Info needed for those with returned petitions...

[Twisted K 2]

Ok, so yesterday, after returning from India, my attorney calls to say he has received a letter from USCIS

[sara..... 371]

Ok, so yesterday, after returning from India, my attorney calls to say he has received a letter from USCIS

what did the letter say?

[Twisted K 2]

Ok, so yesterday, after returning from India, my attorney calls to say he has received a letter from USCIS

Sorry, this got posted before I finished typing....

Ok, so yesterday, after returning from India, my attorney calls to say he has received a letter from USCIS that they have our petition (I already knew they did before I left, but that is another story). He asked if I got married on this trip. I told him no, but I plan on going back in September and will marry then. He then stated if I waited, he probably couldn't get here until the middle to end of next year. He then suggested that I withdraw this petition and start over with a new K1. I do not want to run the risk of another denial. Although we did not have an engagement ceremony, I do now have pictures with his family, and our rings, along with every single receipt of proof of this trip. We took over 200 photos of us together, and our trip outside of Delhi. Now, I believe withdrawing my petition would raise flags. I just want to know what the best scenario would be. We had originally decided we are waiting until we here from California that they have expired our case. I wanted a CR1 so it would not expire. I just don't want to waste money and time trying to hurry with a new K1 when they may just deny a second time. And if they do deny a second time, what other option would I have? Doesn't that run the risk of then applying for a waiver? Would a waiver be needed if we apply for K1, and it got denied, so we applied for CR1? I wish I had psychic powers to see what the best scenario would be.

[Enlighten one :) 5]

Welcome home Kaushalia.

Have you consulted with any other lawyers? I can't give you any advice, but do advice you cunsulted with other lawyers who mgiht have experience in your situation. Get a couple of opinions. See if they match.

You are in my thoughts and prayers!

Ok, so yesterday, after returning from India, my attorney calls to say he has received a letter from USCIS

Sorry, this got posted before I finished typing....

Ok, so yesterday, after returning from India, my attorney calls to say he has received a letter from USCIS that they have our petition (I already knew they did before I left, but that is another story). He asked if I got married on this trip. I told him no, but I plan on going back in September and will marry then. He then stated if I waited, he probably couldn't get here until the middle to end of next year. He then suggested that I withdraw this petition and start over with a new K1. I do not want to run the risk of another denial. Although we did not have an engagement ceremony, I do now have pictures with his family, and our rings, along with every single receipt of proof of this trip. We took over 200 photos of us together, and our trip outside of Delhi. Now, I believe withdrawing my petition would raise flags. I just want to know what the best scenario would be. We had originally decided we are waiting until we here from California that they have expired our case. I wanted a CR1 so it would not expire. I just don't want to waste money and time trying to hurry with a new K1 when they may just deny a second time. And if they do deny a second time, what other option would I have? Doesn't that run the risk of then applying for a waiver? Would a waiver be needed if we apply for K1, and it got denied, so we applied for CR1? I wish I had psychic powers to see what the best scenario would be.

[Twisted K 2]

Welcome home Kaushalia.

Have you consulted with any other lawyers? I can't give you any advice, but do advice you cunsulted with other lawyers who mgiht have experience in your situation. Get a couple of opinions. See if they match.

You are in my thoughts and prayers!

Ok, so yesterday, after returning from India, my attorney calls to say he has received a letter from USCIS

Sorry, this got posted before I finished typing....

Ok, so yesterday, after returning from India, my attorney calls to say he has received a letter from USCIS that they have our petition (I already knew they did before I left, but that is another story). He asked if I got married on this trip. I told him no, but I plan on going back in September and will marry then. He then stated if I waited, he probably couldn't get here until the middle to end of next year. He then suggested that I withdraw this petition and start over with a new K1. I do not want to run the risk of another denial. Although we did not have an engagement ceremony, I do now have pictures with his family, and our rings, along with every single receipt of proof of this trip. We took over 200 photos of us together, and our trip outside of Delhi. Now, I believe withdrawing my petition would raise flags. I just want to know what the best scenario would be. We had originally decided we are waiting until we here from California that they have expired our case. I wanted a CR1 so it would not expire. I just don't want to waste money and time trying to hurry with a new K1 when they may just deny a second time. And if they do deny a second time, what other option would I have? Doesn't that run the risk of then applying for a waiver? Would a waiver be needed if we apply for K1, and it got denied, so we applied for CR1? I wish I had psychic powers to see what the best scenario would be.

