How long does appealing take? should i refile i-130 instead?

[andy777 0]

hi guy,

my wife failed her interview and get a white slip. Anyone know how long does it take to appeal? thanks

[hieumin 2]

hOPE THIS LINK WILL HELP YOU

http://vietditru.com/dt/viewtopic.php?p=32902#32902

in vietnamese

[Dave_Thao 0]

Our case was sent back Dec '06 and in May '07 CSC told my Congressional Liasson that they will not review the case because it had expired and I may file a new one. We finally received the pink slip in May'08. I don't know what Vermont does with returned cases but CSC appears to let them expire without any review or chances to appeal.

[RalphandHanh 1]

hi guy,

my wife failed her interview and get a white slip. Anyone know how long does it take to appeal? thanks

I have my senator involved with my case that was returned as well. It can take up to one year (in Vermont) for them to review your case. They may ask for additional information/evidence and you may or may not have a chance to appeal. They just told my senators office to check back in 6 months for an update as to where I stand.

I would definitely contact your senator and have them get involved if you choose to stick with it. I'm going back for 3 weeks to set up a job and I'm going to live and work there for a year starting in July. We will also get married at that time. Live and working there for a year and getting married... in my situation... is the best bet.

[andy777 0]

hi guy,

my wife failed her interview and get a white slip. Anyone know how long does it take to appeal? thanks

I have my senator involved with my case that was returned as well. It can take up to one year (in Vermont) for them to review your case. They may ask for additional information/evidence and you may or may not have a chance to appeal. They just told my senators office to check back in 6 months for an update as to where I stand.

I would definitely contact your senator and have them get involved if you choose to stick with it. I'm going back for 3 weeks to set up a job and I'm going to live and work there for a year starting in July. We will also get married at that time. Live and working there for a year and getting married... in my situation... is the best bet.

Hi RalphandHanh

So did u even refile a new i-130 or u just wait once u live in vn? I talked to one lawyer and she said i need to appeal. if i dont appeal then we admit to the consulate that we were doing a fraud marriage. I also went to a different lawyer and this one said i should just refile cuz appeal can take up to two years. Both lawyer gave me different answer. confuze right now on what to do.

[andy777 0]

Our case was sent back Dec '06 and in May '07 CSC told my Congressional Liasson that they will not review the case because it had expired and I may file a new one. We finally received the pink slip in May'08. I don't know what Vermont does with returned cases but CSC appears to let them expire without any review or chances to appeal.

hi Dave_thao

so u refile i-130 again but this time with more evidence? did u do anything different on your second time? Do i need to wait for USCIS to give me the reject letter then refile or can i refile right now? thanks

[Kevin and 10]

hi guy,

my wife failed her interview and get a white slip. Anyone know how long does it take to appeal? thanks

First off your wife didn't fail, it was both of you. Both of you did not prepare enough for the interview and/or did not submit enough evidence with the petition. The CO most likely had his/her mind made up before the interview.

It could take years for the USCIS to process the returned petition. Returned cases are just not on their priority list. Our case was sent back in Aug 07 and we still have not heard from the Service center.

Because your petition is a I130 for a CR1/IR1 it will not expire , so be prepared to respond to the USCIS.

[Dave_Thao 0]

Our case was sent back Dec '06 and in May '07 CSC told my Congressional Liasson that they will not review the case because it had expired and I may file a new one. We finally received the pink slip in May'08. I don't know what Vermont does with returned cases but CSC appears to let them expire without any review or chances to appeal.

hi Dave_thao

so u refile i-130 again but this time with more evidence? did u do anything different on your second time? Do i need to wait for USCIS to give me the reject letter then refile or can i refile right now? thanks

I refiled for K1 visa. I hired ME to help me with the appeal at CSC. When the appeal never happened, I used the package of evidence ME created and incorporated it in the new K1 petition. I included every piece of evidence i had along with ME's breakdown of all of our phone messages before and after the denial. Showing how the consulate was wrong in saying there was no evidence of communication. The second petition was a rebuttal to for the first one.

I was told by ME that we should have the returned petition resolved before starting a new one to avoid any problems might have HCMC when the second petition arrives there. All I had for evidence that our returned petition was resolved was an email sent by CSC to my congressional liasson that the case had expired and would not be reviewed. They said I may file a new one. I put a copy of that email in the front of the petition.

Some people wait for a chance to rebut the HCMC consulate or receive a letter from USCIS stating that it has expired and some file again right away. I don't know the correct way to do it. I just followed what my lawyer told me and asked my congressional liasson to contact CSC to get our case resolved. That took about 6 months.

When we got our pink slip, it took 3 weeks to get the visa because the old case had to be cleared with the Dept. of State before they could issue the visa.

