I feel like I have just been hit with a ton of bricks :(

[Twisted K 2]

I'm not sure what morocco4ever's take is on this, but normally, marrying does not do you much good. You will still have to overcome the reason that the K1 visa was denied - being married won't fix that.

The original 221g was for engagement ceremony photos, and billing. I am also wondering did they just not accept what we sent them in response. I am planning on a trip soon, maybe February or April. We will have a ceremony if that is what they are looking for, so no problem. We are just wondering should we skip the engagement ceremony, and just have the wedding instead, like at a court house, temple or something like that. I am praying that my senator's office can shed some light on what is going on, and not let it fall through the cracks. I know in my heart that we will be together, it is destiny, just don't know how or when. I am not going to give up, just stubborn like that. However my stubborness makes me concentrate on nothing else. Lol, I even received a phone call from my boss today (I am a telecommuter) wondering why I haven't been reaching my goal all month. Unfortunately she caught me at a bad time, and had to listen to my sobbing. Poor lady didn't know what to say, except for saying that our company offers counseling. Maybe I do need it since it the worrying of the 221g has affected my work.

[catknit 144]

Definitely read up on what everyone is saying about a marriage not necessarily fixing the problem...somewhere is Mark Ellis' article on the snags you can hit with that - I'll find the link and pm it to you.

Also, about marrying in India - have your fiance look into how his local office handles it. Typically [if the office follows the rules] if anyone other than 2 Hindus marry you will fall under the Special Marriage Act. You will need to apply at one of the local offices [MRO or FRRO - I forget which- heck, it may even be both] 30 days prior to the wedding. Supposedly it needs to be both of you in person to do this though I've heard of some people doing the paperwork via mail and having their Indian SO hand it in...I'd be willing to guess it depends on the office, the mood of the officer, etc etc etc. So - you maybe looking at a month in India just to get married.

Let me see if I can get you that article...

[Enlighten one :) 5]

Just in time morocco4ever. Accurate advice. DOS can't give you much info, but sometiems tell you more then you have already.

Do not do anything regarding a wedding until you know the petition has expired or why you were denied. This could complicte things. Do not do anything without legal advice from several lawayers. Even if you have to pay a recommended experienced lawyer a consultation fee.

Call the DOS and ask for the update on the case. The Consulate cannot deny you information about why the case was sent back. DOS will be able to help. All the best.

Actually they can deny you the information. And the DOS probably won't have this information this quickly.

The fact is that they have the right to extend the date if they choose to do so. They may have decided to let it expire, and they might have other reasons for sending it back. Here is the link specific to returned petitions,

http://www.visajourney.com/forums/index.php?showtopic=3896

so if it has been sent back it would be wise to go through this. But here is the case, if they haven't actually sent it back there is a very small chance that they may give you another chance.

You can take the number they gave you (the diplomatic pouch number) and call this number:

Diplomatic Pouch and Mail Division

Pouch and Mail Policy (202) 663-1850

The person that assisted me was Steve Ferrell. He didn't answer the phone so I left a message. He is very good at calling back.

Keep in mind, even though they said that they have already sent it back it is not always the truth. They told us the same thing when in fact it was almost 2 months later.

Contact your representatives and tell them your story. You will need to sign a form giving them permission to discuss your case with them. They can not get the visa approved, nor can they get them to act faster on your case. But when you get them involved it makes the consulate more accountable for their actions, and helps that the case does not fall between the cracks.

If it does get sent back there is a good chance that they will expire the petition. But make sure that it has actually expired before proceeding with another petition. My suggestion is that if they do expire it, and you have written proof from them, then it might be wise to go back and get married.

Anyways I am getting ahead of myself. Just work on keeping it at the consulate and giving you a second chance. Please review your evidence and the questions at the interview. You will need to come up with proof of their suspicions in order to win.

Don't despair. You can win. I have known of at least 3 couples that kept it from going back. I have known of several more that have been denied, fought it in the US and won, I am one of those couples.

[morocco4ever 63]

I'm not sure what morocco4ever's take is on this, but normally, marrying does not do you much good. You will still have to overcome the reason that the K1 visa was denied - being married won't fix that.

Right. There has to be a final decision on the I-129f petition before you can proceed. Otherwise you will risk another returned petition. They can, and often do expire it, but don't assume anything. If you get to the point that the petition is sent back work with your representatives to get information from the USCIS. Once it has expired you are free to marry and petition again. There is a chance that they won't expire it, and would rather review it. I am not expert on this by any means, but Kiyah did this. They notified her that it had expired so she got married. Her husband is now here. But from what I understand they don't always notify you. You representative can get that info. But to be honest this is not a quick process, so planning a wedding now is probably not a good idea.

