The second Trial

[Ann 26 1]

Did anyone get successful after re-filing the petition by the same petitioner for the same beneficiary when first petition was sent back for review under 221(g) ?

Mine like others with no reason at ALL was sent for review ( I-129F). The second petition was approved quickly enough and I will have interview soon. I am nervous as I don't want to be accused again. I have everything what one can have as the proof of our marriage, but I really can't understand why the petition's fate like our fate should be based on Con.Off 's mood ?

As the second petition was approved it means that USCIS reviewed my previous returned petition as well. As I recall there is one question which asks petitioner to write any petitions filed previously, accordingly the officers there review it befor e approveing the new petition. So now I don't know what reasons should come to the light and dissatisfy Con.Off again

Please, post your cases if it looks like mine here.

Thanks

[emt103c 10]

Please check out these links on petition revocation.

http://immigrate2us.net/forum/showthread.php?t=32734

Was your original approval revoked? Did you stay on top of the review with USCIS?

[Ann 26 1]

Please check out these links on petition revocation.

http://immigrate2us.net/forum/showthread.php?t=32734

Was your original approval revoked? Did you stay on top of the review with USCIS?

My original petition was not revoked. We got absolutely nothing besides response from USCIS to our FIOA- that they receievd our petition for review and they will contact my husband if they need anything.

After that in 30 days we got new notice about approving I-130.

As far as I know returned K-1 petitions are never reviewd by California Service Center and when it was returned it was expired as well

[emt103c 10]

So were you applying for a k1 as a fiancee or a k3 as a spouse because the timeline isn't clear. . .

If it is expired that is fine, but it needs to be followed up on. . .what they usually request is further proof of relationship. You need to make sure that it expired without incident or that you yourself cancel it so that the 130 can be processed without incident.

I assume that both interviews will be at the same consulate, in this case, you need to make EXTRA certain that you have AMPLE evidence of relationship. People have been known to get the same officer twice and you need to be prepared to make them, for lack of a better term, "eat their words" on the first petition.

[Ann 26 1]

You need to make sure that it expired without incident or that you yourself cancel it so that the 130 can be processed without incident.

What do you mean expired without incident? I had interview in April, they sent it back .. It was in ISCIS in July 3, and it was already expired... I got married after my K-1 was sent back in May. We refiled the new petition in May, so priority date is May 28, new petition was approved in July, by the time they already got my K-1 petition as well.

Now I am waiting for CR-1 visa, no more nonimmigrant visas...

As for the consulate, yes it will be the same. As for the consul, she is here from 2006 , she is the one who truned down me for nonimmgrant B-1 visa as well, hopefully she will be gone.

Generally here , it is not easy to get any type of visa, especially tourist visa. So I will see what's next for me....

[emt103c 10]

I'm not trying to be offensive, I am trying to help.

If your petition was sent back and you did not reply to requests for further evidence and did not follow-up then you do not know what status the USCIS afforded it. If you have a notice saying it expired and they did not accuse you of misrepresentation in the process then that is wonderful. Otherwise please read the articles listed which tell you about the process when a petition gets sent back. You need to CONFIRM that it was not revoked.

This is all unless you are referring to 221(g) for security checks, but in another post in another thread you stated:

We still don"t know why I was denied. Probably Con thought it was fraud ( she denied me for tourist visas as well. 214(B) )

So here is my story.

And I hope that once the marriage is true and genuine soon or later our truth will win and moreover USA will change the law to make US citizens ' lives better without so much torture...

This is all I will say, I will not bother you anymore with information about the horrible system that is the USCIS.

Have a wonderful day.

[Ann 26 1]

I'm not trying to be offensive, I am trying to help.

If your petition was sent back and you did not reply to requests for further evidence and did not follow-up then you do not know what status the USCIS afforded it. If you have a notice saying it expired and they did not accuse you of misrepresentation in the process then that is wonderful. Otherwise please read the articles listed which tell you about the process when a petition gets sent back. You need to CONFIRM that it was not revoked.

This is all unless you are referring to 221(g) for security checks, but in another post in another thread you stated:

We still don"t know why I was denied. Probably Con thought it was fraud ( she denied me for tourist visas as well. 214(B) )

So here is my story.

And I hope that once the marriage is true and genuine soon or later our truth will win and moreover USA will change the law to make US citizens ' lives better without so much torture...

This is all I will say, I will not bother you anymore with information about the horrible system that is the USCIS.

Have a wonderful day.

I am sorry for this misunderstanding. YOU ARE VERY HELPFUL .I am very grateful for that.

I did read all the articles about petitions sent back....We followed all these advices stated in the articles. I mean we filed FIOA, asked senator to request the basis of refusal and we got the same answer all the time. After that we hear nothing about our K-1 petition.

We didn't get any notice of intent to deny\revoke for our K-1 from USCIS. We didn't get anything from them. So it is not revoked yet ( my guess) But it is expired ,as it was valid only for 4 months .

I really don't know how can I prove that my petition was not revoked.Any suggestions?

Thanks for your responsiveness

[emt103c 10]

You do not have to prove that it is revoked or not. . .they will have that information. The only difference is how they will treat your new petition. If they revoked it, it could mean problems and I just feel like it is important for you to know before being caught by surprise at the interview.

If I were you I would call USCIS and just ask the status of that application, you will need the case number. If they say it expired, then that means they didn't bother to revoke it, just let it expire. That is wonderful. . .in that case all you have to do is make sure to have a TON of proof of relationship at the interview.

