Returned K-1 petition NOT re-affirmed by California SC

[isitasham 1]

After a grueling wait, California Service Center refuses to re-affirm the returned K-1 petition. The four-month validity of the I-129F (a legal loop-hole) is what the Delhi Consulate uses to deny the fiancée visa petitions. To add to that, California Service Center lacks the back-bone to challenge the CO’s decision and the saga goes on………….

Just wanted to put this information out there for those who may be under the false impression that returned K-1 petitions to California SC could actually be re-affirmed…………. not in my case……..I think the general consensus on VJ.com was also similar but I was hoping against hopes.

Now that I have vented my frustration, I need your help/input as I am re-filing for the K-1. I apologize for re-posting this (posed earlier on “US Embassy and Consulate Discussion forum”), but I am looking for any suggestions or comments please to make this fool-proof the second time around. 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 (K-1 denied by USCIS). I want to address all issues, including thoughts, perceptions, cultural issues etc. to dispel any doubts in the minds of CO's -- they do go by stereotypes and often do not always 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 so that is a definite plus.

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 should I 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. Waiver since I am filing for a K-1 second time around (even though my petition is denied) – just to be on the safe side.

6. Should I request in my petition that my case be assigned to someone else other than the CO who had it the first time around – a long shot but if I was the chief CO, I would want someone else to look at it?

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

Thanks in advance

[Rohini 0]

When filling a petition I doubt that they will put much thought into whether or not you are married and why not (but it probably wouldn't hurt), and updated photos would be a definate plus.

New Delhi is the slowest embassy in India and is unfair in the way it deals with those seeking visas, I think the U.S. should do something about that. You would be making your contribution to moving toward that change by submitting your rebuttal, I wish everyone would.

Good luck, & best wishes.

[Darnell 8,478]

CSC and VSC have been re-affirming petitions this year, a lot.

I'm sorry yours wasn't one of those.

IMO, refile the K-1 again. If 2 years have lapsed, well, get back over there, as there is a 2 year 'visit' requirement.

[isitasham 1]

Rohini & Darnell,

Thanks for your help. I want to include the reason for not getting married because I had the opportunity to that during my recent visit (after my K-1) was sent back by Delhi CO. It was suggested by many at VJ that I wait for the final decision from from USCIS before getting married or refiling. So now that has happened.........and I am free to re-file a K-1.

I should be ok regarding the two-year visit requirement as I was in India just a couple weeks ago.

The other thing I am looking for is feed back to item 3 in my post (should I include the re-buttal). Any thoughts there?

Thanks!

[NigeriaorBust 4,087]

Just for the record I don't think California has re affirmed any K1 that I remember. They constantly fall to the petition being expired. They will reexamine the CR/IR ones. That being said , you can refile. In fact you don't even have to wait until they kill the first to reapply accord to Mr Ellis. You need to address the fact that you are refiling a second petition just so they can't use that as a rejection reason. You should front load this, the basic thing is they have to find something not covered in the petition to reject it. Don't get too nasty about the consulate they will be reading it, however you should cover whatever they had issues with and anything you can think of that they might use to reject a second petition including why you didn't marry.

[isitasham 1]

NigeriaorBust,

Thanks a lot! I didn't think so either that CSC had re-affirmed any K-1 petitions (at least didn't see any on this site)...........I know Vermont has (k.loveh had her's re-affirmed not too long ago).

Marc Ellis suggested the same to me - to address anything and everything you can think of that CO might think of............... the reasoning being like you mention, not give CO any chance to come up with something to deny or delay your petition. That's what happened in my case. They basically, sat on my file for 4 months from the time all issues in 221g were addressed and submitted to them........ and then once the petition expired, they used that as the reason for denial (its a legal loop-hole they use to their advantage).

The other thing I am wondering is does it help to be there (as a petitioner) with your fiancee for the interview, and do they (CO) allow that?

Thanks!

[saaheb 0]

I heard Mumbai consulate does allow you to get inside the building. They may or may not interview you,but I do hope it creates positive

impression in favor of your fiancee. Not sure about Delhi embassy if they let you in. I got similar terse letter of denial saying 'expiration of validity'

period. However I did not wait for the letter.Once I knew the petition was sent back for revocation, I went back and got married and now going CR1

route. Hope everything works out well in your case. I would say, do give it a thought about going back, getting married and filing a new petition vs

waiting for them to reaffirm the old one. Good luck.

[Twisted K 2]

new delhi will let you inside the building with your fiance/spouse. good luck

[isitasham 1]

Saaheb and Twisted K,

Thanks for the feed back. Good luck to you both for your/fiance's upcoming interviews...........hope all works out for you both.

USCIS has already denied so there is no waiting anymore on that regard............ I am just waiting on a few documents from my fiancee and then would be refiling for K-1. Couldn't get married during this recent trip (even thought I considered it) as I hadn't heard the final decision from USCIS and also there was this 30 day rule for marriage registeration............. any way now my only option is to file K-1 because I can't take off from work as I just returned from India.

The one thing I am struggling with is how much detail to include about my denied petition.......... the whole 221g submission my rebuttal etc.

Any thoughts on that?

Thanks!!

[Twisted K 2]

when we sent off our cr1, we front-loaded with over 11 pounds of evidence. with a full disclosure of our k1 denial. my philosophy is do not hide anything, especially because we are already in the system, and it is only a matter of looking up the documents most likely on a computer. good luck on your refile.

[sara..... 371]

we have thought a lot about this out come on ours.......... as ours is no longer valid after the 25th of this month and we fully expect it to be sent back and that same excuse used on ours..........

I think that you should front load all the first evidence and the evidence that you have since the first one was sent........include the denial......try to address what put it into AP if there was a reason given......as someone else said they dont care why u didnt marry..........just try to put in it anything that came up at the interview that seemed to be a sticking point......make sure that you have pics of you and her and family.......you can request a different person to conduct the interview but i am not sure it will do u any good.....

DELHI sucks

sara