Just a question. They requested pictures for your engagement party? What kind did you have? I know nothing about India, but I have heard of cases in the MENA that the engagement party resembled a marriage ceremony, so they denied the K-1 based on the idea that they believe that they were already married. Could that be your case? It is a wise idea to really go over everything to determine yourselves what went wrong.

[Twisted K 2]

No, we didn't have an engagement ceremony, so we sent letters and affidavits affirming this. I had never read anything about it being necessary, or we would have done it. If only there was one set of laws that every embassy has to follow. At least in one country. I have read others on here, from India, who have said they never had a ceremony, was not asked about one, and got an approval. All we can do is wait. My senator's office was very nice, and I hope she takes me seriously. We will figure out something. I am prepared to get another Indian visa and fly out. We are going to gather any other proofs we can. We will hold off on the marriage talks until we have closure of something, anything. I just feel like it is a black hole with a bottomless pit that you have to go through. But I guess it is a good thing to see how determined you really are to be with the one you love. I am constantly on here looking at the rays of hope that I see when others get approved. It brightens up my day. People say when you are together, you can look back at this long journey and smile, knowing that you have worked so hard to be together. Really tests your love. Especially when I receive news like this, and want to throw in the towel, but then you look back and see how far you really have come. We were commenting to each other the other day how much more we have fallen in love. Maybe it is true what they say, that "absence makes the heart grow fonder". Aren't we fond of each other yet ??? LOL

[Sandrila 1]

I am so sorry for you to have deal with this news.

I hope GOD will give you the strength and resolution you need on your journey.

Although I cant advise much...the pouch number and getting in touch with your Senator and/or Congressman is critical now. Do it quick!

Others can also give you links or sites to gain more info.

Your local congressman or Senator will want a statement about what you are exactly requesting then you will need to fill out a form to give them permission to act on your behalf..if you cant go in person..call them, fax them, email them...it is faster and convenient and totally legit..

GOOD LUCK and prayers to you

KEEP UP THAT PMA (positive mental attitude)

all good things come in time and to those who wait

Edited December 30, 2008 by sandrila

[augustapplicant 0]

Hi guys,

Can someone tell me when does a petition expire? my fiance's case is pending for a AP clearance nearly 5 months, after the interview, should i worry about it? please advise,

your response would be greatly appriciated.

[emt103c 10]

Definitely read up on what everyone is saying about a marriage not necessarily fixing the problem...somewhere is Mark Ellis' article on the snags you can hit with that - I'll find the link and pm it to you.

Also, about marrying in India - have your fiance look into how his local office handles it. Typically [if the office follows the rules] if anyone other than 2 Hindus marry you will fall under the Special Marriage Act. You will need to apply at one of the local offices [MRO or FRRO - I forget which- heck, it may even be both] 30 days prior to the wedding. Supposedly it needs to be both of you in person to do this though I've heard of some people doing the paperwork via mail and having their Indian SO hand it in...I'd be willing to guess it depends on the office, the mood of the officer, etc etc etc. So - you maybe looking at a month in India just to get married.

Let me see if I can get you that article...

The Ellis article is included in the links from post #9 in this thread.

[morocco4ever 63]

Hi guys,

Can someone tell me when does a petition expire? my fiance's case is pending for a AP clearance nearly 5 months, after the interview, should i worry about it? please advise,

your response would be greatly appriciated.

The consulates have the ability to extend it, so I wouldn't worry about it. Just be patient and call the DOS for updates.

[brnidokiegurl 0]

Dont be fooled the embassy doesnt tell you ANYTHING of the reasons usually, there is a number you can call (steve) to see once the pouch hits but all they can tell you is yes it has and they will forward to calif. Now there is also a number you can call and someone there can look into you case and i was told they could tell you details of the return but they never did for me. Ours came back to calif and even there they are not required to ever get back in touch with you and they will also tell you this on the expired cases. I got my congressperson to try to find out she finally got a email explaining yes it was expired and there would be no further correspondence and we were free to refile. We were never told a reason and we never got another piece of information from them, we married refiled, no problems so far. Here is a copy of what she received and forwarded to me:

---------------------------------------------

Thank you for contacting the Congressional Liaison Team within the California Service Center (CSC). The California Service Center (CSC), Congressional Unit, is committed to providing you and your constituents the best possible customer service

The petition was approved and was forwarded abroad to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to the USCIS with a finding that the beneficiary was not issued the requested K-1 visa. Since the period of validity has now expired the petition will not be revalidated. Therefore, all USCIS action on this petition is concluded since the petition validity period has expired. For I-129F Consulate returns where the petition validity period has already expired, the USCIS may not be issuing any further notification about the case to the Petitioner. In this instance, the petitioner may choose to file a new Form I-129F, Petition for an Alien Fiancé (e), for the beneficiary with fee.

