Filing for the Second time - So please provide any Help/input

[sachinky 465]

I think that's a good start. Explain everything honestly.

1) Bolster your case and relationship. Get started on EVERYTHING that they want.

2) I would suggest talking to the 14 year old and see if you can get her to understand the situation and how important her cooperation is.

'Cause I think you have two issues -- the children and your relationship to them. And the relationship between you and your fiancee. Work on both. Before you decide to go for CR1 or refile a K1.

[saaheb 0]

In my case, the K1 was not issued and a 221(g) was handed over to her. The consulate returned the case to USCIS despite our submitting all the

documents mentioned in 221(g). Then I made another trip, got married and filed CR1. Almost the same time, the USCIS sends NOD (Notice of

decision) to me about K1, telling the case is concluded since the validation period of 4 months expired.

( ...."The petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa.Since the period of validity has now expired the petition will not be revalidated Therefore in accordance with 8 CFR 214.2(k)(5), all USCIS action on this petition is concluded

as of the date of this notice. However the petitioner may choose to file a new Form 129 F ....." )

There was no reason for denial and the word 'denial' itself is not mentioned anywhere. I was not asked to respond either. I communicated with the

embassy, USCIS and DOS but no one could give any reason why the file was returned or what were the CO's comment on it.

I understand it may raise a red flag when you do not overcome the reason for denial and file a CR1. However, when the K1 case is simply concluded, I see no reason why one should not get married immediately and file CR1.

[isitasham 1]

In my case, the K1 was not issued and a 221(g) was handed over to her. The consulate returned the case to USCIS despite our submitting all the

documents mentioned in 221(g). Then I made another trip, got married and filed CR1. Almost the same time, the USCIS sends NOD (Notice of

decision) to me about K1, telling the case is concluded since the validation period of 4 months expired.

( ...."The petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa.Since the period of validity has now expired the petition will not be revalidated Therefore in accordance with 8 CFR 214.2(k)(5), all USCIS action on this petition is concluded

as of the date of this notice. However the petitioner may choose to file a new Form 129 F ....." )

There was no reason for denial and the word 'denial' itself is not mentioned anywhere. I was not asked to respond either. I communicated with the

embassy, USCIS and DOS but no one could give any reason why the file was returned or what were the CO's comment on it.

I understand it may raise a red flag when you do not overcome the reason for denial and file a CR1. However, when the K1 case is simply concluded, I see no reason why one should not get married immediately and file CR1.

Saaheb,

Thanks for your input. I am in the process of drafting a rebuttal and I was wondering if you waited for the NOD before communicating with the NVC or USCIS or DOS or right after you found that your case was sent back to NVC? How long was it between the time CO returned your case and you got the NOD? Did you hear from the NVC before you did from the DHS? I am asking that because I might wait few weeks before I get married and start the CR-1 process............there is that very slight chance ........not sure. What do you recommend, should I forget the K-1 part just respond to the NOD and pursue the CR-1?

Thanks!

[isitasham 1]

I think that's a good start. Explain everything honestly.

1) Bolster your case and relationship. Get started on EVERYTHING that they want.

2) I would suggest talking to the 14 year old and see if you can get her to understand the situation and how important her cooperation is.

'Cause I think you have two issues -- the children and your relationship to them. And the relationship between you and your fiancee. Work on both. Before you decide to go for CR1 or refile a K1.

Sachinky,

Thanks for your response. The 14 yr old is a tough nut to crack.........really...... her mom has been constantly trying....we were just hoping that the K-1 would go through and then we could talk some sense into her............but we really need her cooperation because this issue is going to come up again. Any suggestions?

[sachinky 465]

Hmm. I was 14 not too long ago. Stubborn as hell. WHY does she not want to go? Does she have a specific reason? Will miss her dad? Where is her father in all of this? Has anyone spoken to him? Maybe HE can convince her? Would then make sense to get him on your side, so to speak. Does she like/dislike you? Maybe you can reach out. Try talking to her. Say hello on the phone, at least. Does she like anything in particular? You're the USC, maybe you can send her a few fun token presents? Some Hannah Montana #######? M&Ms and Seventeen magazines? Or whatever they read these days. Try and get her excited about moving to the U.S. Show her how much fun it'd be. I understand I'm advocating bribery but that may be your best option at this point.

[Twisted K 2]

In my case, the K1 was not issued and a 221(g) was handed over to her. The consulate returned the case to USCIS despite our submitting all the

documents mentioned in 221(g). Then I made another trip, got married and filed CR1. Almost the same time, the USCIS sends NOD (Notice of

decision) to me about K1, telling the case is concluded since the validation period of 4 months expired.

( ...."The petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa.Since the period of validity has now expired the petition will not be revalidated Therefore in accordance with 8 CFR 214.2(k)(5), all USCIS action on this petition is concluded

as of the date of this notice. However the petitioner may choose to file a new Form 129 F ....." )

There was no reason for denial and the word 'denial' itself is not mentioned anywhere. I was not asked to respond either. I communicated with the

embassy, USCIS and DOS but no one could give any reason why the file was returned or what were the CO's comment on it.

I understand it may raise a red flag when you do not overcome the reason for denial and file a CR1. However, when the K1 case is simply concluded, I see no reason why one should not get married immediately and file CR1.

exactly, i would wait until the k1 is completely finished. if you filed with california, and it is expired, chances are they will let it remain expired. it is what happened with us. vermont will sometimes re-validate, which is what has happened to at least 2 other couples on here that i know of. marc ellis will tell you not to withdraw your k1 because it will symbolize guilt. we left ours and just filed the i130 on top of the k1. that way the uscis can do what they want. and no, they will not give you a chance to respond, they only do that on spouse visas (cr1 and k3) as they hold more weight than the k1s. however, if u choose not to wait, once you are married, the k1 is no longer valid, period. one of the main reasons we went the cr1 route instead of trying again for the fiance visa was because the i130 never expires. our i129f expired before they even reviewed our 221g resubmitted documents.

