Department of state

[serce24 0]

hi all

me again...

well, we got some answers, not good though.

as you guys know our K1 was rejected. we now got an explanation from the service centre california (after writing them an email)

quote:----

The petition was approved March 11, 2005 and was referred to the National Visa Center (NVC) for processing. They referred it to the Consulate for interview. The petition was referred back to California Service Center by the Dept. of State when they did not issue a Visa. The purpose of the referral back to USCIS is to close our records. The petition has been processed by USCIS.

----

i figure we go rejected due to the fact that we had to cancel the first K1visa last year.

can this be the only reason ? ok, i guess it can be.

but

has anyone ever contacted the dept of state. has anyone gotten rejected before as well and applied again?

what experience did you make? what reasons where given?

we do wanna apply again, we re not giving up. question is, is it gonna work this time?

and!!!!!!!! the immigration lawyer takes 600 bucks for his services (sending the application out etc.)

does it make sense to take a lawyer? what can he do that we cant?

thank you guys for listening to all this and for any information

[sarah and hicham 3]

I'm so sorry to hear this. Try to find out why this happened. GOod luck.

[Ladylethal 12]

I didn't understand much of what you're saying. You got denied at the interview?

[kitkat1 5]

as you guys know our K1 was rejected. we now got an explanation from the service centre california (after writing them an email)

quote:----

The petition was approved March 11, 2005 and was referred to the National Visa Center (NVC) for processing. They referred it to the Consulate for interview. The petition was referred back to California Service Center by the Dept. of State when they did not issue a Visa. The purpose of the referral back to USCIS is to close our records. The petition has been processed by USCIS.

----

i figure we go rejected due to the fact that we had to cancel the first K1visa last year.

and!!!!!!!! the immigration lawyer takes 600 bucks for his services (sending the application out etc.)

does it make sense to take a lawyer? what can he do that we cant?

thank you guys for listening to all this and for any information

Your post doesn't make a lot of sense. Can you clarify and maybe we can help.

1) Did you cancel your K1 visa last year? Or maybe you cancelled the petition?

2) Was your fiance denied at the consulate interview for some reason i.e. overstay of a previous visa or illegal presence in the US?

You don't need a lawyer to send out the paperwork but given your confusing situation, it would be smart to have one to guide you.

[pnd629 0]

Are you sure your e-mail refers to the new petition you mailed this year? It seems like the e-mail you got is about the petition you cancelled from 2005.

[aussiewench 9]

Here is serce24 original thread from a little while back that says things a little clearer, prior to the denial at embassy.

http://www.visajourney.com/forums/index.php?showtopic=11243&hl=

serce24 ...I agree with kitkat....get a competent immigration lawyer to help you through things.

Good luck to you

Lorelle

[serce24 0]

i know that was confusing =) now imagine how confused i was.!!!

but i jsut found out that we got denied as they basically closed the case beacuase the dates ran out.

long story...basically it wast our mistake

and now we got told we jsut have to apply again and everything is gonna go smooth from then on

their word in gods hand...hope hope hope!!!!!

god this is sooooooooooooooooooooooooooooooooooooooooo nervrecking

when this is over and we finally celebrate our wedding i will invite u all

[April123 0]

I'm sorry to hear that.

My suggestion is FIRE the lawyer. If he could not get your petition approved, he's not a good lawyer.

Most of the people here on VisaJourney did not use a lawyer and the petition process is pretty much common sense. It's just tedious with a lot of paper work that has to be done.

You should consider calling Dept of State and ask for a reason as to why you were rejected.

If worst comes to worst, you could marry your fiancee and bring him/her here on a K-2 or K-3 visa.

[Jaci 0]

hi all

me again...

well, we got some answers, not good though.

as you guys know our K1 was rejected. we now got an explanation from the service centre california (after writing them an email)

quote:----

The petition was approved March 11, 2005 and was referred to the National Visa Center (NVC) for processing. They referred it to the Consulate for interview. The petition was referred back to California Service Center by the Dept. of State when they did not issue a Visa. The purpose of the referral back to USCIS is to close our records. The petition has been processed by USCIS.

----

i figure we go rejected due to the fact that we had to cancel the first K1visa last year.

can this be the only reason ? ok, i guess it can be.

Hi Cerce

Look at the information you have there. This is talking about your first petition, approved in March 2005.

I think this is the first clue to what is going on here.

has anyone ever contacted the dept of state. has anyone gotten rejected before as well and applied again?

what experience did you make? what reasons where given?

