Anybody else have petition recommended for revocation?

[DanniandMary 1]

My husband was denied a visa at his interview at Algiers Embassy Tuesday. Embassy sent petition back to USCIS recommending it be revoked. Has this happened to anybody else? Is there hope? I have sent embassy emails and called to leave messages. No response. I called and emailed my senator. They said nothing they can do. They said application will go back to USCIS and go to bottom of pile. When they get to it again after several months they will probably side with the embassy and deny the application. What then? Can I start all over? Maybe I should try 129 since we used 130 this time? I heard there is a 1 year waiting period after USCIS cancels appliction is that true? If so we are possibley looking at several years before its even possible to be together again. I just can't believe this has happened to us. We are very much in love and this is not a fraud marriage by no means. Any help from people in similar situations will be greatly appreciated!! We desperately need hope! Thanks!

My husband was denied a visa at his interview at Algiers Embassy Tuesday. Embassy sent petition back to USCIS recommending it be revoked. Has this happened to anybody else? Is there hope? I have sent embassy emails and called to leave messages. No response. I called and emailed my senator. They said nothing they can do. They said application will go back to USCIS and go to bottom of pile. When they get to it again after several months they will probably side with the embassy and deny the application. What then? Can I start all over? Maybe I should try 129 since we used 130 this time? I heard there is a 1 year waiting period after USCIS cancels appliction is that true? If so we are possibley looking at several years before its even possible to be together again. I just can't believe this has happened to us. We are very much in love and this is not a fraud marriage by no means. Any help from people in similar situations will be greatly appreciated!! We desperately need hope! Thanks!

Sorry if this posted again in same place. I meant to post it in a different forum.

[HeatDeath 430]

I'm sorry to hear that. I'm afraid I don't know exactly what your appeal options are. It would probably be a really good idea to talk to an immigration attorney though. They'll need to see exactly what the rejection paperwork your husband got from the embassy was. That info may also help the people here who are more experienced with CR-1s give you some more concrete advice as well.

The one thing I do know is that trying again won't work unless you can do something specific to answer whatever problems the embassy had with your husband. I don't know if that means more visits, or him getting to know you better, or him learning English better. I simply don't know. But something convinced the CO that your marriage wasn't legitimate, and you will need to resolve that specific problem before another attempt will work.

You do have some options for appeal, I think, but an immigration attorney would probably be a really, really good idea going forward. "Normal" cases do not normally need an attorney, but with a formal denial under your belt, your case is no longer "normal".

The other thing I know for SURE is that trying again with an I-129F will not work. I-129s are only for people who aren't married. If you are married, that I-129 will be denied out-of-hand at USCIS for simple inapplicability, and will never even make it to the embassy. Don't waste the $455. Use it for a consult with an attorney. I think you need one at this point.

Edited December 17, 2009 by HeatDeath

[DanniandMary 1]

I'm sorry to hear that. I'm afraid I don't know exactly what your appeal options are. It would probably be a really good idea to talk to an immigration attorney though. They'll need to see exactly what the rejection paperwork your husband got from the embassy was. That info may also help the people here who are more experienced with CR-1s give you some more concrete advice as well.

The one thing I do know is that trying again won't work unless you can do something specific to answer whatever problems the embassy had with your husband. I don't know if that means more visits, or him getting to know you better, or him learning English better. I simply don't know. But something convinced the CO that your marriage wasn't legitimate, and you will need to resolve that specific problem before another attempt will work.

You do have some options for appeal, I think, but an immigration attorney would probably be a really, really good idea going forward. "Normal" cases do not normally need an attorney, but with a formal denial under your belt, your case is no longer "normal".

The other thing I know for SURE is that trying again with an I-129F will not work. I-129s are only for people who aren't married. If you are married, that I-129 will be denied out-of-hand at USCIS for simple inapplicability, and will never even make it to the embassy. Don't waste the $455. Use it for a consult with an attorney. I think you need one at this point.

Thank you, yes I might need to look into an attorney.

[Brian and Dona 0]

My husband was denied a visa at his interview at Algiers Embassy Tuesday. Embassy sent petition back to USCIS recommending it be revoked. Has this happened to anybody else? Is there hope? I have sent embassy emails and called to leave messages. No response. I called and emailed my senator. They said nothing they can do. They said application will go back to USCIS and go to bottom of pile. When they get to it again after several months they will probably side with the embassy and deny the application. What then? Can I start all over? Maybe I should try 129 since we used 130 this time? I heard there is a 1 year waiting period after USCIS cancels appliction is that true? If so we are possibley looking at several years before its even possible to be together again. I just can't believe this has happened to us. We are very much in love and this is not a fraud marriage by no means. Any help from people in similar situations will be greatly appreciated!! We desperately need hope! Thanks!