Is your husband going to be in the country at the time of the interview? It is not required, I'm just curious as to if he is allowed to attend the interview in your country. . . sometimes it helps. . .

[Ann 26 1]

You do not have to prove that it is revoked or not. . .they will have that information. The only difference is how they will treat your new petition. If they revoked it, it could mean problems and I just feel like it is important for you to know before being caught by surprise at the interview.

If I were you I would call USCIS and just ask the status of that application, you will need the case number. If they say it expired, then that means they didn't bother to revoke it, just let it expire. That is wonderful. . .in that case all you have to do is make sure to have a TON of proof of relationship at the interview.

Is your husband going to be in the country at the time of the interview? It is not required, I'm just curious as to if he is allowed to attend the interview in your country. . . sometimes it helps. . .

Thanks very much for this info. I will call them these days, although I track it online it says they recieved the petition and they will notify us when they need something from us, but I will call to make sure that it is not revoked.

My husband won't be at the interview, but when I had my K-1 interview the petitioners were not allowed to attend at the interview, Con. Off asked questions to the beneficiary and he husband was waiting in the hall.

Today we got a letter of appointment. It says absolutely nothing about proof of relationship (no e mails ,no cards, etc) That's another thing for Consuls to remember that NVC didn't ask beneficiary to bring the proof of relationship, but of course I will take everything. I have plenty of "evidence"-tickets, e mails, chat logs, 150 pic.taken different seasons, phone bills, receipts, joint account ,etc. I have everything and hope it will help this time.

I have nothing to do but prey and have faith in God.

I still wonder why Consuls act like that ? If USCIS says Ok, if NVC says OK and I have nothing wrong while making all these security checkings, screening...Oh God it is so so frustrating.

Thanks a lot again

[emt103c 10]

They figure themselves the "last line of defense." It is their choice.

It sounds like you have plenty of evidence. I wish you luck!

[Ann 26 1]

They figure themselves the "last line of defense." It is their choice.

It sounds like you have plenty of evidence. I wish you luck!

Hi,

We got interview instructions today . There is not a word about proof of relationship, but of course I am taking everything with me. When I have my K-1 interview before Co interviewed me ,the assistant asked about the proof of relationship and I submitted everything then.Then I had an interview.

Do you know how it will happen this time ? What I read now Co sometimes asks for the photos and sometimes not....

[desert_fox 32]

You need to find the article written by Ellis Island that is floating around on this web site somewhere. He is an attorney.

He states that petitions that are allowed to expire will do so with prejudice. If the consulate thought you didn't have a valid relationship the first time around and the petition was sent back and allowed to expire.....it will be assumed that it was not a valid relationship if you did nothing to refute this claim or ask that the petition be cancelled.

Do not go to a second interview if there is already a finding that the relationship was invalid due to inaction by the petitioner.

[Ann 26 1]

You need to find the article written by Ellis Island that is floating around on this web site somewhere. He is an attorney.

He states that petitions that are allowed to expire will do so with prejudice. If the consulate thought you didn't have a valid relationship the first time around and the petition was sent back and allowed to expire.....it will be assumed that it was not a valid relationship if you did nothing to refute this claim or ask that the petition be cancelled.

Do not go to a second interview if there is already a finding that the relationship was invalid due to inaction by the petitioner.

I read that article and did all that could be done by that time. Filed FIOA, asked senator to help, etc... Then we got married and filed new petiton but we pointed there that K-1 was returned back for review....So after the second approval we think that USCIS determined our relationship valid.

My husband is going to be with my at the interview as well.

What do you suggest ? Not to go the interview at all?

[desert_fox 32]

You need to find the article written by Ellis Island that is floating around on this web site somewhere. He is an attorney.

He states that petitions that are allowed to expire will do so with prejudice. If the consulate thought you didn't have a valid relationship the first time around and the petition was sent back and allowed to expire.....it will be assumed that it was not a valid relationship if you did nothing to refute this claim or ask that the petition be cancelled.

Do not go to a second interview if there is already a finding that the relationship was invalid due to inaction by the petitioner.

I read that article and did all that could be done by that time. Filed FIOA, asked senator to help, etc... Then we got married and filed new petiton but we pointed there that K-1 was returned back for review....So after the second approval we think that USCIS determined our relationship valid.

My husband is going to be with my at the interview as well.

What do you suggest ? Not to go the interview at all?

I would suggest that you try t find out the disposition of the original petition. Werent you given something at the interview on why they were sending back the petition...a reason???

Did you formally cancel the original petition??

[Ann 26 1]

You need to find the article written by Ellis Island that is floating around on this web site somewhere. He is an attorney.

He states that petitions that are allowed to expire will do so with prejudice. If the consulate thought you didn't have a valid relationship the first time around and the petition was sent back and allowed to expire.....it will be assumed that it was not a valid relationship if you did nothing to refute this claim or ask that the petition be cancelled.

Do not go to a second interview if there is already a finding that the relationship was invalid due to inaction by the petitioner.

I read that article and did all that could be done by that time. Filed FIOA, asked senator to help, etc... Then we got married and filed new petiton but we pointed there that K-1 was returned back for review....So after the second approval we think that USCIS determined our relationship valid.

My husband is going to be with my at the interview as well.

What do you suggest ? Not to go the interview at all?

I would suggest that you try t find out the disposition of the original petition. Werent you given something at the interview on why they were sending back the petition...a reason???

Did you formally cancel the original petition??

Iwas refused under 221(g). it was sent back for review

It was expired by the time it arrived USCIS back. I check the status online , it says pending. I have never heard they review K-1 petitions. They let them expire....