Yes, I have. We discussed issues that shed no light on your situation, except to say this... The Consular officers can be a confused and sometimes quite unfriendly bunch. I believe it's possible they have no idea that you filed a new petition, and if you told them, maybe they don't believe you, or don't care. They are under no more obligation to gaurantee the information they give you is accurate than the misinformation line, and may not have more accurate info themselves, IMHO. If your congressperson started a congressional inquiry to the State Department and they don't have your 2nd brand new shiny approved petition, they will tell you your last petition expired, no visa was issued, and the petition was returned, because that's what they do with them. That doesn't necessarily mean there is a problem with your new one, just that your old one has expired.

we do wanna apply again, we re not giving up. question is, is it gonna work this time?

and!!!!!!!! the immigration lawyer takes 600 bucks for his services (sending the application out etc.)

does it make sense to take a lawyer? what can he do that we cant?

thank you guys for listening to all this and for any information

Well, you did file again already, right? So... it's not completely unheard of for people never to get an NOA1,

even though the petition is being processed. Can you confirm that payment was accepted by USCIS? Can the attorney? Also, since you did use a lawyer, it's possible that HE/SHE received the NOA1 and didn't tell you about it, or even lost it. Maybe the Lawyer got it and didn't think you'd know what it was or give a hoot about it. Now is definitely the time to ask him or her, I think.

Another thing I notice is that it's possible your 2nd petition is now under some sort of administrative hold, just like many many people's K-1 petitions which are now clogged up behind the new IMBRA law, which no one (DOS,USCIS, or attorneys) seems to know how to handle yet. According to USCIS they will make a new form and mail it to everyone to complete, probably with some supporting documents. Hopefully very soon. I don't think anyone with trouble from IMBRA holdups has been given any kind of time frame, since the USCIS itself doesn't have one, but we're all hoping it will be cleared up soon, much sooner than a new, 3rd petition from you would be approved.

Take a deep breath, all is not lost, and you may not need to file another petition after all. Do talk to your atty about all this, as I am certainly not one, and could be completely or partially wrong, and you paid and should be helped professionally concerning your second petition, since that is presumably the attorney's job.

Wishing you well,

Jaci

Edited June 1, 2006 by Jaci

[ppboo 0]

Please try to check again on your First K1 application.. in the Appointment Letter for Interview, they did mention that

"If you CANNOT KEEP THE APPOINTMENT, please notify the office at once"

Some way in the letter (Packet 4):

IMPORTANT NOTICE:

Section 203)e) of the Immigration and Nationality Act requires that an intending immigrant [pursue his or her visa application within one year from the date he or she is informed that it is possible to do so. This is our notice to you that it is now possible for you to pursue your application for a visa. If you fail to do so within ONE year from the date of the attached letter, your application and any visa petition approved for you will be cancelled.

Would it be posible that your first K1 application is still valid in the system.. and all you need to do is just schedule for a new interview appoitment with the Embbasy.. just refer to your first K1 case #?

It might be an option to just try that out... check with the local embassy... hope this help...

Edited June 1, 2006 by ppboo

[Jaci 0]

Please try to check again on your First K1 application.. in the Appointment Letter for Interview, they did mention that

"If you CANNOT KEEP THE APPOINTMENT, please notify the office at once"

Some way in the letter (Packet 4):

IMPORTANT NOTICE:

Section 203)e) of the Immigration and Nationality Act requires that an intending immigrant [pursue his or her visa application within one year from the date he or she is informed that it is possible to do so. This is our notice to you that it is now possible for you to pursue your application for a visa. If you fail to do so within ONE year from the date of the attached letter, your application and any visa petition approved for you will be cancelled.

Would it be posible that your first K1 application is still valid in the system.. and all you need to do is just schedule for a new interview appoitment with the Embbasy.. just refer to your first K1 case #?

It might be an option to just try that out... check with the local embassy... hope this help...

203e ... wow.. where did you get that? How resourceful and scary all at the same time. (...any visa petition approved for you will be cancelled)

I don't think the first petition can be of any use now since it's expired AND returned, but perhaps the second one can, if it hasn't really been cancelled. The embassy can't do anything unless they have an approved petition on hand. I think it's a good point you raise about the K1 case number, there should be 2 now, right?

I hope for the attorney's sake the second one WAS actually filed or there will be some really ticked off clients. If I was one of them I'd want to see some evidence to show that it really was. Hard to say if there might be more to the situation (interviews?)

Edited June 1, 2006 by Jaci

[ppboo 0]

203(e) act is listed in the Appointment Letter...

I think no harm rying to just ccontact the embassy to check with them about the fist case and ask for their advice what serce24 can do now...