K1 or K3,,,,,does it even matter at this point?

[kalapino 0]

OK,

My fiancee has completed and passed her medical exam twice and completed her interview last week.

the case is being returned to USCIS for "review".

we are not married, but

If I go to Philippines next month and get married, will this help or hurt our petition for K1 ?

I am thinking of calling USCIS and withdrawing our K1 application, getting married and filing a brand new case for K3.

any thoughts?

thanks !

:help:

[ellmvl 1]

I think it will make your case more complicated. I suggest, either wait for the K1 visa to be completed OR get married in the Phils. drop the K1 petition and move on to CR-1 which means you have to start the process all over again.

[thepizzadude 26]

OK,

My fiancee has completed and passed her medical exam twice and completed her interview last week.

the case is being returned to USCIS for "review".

we are not married, but

If I go to Philippines next month and get married, will this help or hurt our petition for K1 ?

I am thinking of calling USCIS and withdrawing our K1 application, getting married and filing a brand new case for K3.

any thoughts?

thanks !

:help:

Do you know WHY they are returning case to USCIS because generally it means they don't believe you about relationship being real or something is really messed up.

Maybe you should find out what exactly is happening because it looks to me like you are getting DENIED.

Going over there and getting married won't change anything if they are not able to believe you now, better you find out exactly what the problem might be. And I wouldn't wait too long because usually when they send back to USCIS it just sits there forevvvvvvvvvvvvver!!!

Good Luck to you

[kalapino 0]

Do you know WHY they are returning case to USCIS because generally it means they don't believe you about relationship being real or something is really messed up.

Maybe you should find out what exactly is happening because it looks to me like you are getting DENIED.

Going over there and getting married won't change anything if they are not able to believe you now, better you find out exactly what the problem might be. And I wouldn't wait too long because usually when they send back to USCIS it just sits there forevvvvvvvvvvvvver!!!

Good Luck to you

Here is what happened;

Last August (2008), while she is preparing for her interview she discovers that a marriage contract was submitted in 2003 without her knowledge or permission and she is legally married. We cancelled the scheduled interview, immediately informed the embassy of the situation, and began the process of pursuing an annulment.

we have spent the last year (and large amount of money) working on the annulment which was finally granted in mid June.

I have kept the embassy informed of everything the entire time with letters, faxes and phone calls, and they waited until the interview to tell us they need to send it back.

breathe,, ,,breathe

I am pretty sure I should just tell the USCIS to throw this application away, and start from scratch.

We can get married next month, and file for K3.

these are my thoughts, anyway,,,,,,

[Mr.&Mrs.A 0]

Question.....Did your fiancee have with her at the interview the annulment "Finality" and the "Annotated Marriage Contract" very important to have these.

Edited July 12, 2009 by Mr.&Mrs.A

[kalapino 0]

Question.....Did your fiancee have with her at the interview the annulment "Finality" and the "Annotated Marriage Contract" very important to have these.

Yes, she had everything.

they were very nice and very polite. They said the paperwork was fine.

But, it needed to be reviewed by USCIS. Thats all they said. And to wait for a letter before rescheduling interview.

[Mr.&Mrs.A 0]

Question.....Did your fiancee have with her at the interview the annulment "Finality" and the "Annotated Marriage Contract" very important to have these.

Yes, she had everything.

they were very nice and very polite. They said the paperwork was fine.

But, it needed to be reviewed by USCIS. Thats all they said. And to wait for a letter before rescheduling interview.

It's strange they want her to go thru another interview process. I'm of the opinion and this is just my opinion that after all you have been through with the K-1 I would just sit tight for awhile see what the Embassy says. It may not be anything real significant that is holding it up.

[kalapino 0]

"It's strange they want her to go thru another interview process. I'm of the opinion and this is just my opinion that after all you have been through with the K-1 I would just sit tight for awhile see what the Embassy says. It may not be anything real significant that is holding it up."

Thank you,

I appreciate your opinion

Edited July 12, 2009 by kalapino

[Chica Yeyé 41]

If you get married --- your wife is NOT eligible for a K-1 fiancee visa. Like the first poster said, you would have to start all voer again and no, it does not change anything.

[gennyangel 3]

Sorry,i was supposed to give advice. Perhaps you should watch and keep an eye on your case.

Edited July 12, 2009 by gennyangel

[Rocky_nBullwinkle 6]

OK,

My fiancee has completed and passed her medical exam twice and completed her interview last week.

the case is being returned to USCIS for "review".

we are not married, but

If I go to Philippines next month and get married, will this help or hurt our petition for K1 ?

I am thinking of calling USCIS and withdrawing our K1 application, getting married and filing a brand new case for K3.

any thoughts?

thanks !

:help:

What happened? Why was the case under review?

[RVIANE♛ 5]

OK,

My fiancee has completed and passed her medical exam twice and completed her interview last week.

the case is being returned to USCIS for "review".

we are not married, but

If I go to Philippines next month and get married, will this help or hurt our petition for K1 ?

I am thinking of calling USCIS and withdrawing our K1 application, getting married and filing a brand new case for K3.

any thoughts?

thanks !

why not file for CR1 instead of K3?

[thepizzadude 26]

Question.....Did your fiancee have with her at the interview the annulment "Finality" and the "Annotated Marriage Contract" very important to have these.

Yes, she had everything.

they were very nice and very polite. They said the paperwork was fine.

But, it needed to be reviewed by USCIS. Thats all they said. And to wait for a letter before rescheduling interview.

It is very unusual to send a case back to USCIS and it ever make it back to the Embassy. If I were you I would contact an immigration attorney quickly, and get "the real story". All the times I have ever read or heard of a case sent back to USCIS it was with not so good outcomes.

Sorry I have no better info, but seriously you need to keep the case at Manila and get lawyer to stop them from sending it back to US.

Good Luck

[Pinay Wife 47]

Yes, she had everything. they were very nice and very polite. They said the paperwork was fine.

But, it needed to be reviewed by USCIS. Thats all they said. And to wait for a letter before rescheduling interview .

That does not sound good. You need a good immigration lawyer. Sending back a petition to the USCIS could mean that a revocation proceeding and a NOID (Notice of Intent to Deny - "wait for a letter") is in the horizon.

You might want to read the article below before you take any further action.

http://www.ilw.com/articles/2006,0323-ellis.shtm

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate. If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)©(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says, “Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.” The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview? Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)©(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.