[hniHnitsuJ 8]

I just hated when see someone got white slip, and have to go through all this. This is SU#K. Andy, sorry to hear your wife got white slip.

[steveee 0]

Hello, if you guys denied and the CO told your wife that they send back your petition to USCIS for revocation you need to send an appeal after 10 days to NVCInquiry@state.gov try this sample letter that i made for my appeal last time, mine the NVC replied after 18 days and they sent back again the petition to US Cosulate abroad and have my 2nd interview and i got approved! good luck!!!

Good Afternoon,

Your inquiry has been received at the National Visa Center (NVC). The

NVC has completed its processing of the visa petition you mentioned in

your letter and has forwarded the petition to the assigned US

Embassy/Consulate General for further processing.

Any further inquiries should be directed to the assigned US Embassy or

Consulate General.

As the file is no longer at the NVC, please notify the assigned US

Embassy or Consulate General of your change of mailing address and email

address (if applicable).

As the consular officer abroad is the only person who can approve or

refuse a visa, any requests for review of a visa denial should be

directed to the U.S. Embassy or Consulate General listed below.

Regards,

OH2

National Visa Center

Written Inquiry Unit

SI International, Support Contractor

NVCInquiry@state.gov

This email is Sensitive but Unclassified based on the definitions

provided in 12 FAM 540.

Any information in this transmission pertaining to the issuance or

refusal of visas or permits to enter the United States shall be

considered confidential under Section 222(j) of the Immigration and

Nationality Act (INA) [8 US C. Section 1202]. Access to and use of such

information must be solely for the formulation, amendment,

administration, or enforcement of the immigration, nationality, and

other laws of the United States under INA 222(j) and as specified in FAM

guidance. If you have received such information in error, do not review,

retransmit, disclose, disseminate, use, or take any action in reliance

upon this information, and contact the sender as soon as possible.

________________________________

From: xxxxxxxx [mailto:xxxxxxx@yahoo.com]

Sent: Friday, October 17, 2008 11:23 PM

To: NVC Inquiry

Subject: "Case number" (Attn: Supervisor)

Case Number: XXXXXXXXXX

Petitioner: name and birth date

Beneficiary: name and birth date

Phone: phone

Reference: appeal for K-3 visa refused (attention supervisor)

Dear sir/madam,

Explain your case...

Sincerely yours,

Petitioner's name,

Address

Phone

Email add

[RalphandHanh 1]

hi guy,

my wife failed her interview and get a white slip. Anyone know how long does it take to appeal? thanks

I have my senator involved with my case that was returned as well. It can take up to one year (in Vermont) for them to review your case. They may ask for additional information/evidence and you may or may not have a chance to appeal. They just told my senators office to check back in 6 months for an update as to where I stand.

I would definitely contact your senator and have them get involved if you choose to stick with it. I'm going back for 3 weeks to set up a job and I'm going to live and work there for a year starting in July. We will also get married at that time. Live and working there for a year and getting married... in my situation... is the best bet.

Hi RalphandHanh

So did u even refile a new i-130 or u just wait once u live in vn? I talked to one lawyer and she said i need to appeal. if i dont appeal then we admit to the consulate that we were doing a fraud marriage. I also went to a different lawyer and this one said i should just refile cuz appeal can take up to two years. Both lawyer gave me different answer. confuze right now on what to do.

I'm waiting to see what my senator can do for us. I also talked to a lawyer and he said they will either send a letter asking for Request for Evidence or an Intent to Deny from the Immigration Service. In either case, it will specify the issues they have concern with. He also said working there for a year and getting married would be good. Since I'm unemployed here now and I have two interviews when I get there, I might as well do it. My recommendation would be to get married there and refile.

As for some of the other statements here, we had a TON of evidence. Well over 300 pages of email and another 400 pages of chat... phone records (that she only looked at the first page), photos, cards, letters etc. It came down to the CO just being a b*tch. She (the CO) requested evidence at her interview. When Hanh went back a few weeks later, the CO had a white paper waiting for her. She didn't take more than 3 minutes looking at the evidence and RETURNED it with all of our other documents. I have a letter prepared that I'm sending to Vermont and to Washington D.C. But I don't expect it to make a difference. So... I'm heading over to be with her. I can't take being with out her any longer. And even with refilling after we are married will be to long to wait. I want it to be a shore thing and I think that living there for a year is the only way for me. While I'm there I will meet with ME and work with him. All we can do is pray.

[luckytxn 2,264]

hi guy,

my wife failed her interview and get a white slip. Anyone know how long does it take to appeal? thanks

I have my senator involved with my case that was returned as well. It can take up to one year (in Vermont) for them to review your case. They may ask for additional information/evidence and you may or may not have a chance to appeal. They just told my senators office to check back in 6 months for an update as to where I stand.

