Returned K-1 Petition finally makes it to USCIS but their response is unclear

[isitasham 1]

Anyone with a returned K-1 petition may be able to help me with this. The USCIS has finally responded to my rebuttal of the denied K-1 petition with a standarized cover letter/form (Rev 2/26/09 General Reject Letter Version B) which starts with "This is initial screening. Your application/petition is being returned to you for following reason(s)" has a list of 22 items to pick/check from.

The item check-marked in my case is No. 2 -- "Please retain the enclosed documents until they are requested by an officer of the Service".

I am not sure what it means -- is my rebuttal being considered or is that they have sent it back to the DOS or something else??

When I called the USCIS the customer rep he was not able to give me any information other than the 9 month old info that my original petition was approved back in Feb. 2009.

Any one seen this before??

Thanks!

[Gary and Alla 3,694]

Anyone with a returned K-1 petition may be able to help me with this. The USCIS has finally responded to my rebuttal of the denied K-1 petition with a standarized cover letter/form (Rev 2/26/09 General Reject Letter Version B) which starts with "This is initial screening. Your application/petition is being returned to you for following reason(s)" has a list of 22 items to pick/check from.

The item check-marked in my case is No. 2 -- "Please retain the enclosed documents until they are requested by an officer of the Service".

I am not sure what it means -- is my rebuttal being considered or is that they have sent it back to the DOS or something else??

When I called the USCIS the customer rep he was not able to give me any information other than the 9 month old info that my original petition was approved back in Feb. 2009.

Any one seen this before??

Thanks!

The letter you mention indicates they returned some documents to you. Did they? what documents? If it is the petition, I wouldn't even bother with anything except starting over. Any sort of appeal, rebuttal, etc., will take longer than re-filing and starting new. You can re-file the K-1 or get married and file for a CR-1. It would be best if you knew the reason why it was rejected by the consulate so you can avoid the same problem next time. Getting married does not make other problems evaporate.

[isitasham 1]

The letter you mention indicates they returned some documents to you. Did they? what documents? If it is the petition, I wouldn't even bother with anything except starting over. Any sort of appeal, rebuttal, etc., will take longer than re-filing and starting new. You can re-file the K-1 or get married and file for a CR-1. It would be best if you knew the reason why it was rejected by the consulate so you can avoid the same problem next time. Getting married does not make other problems evaporate.

Thanks for the response.

Essentially, what they have returned is my re-buttal letter with some kind of an ID No. written on it, along with a copy of the Consulates's denial letter, and the envelope that I had mailed my rebuttal in to the USCIS. Its not my original petition.

[Twisted K 2]

yeah, unfortunately they always advise not to send anything unless they ask for it. but at least you tried. i got the notice that our case was back in the usa on feb 4, 2009. we filed the cr1 on june 30 (noa1 date). and in july, we got the letter that our i129f for the k1 visa was expired and we were free to refile. has your i129f officially expired? if you are with CSC, then chances are they will not do anything further with it, although you could be taking a big chance. if you get married, the k1 is void anyhow. so if you can prove with enough evidence of backing yourself up, then you probably can get married and file the cr1. it can be risky. i was told not to withdraw the prior petition. uscis will make a decision if you thoroughly reference it in your next petition. this is just from my own experience. someone else might have a different experience/take on the situation. it could be a long process. my now husband's interview was november 12, 2008, and here it is over a year later, and we are STILL working on getting him here. good luck in whatever you decide it could be a long road, but if you believe your relationship is worth it, you can endure anything.

Edited December 1, 2009 by Twisted K

[isitasham 1]

yeah, unfortunately they always advise not to send anything unless they ask for it. but at least you tried. i got the notice that our case was back in the usa on feb 4, 2009. we filed the cr1 on june 30 (noa1 date). and in july, we got the letter that our i129f for the k1 visa was expired and we were free to refile. has your i129f officially expired? if you are with CSC, then chances are they will not do anything further with it, although you could be taking a big chance. if you get married, the k1 is void anyhow. so if you can prove with enough evidence of backing yourself up, then you probably can get married and file the cr1. it can be risky. i was told not to withdraw the prior petition. uscis will make a decision if you thoroughly reference it in your next petition. this is just from my own experience. someone else might have a different experience/take on the situation. it could be a long process. my now husband's interview was november 12, 2008, and here it is over a year later, and we are STILL working on getting him here. good luck in whatever you decide it could be a long road, but if you believe your relationship is worth it, you can endure anything.