My husband was denied a visa at his interview at Algiers Embassy Tuesday. Embassy sent petition back to USCIS recommending it be revoked. Has this happened to anybody else? Is there hope? I have sent embassy emails and called to leave messages. No response. I called and emailed my senator. They said nothing they can do. They said application will go back to USCIS and go to bottom of pile. When they get to it again after several months they will probably side with the embassy and deny the application. What then? Can I start all over? Maybe I should try 129 since we used 130 this time? I heard there is a 1 year waiting period after USCIS cancels appliction is that true? If so we are possibley looking at several years before its even possible to be together again. I just can't believe this has happened to us. We are very much in love and this is not a fraud marriage by no means. Any help from people in similar situations will be greatly appreciated!! We desperately need hope! Thanks!

Sorry if this posted again in same place. I meant to post it in a different forum.

This has happened to me. My case was sent back to USCIS after my wife was denied at the Embassy. Unfortantely, it was a two yr wait, but on advise from my lawyer, they told me to refile. But they finally got to my old case because I filed the new case, and after getting a notice of intent to deny notice, I sent them all of my evidence, they reaffirmed the case and now at the NVC processing. I would suggest seeking advise from lawyer, and possibly refile after 90 days, this will force them to review your other case

[Dakine 26]

Call your other senator or congressman. They SHOULD be able to find out what's happening.

Did in our case.

[DanniandMary 1]

Call your other senator or congressman. They SHOULD be able to find out what's happening.

Did in our case.

Thank you all! I think it's time for a lawyer!!!!!!!!!!!!!

[Old Dominion 26]

Of course it depends on the reason for recommending revocation. There is no way to appeal the consulate's decision to send it back. If you do nothing at all, right now, you can wait up to 18 months before USCIS contacts you and asks if you want to submit new evidence. That's what happened to me in a prior K-1. Soon we ended our engagement anyway....all works out for the best, I guess.

It will take a couple of weeks, at least, before the file is back at the National Visa Center in the U.S., and thence in a few weeks to USCIS.

I'm sure that with the right intervention, it doesn't need to take 18 months.

[DanniandMary 1]

Of course it depends on the reason for recommending revocation. There is no way to appeal the consulate's decision to send it back. If you do nothing at all, right now, you can wait up to 18 months before USCIS contacts you and asks if you want to submit new evidence. That's what happened to me in a prior K-1. Soon we ended our engagement anyway....all works out for the best, I guess.

It will take a couple of weeks, at least, before the file is back at the National Visa Center in the U.S., and thence in a few weeks to USCIS.

I'm sure that with the right intervention, it doesn't need to take 18 months.

I am so sorry to hear about your prior application. That is aweful. I am hoping there is a very good reason for it and not just suspicion. Did you ever find out the reason for your denial??

[Darnell 8,478]

Smells like an outright denial, no appeal at the embassy at this time.

I strongly suggest you refile an I-130 immediately. Front load the petition. Here's what I did on front-loading:

http://www.visajourney.com/forums/index.ph...p;#entry3324240

You can do something similar.

I wouldn't wait on anything to 'come back ' at all, on this current petition.

There's no 'rule' to wait one year, either.

You can file a new petition by yourself, no problems, IF you can be diligent, and are detail oriented. It's not so much 'how you fill out the form' as it is 'what you include for supplementary stuff' , on initial filing.

GOOD LUCK !

[DanniandMary 1]

Smells like an outright denial, no appeal at the embassy at this time.

I strongly suggest you refile an I-130 immediately. Front load the petition. Here's what I did on front-loading:

http://www.visajourney.com/forums/index.ph...p;#entry3324240

You can do something similar.

I wouldn't wait on anything to 'come back ' at all, on this current petition.

There's no 'rule' to wait one year, either.

You can file a new petition by yourself, no problems, IF you can be diligent, and are detail oriented. It's not so much 'how you fill out the form' as it is 'what you include for supplementary stuff' , on initial filing.

GOOD LUCK !

Thank you so much!!! I will definately file a new case.

[justashooter 430]

Thank you so much!!! I will definately file a new case.

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