I would definitely contact your senator and have them get involved if you choose to stick with it. I'm going back for 3 weeks to set up a job and I'm going to live and work there for a year starting in July. We will also get married at that time. Live and working there for a year and getting married... in my situation... is the best bet.

Hi RalphandHanh

So did u even refile a new i-130 or u just wait once u live in vn? I talked to one lawyer and she said i need to appeal. if i dont appeal then we admit to the consulate that we were doing a fraud marriage. I also went to a different lawyer and this one said i should just refile cuz appeal can take up to two years. Both lawyer gave me different answer. confuze right now on what to do.

I'm waiting to see what my senator can do for us. I also talked to a lawyer and he said they will either send a letter asking for Request for Evidence or an Intent to Deny from the Immigration Service. In either case, it will specify the issues they have concern with. He also said working there for a year and getting married would be good. Since I'm unemployed here now and I have two interviews when I get there, I might as well do it. My recommendation would be to get married there and refile.

As for some of the other statements here, we had a TON of evidence. Well over 300 pages of email and another 400 pages of chat... phone records (that she only looked at the first page), photos, cards, letters etc. It came down to the CO just being a b*tch. She (the CO) requested evidence at her interview. When Hanh went back a few weeks later, the CO had a white paper waiting for her. She didn't take more than 3 minutes looking at the evidence and RETURNED it with all of our other documents. I have a letter prepared that I'm sending to Vermont and to Washington D.C. But I don't expect it to make a difference. So... I'm heading over to be with her. I can't take being with out her any longer. And even with refilling after we are married will be to long to wait. I want it to be a shore thing and I think that living there for a year is the only way for me. While I'm there I will meet with ME and work with him. All we can do is pray.

Just curious. You never mentioned I think why they denied. Was it that they said you had not enough correspondence.

[Raeka 0]

I guess he just wanna know if they can file an appeal. This is a double post.In the other post he made, we were asking the same thing. What exactly happened why his wife got denied but he never answered.

Andy77, I think people here can help you better if you will tell what exactly happened so they can give you more specific answers and also it'll be a big help for others who are going to have their interview in the future to avoid this from happening to us.

hi guy,

my wife failed her interview and get a white slip. Anyone know how long does it take to appeal? thanks

I have my senator involved with my case that was returned as well. It can take up to one year (in Vermont) for them to review your case. They may ask for additional information/evidence and you may or may not have a chance to appeal. They just told my senators office to check back in 6 months for an update as to where I stand.

I would definitely contact your senator and have them get involved if you choose to stick with it. I'm going back for 3 weeks to set up a job and I'm going to live and work there for a year starting in July. We will also get married at that time. Live and working there for a year and getting married... in my situation... is the best bet.

Hi RalphandHanh

So did u even refile a new i-130 or u just wait once u live in vn? I talked to one lawyer and she said i need to appeal. if i dont appeal then we admit to the consulate that we were doing a fraud marriage. I also went to a different lawyer and this one said i should just refile cuz appeal can take up to two years. Both lawyer gave me different answer. confuze right now on what to do.

I'm waiting to see what my senator can do for us. I also talked to a lawyer and he said they will either send a letter asking for Request for Evidence or an Intent to Deny from the Immigration Service. In either case, it will specify the issues they have concern with. He also said working there for a year and getting married would be good. Since I'm unemployed here now and I have two interviews when I get there, I might as well do it. My recommendation would be to get married there and refile.

As for some of the other statements here, we had a TON of evidence. Well over 300 pages of email and another 400 pages of chat... phone records (that she only looked at the first page), photos, cards, letters etc. It came down to the CO just being a b*tch. She (the CO) requested evidence at her interview. When Hanh went back a few weeks later, the CO had a white paper waiting for her. She didn't take more than 3 minutes looking at the evidence and RETURNED it with all of our other documents. I have a letter prepared that I'm sending to Vermont and to Washington D.C. But I don't expect it to make a difference. So... I'm heading over to be with her. I can't take being with out her any longer. And even with refilling after we are married will be to long to wait. I want it to be a shore thing and I think that living there for a year is the only way for me. While I'm there I will meet with ME and work with him. All we can do is pray.

Just curious. You never mentioned I think why they denied. Was it that they said you had not enough correspondence.

[RalphandHanh 1]

Just curious. You never mentioned I think why they denied. Was it that they said you had not enough correspondence.

We were denied because: I asked her to marry me on skype. We spend a significant amount of time together online and we were planning a party to introduce me to her friends and family. I told her we might as well have an engagement party. The CO said that we our phone calls were not longer than 5 minutes. But she only looked at the first page of phone records. Hanh couldn't tell them about my home town. So they expected to tell them in detail about a place she has never been. And she couldn't tell them the name of the computer tech school that I attend. After I she got the white paper I sent a letter explaining everything as well as all the phone/text message records that I had. Didn't matter.