Thanks for the response. Yes, my K-1 petition has officially expired (that was one of the reasons the CO gave to send it back to USCIS) and yes I am with the California Service center. My only option is to re-file for a K-1 as I just returned from India without getting married. Question is whether I wait and see if USCIS actually re-affirms my petition ......... their communication is so vague that one doesn't know what to make of it. If I knew for sure what their decision is then I could take the next step............. they leave you hanging in between. Do you know if I refile for the K-1, does my existing process still continue?

[Twisted K 2]

sorry, i do not know the answer for refiling another k1. i would suggest an immigration attorney. marc ellis is experienced, but i am sure there are other experienced as well. if/when you look for an attorney, make sure they show you documented proof of their success. i cannot reiterate that enough.

[JimVaPhuong 4,863]

yeah, unfortunately they always advise not to send anything unless they ask for it. but at least you tried. i got the notice that our case was back in the usa on feb 4, 2009. we filed the cr1 on june 30 (noa1 date). and in july, we got the letter that our i129f for the k1 visa was expired and we were free to refile. has your i129f officially expired? if you are with CSC, then chances are they will not do anything further with it, although you could be taking a big chance. if you get married, the k1 is void anyhow. so if you can prove with enough evidence of backing yourself up, then you probably can get married and file the cr1. it can be risky. i was told not to withdraw the prior petition. uscis will make a decision if you thoroughly reference it in your next petition. this is just from my own experience. someone else might have a different experience/take on the situation. it could be a long process. my now husband's interview was november 12, 2008, and here it is over a year later, and we are STILL working on getting him here. good luck in whatever you decide it could be a long road, but if you believe your relationship is worth it, you can endure anything.

Thanks for the response. Yes, my K-1 petition has officially expired (that was one of the reasons the CO gave to send it back to USCIS) and yes I am with the California Service center. My only option is to re-file for a K-1 as I just returned from India without getting married. Question is whether I wait and see if USCIS actually re-affirms my petition ......... their communication is so vague that one doesn't know what to make of it. If I knew for sure what their decision is then I could take the next step............. they leave you hanging in between. Do you know if I refile for the K-1, does my existing process still continue?

Just guessing, but it sounds like they rejected your rebuttal because they didn't ask for any rebuttal yet. Did they send you a notice of intent to deny or revoke? If not, they may not have decided what (if anything) they're going to do with your returned petition, and don't want your rebuttal unless they decide to deny or revoke the petition. If they ultimately decide to reaffirm (not so common with CSC), or they decide to discard the petition because it's expired, then your rebuttal would have been pointless.

[isitasham 1]

Just guessing, but it sounds like they rejected your rebuttal because they didn't ask for any rebuttal yet. Did they send you a notice of intent to deny or revoke? If not, they may not have decided what (if anything) they're going to do with your returned petition, and don't want your rebuttal unless they decide to deny or revoke the petition. If they ultimately decide to reaffirm (not so common with CSC), or they decide to discard the petition because it's expired, then your rebuttal would have been pointless.

No, I haven't received a notice of intent to deny or revoke yet from USCIS.......... I had sent in my rebuttal right after the CO had denied our K-1. Do you know how long it takes before USCIS sends the notice of intent to deny? The other thing I am unsure about is whether to send in the additional evidence (regarding our relationship) that I have now gathered since my rebuttal. I was in India recently with my fiancee and we spent significant time together with lots of pictures etc. Any suggestions?

Thanks.

[Twisted K 2]

NOID/NOIR is not guaranteed for K1s, just an FYI.

[isitasham 1]

NOID/NOIR is not guaranteed for K1s, just an FYI.

Thanks! I didn't know that. I think I am going to re-file for a K-1 as that is the only option left for me now.

[JimVaPhuong 4,863]

Just guessing, but it sounds like they rejected your rebuttal because they didn't ask for any rebuttal yet. Did they send you a notice of intent to deny or revoke? If not, they may not have decided what (if anything) they're going to do with your returned petition, and don't want your rebuttal unless they decide to deny or revoke the petition. If they ultimately decide to reaffirm (not so common with CSC), or they decide to discard the petition because it's expired, then your rebuttal would have been pointless.

No, I haven't received a notice of intent to deny or revoke yet from USCIS.......... I had sent in my rebuttal right after the CO had denied our K-1. Do you know how long it takes before USCIS sends the notice of intent to deny? The other thing I am unsure about is whether to send in the additional evidence (regarding our relationship) that I have now gathered since my rebuttal. I was in India recently with my fiancee and we spent significant time together with lots of pictures etc. Any suggestions?

Thanks.

Ok, there seems to be some confusion about the process here.

USCIS is not a court or arbiter between you and the consulate. They are two different departments of the US government. Neither has authority over the other. The consulate can't force USCIS to approve or deny a petition, and USCIS can't force the consulate to approve or deny a visa application. They can only make recommendations to each other, but each department retains it's own jurisdiction.

