Refiled question

[bryonm4 0]

We were denied a K1 visa in December of 2008 since I have married and filed for a CR1

I refiled on april 28th they recived it on 05/04/09 thats what my NOA1 says anyways. There were some things that were wrong when I filed like my moms date of death and the story how we met was incorrect so I sent in information to correct it on May 25th it was overnighted. I was advised as long as the USCIS has the info when its approved that the consulate cannot deny for that reason.

When I look at my case online it shows both cases my CR1 was last upated the same date as the NOA1 05/04/09 however my denied K1 was updated on 05/26/09 that would have been the same date they recvied the additional info. The info was for my CR1 though not my K1. I had to send it to the k1 address since the CR1 does not have a currior address only a PO Lockbox so nobody to sign for it if you send it fed ex. On the package front I put attention my case number and the PO Box for the I-130's so they knew it was for a CR1 not for my denied K1.

I think what they did is just image it with the K1 because before they approve of the CR1 they have to look at the denied K1. they want to make sure she is still eligable to recive a visa before they can approve of it. Should I be ok as far as them recivieng the info in a timely matter? I think they will be extra hard on my wife at the interview because of the correction but thats about it.

[JimVaPhuong 4,863]

Forgive me if this sounds a little callous, but why would you think the K1 submission address is good enough for a CR1 submission? We're talking about a government office that receives thousands of pieces of new mail every day. I wouldn't be surprised if your information doesn't end up in the infamous USCIS 'black hole". It's not critical that you send documents overnight with signature confirmation. It just provides you some reassurance that somebody actually received your documents.

From what you say about the status dates, it sounds like they put your revised documents with your returned K1.

I don't know what the proper process is for submitting corrections to your CR1 submission. The only thing they seem to have formal provisions for is changing your address. You should have called to find out if you can submit corrections, and what the proper procedure is and where to send them. You probably should have used the address on your NOA1 notice. Failing that, you could have canceled your petition and refiled with correct documents.

Your mother's date of death shouldn't be a big deal, and I doubt your case would be denied at the consulate for that. The story of how you met is important only if your wife gives a different version at the interview.

[toddandhien 2]

If you had to amend the story of how you met after all this time and on your second attempt, I do not think that will be viewed well at USCIS or at the consulate. The "how you met" story is one of the most critical aspects of the HCM interview. The fact that you could not describe it correctly will make them suspicious, in my opinion, and will cause them to scrutinize your wife very thoroughly. PLEASE prepare her well for the upcoming interview.

[bryonm4 0]

My wife's brother and my friend met at a party in las vegas over 10 years ago and have been friends ever since. They are both from different states. Back in March of 2007 they were talking on the phone and my wife's brother decided to mail my friend a picture upon his request then he took it to my house and showed me.

My wife speaks english better than she speaks Vietnamise she is not fluent in either. I hired a legal assistant to help with the paperwork and she was asked how her brother met my friend how the photoes were echanged, the person writing the info down got confused with how her brother and my friend met and how the pictures were exchanged. So they wrote they were friends and met at a party and her brother handed my friend her photo and he took it back to my house.

I was busy going threw the 100+ pages we were sending them I didn't bother to translate everything to my wife I just figured they got everything correct since thats what you pay them for. Later I found they had my moms dob wrong so I had my wife comb threw every inch of the paperwork and she found that they had the info about how I got her picture wrong so we amended a corrected story of how it really happened.

[bryonm4 0]

Sorry I need glasses the K1 was not updated last on 05/26/09 it was updated last on 02/26/09.

I don't see what the big deal is the facts are still the same the picture was given to me by my friend rather or not her brother handed the picture to my friend or mailed it I don't see a big problem with that. Neither me or my wife where there when it happned we have to go off form what we are told.Its not like we have other huge red flags. She does speaks decent english and we are the same age. Neither of us have been married before. I'm working 2 jobs to help support her and her family.