IN PERSON.

[Nagishkaw 510]

File a waiver and ask for list of what they want from you. The embassy always like to waste people's time. Most time he will get it the second time. If not just go the i-130 route.

That is bad advise. They cannot just do a K-3 when their K-1 is still in the system.

[panamania79 2]

File a waiver and ask for list of what they want from you. The embassy always like to waste people's time. Most time he will get it the second time. If not just go the i-130 route.

That is bad advise. They cannot just do a K-3 when their K-1 is still in the system.

So what do I do then ?

[Zee Bee 61]

File a waiver and ask for list of what they want from you. The embassy always like to waste people's time. Most time he will get it the second time. If not just go the i-130 route.

That is bad advise. They cannot just do a K-3 when their K-1 is still in the system.

So what do I do then ?

You need to figure out what is going on with the consulate. Call the consulate and get the information from them. Only they can tell you what is going on. Did they tell your fiance he can file a waiver? Did they just say it was denied and being returned? Did they give him anything?

If it is just sitting at the consulate and you want to file another petition you need to get this K1 formally withdrawn before you can start another petition. Like Nagi said, you cannot start another petition while the K1 is still active.

Just keep in mind that the reason for the denial may come up even if you decide to file a spousal visa.

[eric_and_teresa 10]

File a waiver and ask for list of what they want from you. The embassy always like to waste people's time. Most time he will get it the second time. If not just go the i-130 route.

That is bad advise. They cannot just do a K-3 when their K-1 is still in the system.

So what do I do then ?

Nagishkaw is right, you can not file another petition if the first one is still in process, for what they told your fiance at the Embassy the K-1 is still active.

The best advice I can give you is to consult with a lawyer IN PERSON, so you can ask him all these questions. It will be money well invested, you don't want to waste any more time or make a mistake for not being well informed on what to do.

I'm sorry you have to deal with this, best thing you can do is get in touch with a lawyer. When cases get this complicated, you can get great ideas and advice from VJ but IMO, better be safe consulting with an immigration lawyer.

[Nagishkaw 510]

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

This is a good read.

[eric_and_teresa 10]

Nagi, but for what I read on her other post, the Consulate especifically asked for a I-601 waiver and for what I understand, it is different than AR (221 g) .

Guide I- 212 and I-601 Waivers

Panamania, as Zee said, first of all you need to know EXACTLY what was it that the Embassy asked for, and what instructons they gave to your fiance. Did they give him any written instructions or any written decision?

Edited April 25, 2008 by eric_and_teresa