We hope that this information will assist in responding to your constituent. This notice completes the CSC congressional liaison team’s action on your inquiry. If you have further questions or if we may be of any assistance in the future please do not hesitate to contact us. Have a nice day.

----------

So, it looks like you can go ahead and get married and file you I-130 with no need for any letter of denial.

His interview was in April returned June

[maggieNomar 0]

Make sure to contact ALL of your reps and congress people. See who will answer you. Some are more willing to fight than others. Use the energy of the anger to get moving and do what you can. Good luck in fixing your situation.

[maggieNomar 0]

Dont be fooled the embassy doesnt tell you ANYTHING of the reasons usually, there is a number you can call (steve) to see once th We were never told a reason and we never got another piece of information from them, we married refiled, no problems so far. Here is a copy of what she received and forwarded to me:

---------------------------------------------

Thank you for contacting the Congressional Liaison Team within the California Service Center (CSC). The California Service Center (CSC), Congressional Unit, is committed to providing you and your constituents the best possible customer service

In this instance, the petitioner may choose to file a new Form I-129F, Petition for an Alien Fiancé (e), for the beneficiary with fee.

----------

yeah right

[Twisted K 2]

He just got the 212 today. He was reading to me that it says we were unable to establish a genuine relationship, and the petition has now expired. Also that they have sent our petition back to the USCIS. i asked him to scan it in and i will forward to my attorney. i still don't think that this was specific enough for me. we are still praying that they will keep it there. please remember us in your prayers. again, thank you for the encouraging words, and advice. you are all appreciated more than you will ever know.

[Twisted K 2]

sorry, it still says 221g, it said they denied us on December 17, my issue is I contacted them on the 17th, before, and after, and they kept saying that they have received our additional information and that a consular needs to review, to call back the last week fo December

------------------

Documents submitted by you are unable to establish that a credible relationship exists between yourself and petitioner. The fiance visa petition is valid for four months from the date of its approval. Your petition was approved on August 04, 2008 and since then, more than four months have elapsed. Because the consular officer was not convinced with the relationship between yourself and petitioner, the petition has not been revalidated. We have returned the petition to the National Visa Center. Hence forth no further action will be taken by the post in your case.

-----------------

Apparently a year's worth of phone records (calling more than 2 times daily, spending hundreds and hundreds of dollars), pictures of us together, with other people with us, attorney receipts, my itenirary, visa stamps, copies of hotel bills, letters, cards, emails, affidavits were not enough. If we are able to keep the petition there, by the grace of God, I am flying in for the interview. Nonetheless, if it gets sent back, and we have to start from scratch, I will still be there for the interview. I guess the good thing, they gave him back all of our proof so we have it for the next round.

[Enlighten one :) 5]

This is great news to me, since there is an actual relationship that can be proved. I am not sure how you would get a responce using a lawyer. They ususaly make sure thath you have what is required to establish this, sinc ethye do not want to do more work in the end.

I didnt call my husband but 1x every 2-3 days for less then a 15 minute conversation. Our emails where only 1-2 a week.

I did not realize that the embassy would give all that informaiton to the bene.

sorry, it still says 221g, it said they denied us on December 17, my issue is I contacted them on the 17th, before, and after, and they kept saying that they have received our additional information and that a consular needs to review, to call back the last week fo December

------------------

Documents submitted by you are unable to establish that a credible relationship exists between yourself and petitioner. The fiance visa petition is valid for four months from the date of its approval. Your petition was approved on August 04, 2008 and since then, more than four months have elapsed. Because the consular officer was not convinced with the relationship between yourself and petitioner, the petition has not been revalidated. We have returned the petition to the National Visa Center. Hence forth no further action will be taken by the post in your case.

-----------------

Apparently a year's worth of phone records (calling more than 2 times daily, spending hundreds and hundreds of dollars), pictures of us together, with other people with us, attorney receipts, my itenirary, visa stamps, copies of hotel bills, letters, cards, emails, affidavits were not enough. If we are able to keep the petition there, by the grace of God, I am flying in for the interview. Nonetheless, if it gets sent back, and we have to start from scratch, I will still be there for the interview. I guess the good thing, they gave him back all of our proof so we have it for the next round.