Thanks Mrs. J, I really appreciate your prayers. Again, congrats on your good news!!! I am very happy for you

[emt103c 10]

I think you are right to feel suspicious of this advice. I agree that it would raise red flags. . .also, trying for a second k1 instead of a marriage one *might* give them the impression that you are not willing to get married, in case the petition fails.

I would consult with other attorneys. . .didn't this attorney give weird advice before??

Plus, I remember you saying that you guys would like to go ahead and get married, right? Don't let USCIS or the consulate change your plans. . . .make sure you continue to pursue showing the truth of the original petition, right up until they confirm it's expiration. Make sure they never rule it a fraud. . .you know that that can still hurt your 130 even after marriage.

[Twisted K 2]

I think you are right to feel suspicious of this advice. I agree that it would raise red flags. . .also, trying for a second k1 instead of a marriage one *might* give them the impression that you are not willing to get married, in case the petition fails.

I would consult with other attorneys. . .didn't this attorney give weird advice before??

Plus, I remember you saying that you guys would like to go ahead and get married, right? Don't let USCIS or the consulate change your plans. . . .make sure you continue to pursue showing the truth of the original petition, right up until they confirm it's expiration. Make sure they never rule it a fraud. . .you know that that can still hurt your 130 even after marriage.

Thanks emt, I can always depend on your sound advice. I think my attorney is just money hungry, and is just thinking of ways to get me back in his office, and therefore paying more money. my fiance and i decided we were not giving him another dime until he was here with me in the USA, if we decide to retain him for adjusting status, which is also highly unlikely. I still think that the marriage is the safest next step. I am back in the queue with my Senators to contact California. the last thing we need is fraud in our record. i am ready with my new evidence if they give us a chance to revalidate our case. he made 2 copies of everything while i was there. one for him, and one for myself, plus i have all of the originals here with me also. it just threw me in for a loop when he was saying withdraw and refile. we didn't do anything wrong on the first petition, why would i withdraw it? please, everyone, pray that California sends their intent, and give us another chance. i know some day i will be a mrs. his family is also waiting for me to come back and we will just have our wedding there. i know it has disappointed my family here, but at least we did try to get married in the usa. i am trying to make lemonade with these sour lemons given to us. i am getting myself worked up, time for yoga

[meet 0]

my cousin's wife got denied k1 visa, but after that they got married and did DCF. she got visa without any problems within five months of marriage

[Twisted K 2]

Ok, I finally broke down and contacted Mr. Ellis since that seems to be the consensus with everyone. He said to make a stronger case either re-filing a K1 again, or getting married and applying as a spouse. He confirmed what I had originally thought, and that is to, under no circumstances, withdraw the current petition. I would be more willing to re-file the K1 if we had the engagement ceremony this last time, but since I went with the intentions of eventually getting married in India, once again, no ceremony. He also re-confirmed that there are no current reviews of expired K1s. I am posting this in hopes that someone else could use this information. God save us all. Now we are trying to decide if we want to get married sooner that September, since the whole reason for doing so was to give CSC time to review.

[emt103c 10]

Well, this is good news, he confirms that you can do what you guys wanted to do and go ahead and get married. Do make sure that you have ceremonial pictures (since this is what India expects) and that there are plenty of pictures with family members, and your hubby to be.

If I were you, I would also prepare statements from family members that you can take with you to the interview when you both attend next time. (Both your family and his.)

I think you will have much better luck when you are at the interview with him and they can see you interact.

[Twisted K 2]

One good thing is so far, I have one sister (out of my 4) who really wants to attend our indian wedding. i think this will really, really help us. both of my parents, and all of my sisters, best friend, etc, are all waiting for my go ahead to write the letters. his family and friends are also ready. if it will make the consulate happy, i will even come to the interview wearing the traditional bridal choora.

our plan is to frontload and overload them with so much evidence that they would have wished they gave us our visa sooner. since they added about another 1.5 years to our wait, they gave us a blessing in disguise so we can gather as much information as we can. by the time we get married, we would have dated for 2 years, and by the time he has his cr1 interview, it would be close to 3 years together. if we would have gotten married in 2007, to think, we could have been eligible for the ir1, hence no aos would be needed. oh well.

Well, this is good news, he confirms that you can do what you guys wanted to do and go ahead and get married. Do make sure that you have ceremonial pictures (since this is what India expects) and that there are plenty of pictures with family members, and your hubby to be.

If I were you, I would also prepare statements from family members that you can take with you to the interview when you both attend next time. (Both your family and his.)

I think you will have much better luck when you are at the interview with him and they can see you interact.