Edited October 26, 2009 by kaushalia

[isitasham 1]

In my case, the K1 was not issued and a 221(g) was handed over to her. The consulate returned the case to USCIS despite our submitting all the

documents mentioned in 221(g). Then I made another trip, got married and filed CR1. Almost the same time, the USCIS sends NOD (Notice of

decision) to me about K1, telling the case is concluded since the validation period of 4 months expired.

( ...."The petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa.Since the period of validity has now expired the petition will not be revalidated Therefore in accordance with 8 CFR 214.2(k)(5), all USCIS action on this petition is concluded

as of the date of this notice. However the petitioner may choose to file a new Form 129 F ....." )

There was no reason for denial and the word 'denial' itself is not mentioned anywhere. I was not asked to respond either. I communicated with the

embassy, USCIS and DOS but no one could give any reason why the file was returned or what were the CO's comment on it.

I understand it may raise a red flag when you do not overcome the reason for denial and file a CR1. However, when the K1 case is simply concluded, I see no reason why one should not get married immediately and file CR1.

exactly, i would wait until the k1 is completely finished. if you filed with california, and it is expired, chances are they will let it remain expired. it is what happened with us. vermont will sometimes re-validate, which is what has happened to at least 2 other couples on here that i know of. marc ellis will tell you not to withdraw your k1 because it will symbolize guilt. we left ours and just filed the i130 on top of the k1. that way the uscis can do what they want. and no, they will not give you a chance to respond, they only do that on spouse visas (cr1 and k3) as they hold more weight than the k1s. however, if u choose not to wait, once you are married, the k1 is no longer valid, period. one of the main reasons we went the cr1 route instead of trying again for the fiance visa was because the i130 never expires. our i129f expired before they even reviewed our 221g resubmitted documents.

Thanks Kaushalia,

I am thinking that for the first 20-25 days I am going to push the k-1 follow-up and see where it goes. Once its time close to returning from india, I will then re-evaluate and go the CR-1 route.

Thanks!

[saaheb 0]

No, I did not wait for NOD before communicating. I tried getting my Congressman involved to hold the petition right there in Mumbai after the 221(g) was

issued. However that did not work out. NVC/USCIS/DOS still have not told me any reason. The Embassy sends the same email everytime to contact the

USCIS and USCIS/DOS ask me to contact the Embassy. I do not think I will ever get the answer. However I feel the official reason might be the 'lack of

evidence' as they usually do in such cases. Hopefully our getting married and filing CR1 this time will overcome their suspicion.

Here is the email I got from CO on 6/3 :

" We are in the process of returning your petition I-129F to the U.S. Citizenship and Immigration Services (USCIS), for review and possible revocation.

If an officer develops information at the interview that was not available to the adjudicating immigration officer at the time of petition approval, the

petition may be returned to t he USCIS for re-examination. "

and the NOD was mailed on 8/17. Since the CO had already decided to send the case back and the Congressman was not able to stop it either, I

simply waited for the letter.As you see there is hardly anything to respond in the letter. In my opinion, re-affirmation of K1 may take same or even longer

time than the whole CR1 process. Kaushalia is right, CR1 does not expire like K1 and carries more weight. So, following the CR1 route would not be a bad

idea. Just remember to respond if you do get any NOID (letter with reason for denial).

And, Good luck ! (We all need it ..! )

[isitasham 1]

No, I did not wait for NOD before communicating. I tried getting my Congressman involved to hold the petition right there in Mumbai after the 221(g) was

issued. However that did not work out. NVC/USCIS/DOS still have not told me any reason. The Embassy sends the same email everytime to contact the

USCIS and USCIS/DOS ask me to contact the Embassy. I do not think I will ever get the answer. However I feel the official reason might be the 'lack of

evidence' as they usually do in such cases. Hopefully our getting married and filing CR1 this time will overcome their suspicion.

Here is the email I got from CO on 6/3 :

" We are in the process of returning your petition I-129F to the U.S. Citizenship and Immigration Services (USCIS), for review and possible revocation.

If an officer develops information at the interview that was not available to the adjudicating immigration officer at the time of petition approval, the

petition may be returned to t he USCIS for re-examination. "

and the NOD was mailed on 8/17. Since the CO had already decided to send the case back and the Congressman was not able to stop it either, I

simply waited for the letter.As you see there is hardly anything to respond in the letter. In my opinion, re-affirmation of K1 may take same or even longer

time than the whole CR1 process. Kaushalia is right, CR1 does not expire like K1 and carries more weight. So, following the CR1 route would not be a bad

idea. Just remember to respond if you do get any NOID (letter with reason for denial).

And, Good luck ! (We all need it ..! )

Saaheb,

Thanks agian for sharing the details! It is interesting, the response my congressman got is essentially the same saying that new informatin was discovered at the time of the interview which made the visa unapprovable......................

However, the respone they sent to my SO says evidence submitted does not establish a credible relationship..........and also that the I-129 petitoin was valid for 4 months.......and has expired.

Hey, good luck to you and thanks again.

[catknit 144]

I think you've received some great advice here!

Marc Ellis also has a blog that tracks different issues/happenings with the service centers and with immigration in general. I think he had written about the short flurry of re-affirmations that came out of VSC in June of this year. That may be a good place to do some research.

With the information you've gotten, you may also think of a game plan going forward - even something as conventional as a checklist of what you feel should be done on this trip coming up. You want to make your next filing as water-tight as possible.