When you send a rebuttal to USCIS, you are not arguing against a decision by the consulate - you are arguing against a decision by USCIS. At this point, the only decision USCIS has made was the initial approval of your petition. By sending the petition back to USCIS, the consulate is asking them to change their minds on the initial approval, and to now revoke that approval. Until USCIS makes a decision on this, there is nothing for you to rebut. It can take USCIS anywhere from a couple of months to a couple of years to make a decision. There is no set timeframe.

If USCIS ultimately decides that they disagree with the consulate, and reaffirms the petition, then you wouldn't want to rebut that decision. They could also decide not to waste any brain cycles on the case, and just let the petition die by not extending the approval period. In that event, you could attempt to get the case revived and force them to make a decision on it, but it would be faster to just file another petition, and safer as well since there's no chance of a dead petition being revoked. The only time you really want to rebut a decision is if that decision is against you; i.e., they agree with the consulate and decide to revoke the petition approval.

CSC has been known (according to attorneys) not to send out notices of intent to revoke unless you ask them to. When they do, they often only allow 30 days for a response. Keep checking the status of your case, and make it clear that you want to be notified of any decision. Save your rebuttal and additional evidence until you receive notice that they intend to revoke the petition approval.

Edited December 2, 2009 by JimVaPhuong

[NigeriaorBust 4,087]

CSC will sit on the petition and then send you a letter that it has expired. That is all they ever do with K1's that I have seen. You can wait for that letter and refile , or you can refile now. Make sure you address whatever caused the consulate to deny the visa or you are going to end up going down the same path again.

Good luck

[isitasham 1]

Thank you all for the input and insight. Its very helpful. I think based on the feed back it does make sense for me to refile for K-1.

It seems I could be waiting for a long time to hear back from USCIS and the chances that they will reaffirm my petition are also pretty slim.

So given that I refile for the K-1 (thats my only option as I just returned from India and cannot go back to get married for another 6 months atleast), What all should I keep in mind besides the following:

1. I do intend to Front-load the petition with all the details starting with my original petition up to the current status (i.e. waiting to hear from USCIS). I want to address all issues, including thoughts, perceptions, cultural issues etc. to dispell any doubts in the minds of CO's -- they do go by stereotypes and often do not slways understand the cultural complexities in a county like India. Any concerns if I do that?

2. I have additional evidence - lots of pictures to address the initial deficiencies of my petition.

3. Should I try to explain (be proactive) as to why I didn't get married during my recent trip to India -- fact that I was still waiting for the final decision from USCIS and didn't want to rush into marriage in this trip? or not address it?

3. Should I include my response (rebuttal to the denial) with the petition? -- Its pretty pointed (against the consulate as I have let out my frustration to some extent but its all facts)?

4. I am still waiting for the response to my FOIA where I have asked for the details - exact reasons from the dept. of State/consulate's refusal to my K-1 petition. Should I include that as well?

5. Anything else you can think of that I should address - I really want to make it as fool-proof as possible.

Everyone -- Thanks a lot for all the help you have provided.

[isitasham 1]

I am looking for suggestions or comments please:

Given that I refile for the K-1 (thats my only option as I just returned from India and cannot go back to get married for another 6 months atleast), What all should I keep in mind besides the following:

1. I do intend to Front-load the petition with all the details starting with my original petition up to the current status (i.e. waiting to hear from USCIS). I want to address all issues, including thoughts, perceptions, cultural issues etc. to dispell any doubts in the minds of CO's -- they do go by stereotypes and often do not slways understand the cultural complexities in a county like India. Any concerns if I do that?

2. I have additional evidence - lots of pictures to address the initial deficiencies of my petition.

3. Should I try to explain (be proactive) as to why I didn't get married during my recent trip to India -- fact that I was still waiting for the final decision from USCIS and didn't want to rush into marriage in this trip? or not address it?

3. Should I include my response (rebuttal to the denial) with the petition? -- Its pretty pointed (against the consulate as I have let out my frustration to some extent but its all facts)?

4. I am still waiting for the response to my FOIA where I have asked for the details - exact reasons from the dept. of State/consulate's refusal to my K-1 petition. Should I include that as well?

5. Anything else you can think of that I should address - I really want to make it as fool-proof as possible.

Thanks!

[NigeriaorBust 4,087]

Don't forget to mention the waiver that comes into place because you are filing a second petition in less than 5 years. Yes it is the same person but it is still a second petition , so don't leave any path to denial open. Either a strong statement about how you shouldn't need one for the same person or simply comply with the waiver.