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Filed: Citizen (pnd) Country: Morocco
Timeline
Posted

This is not a hard denial, only the USCIS has the authority to deny a visa petition. Returning petitions/applications to the USCIS for further review is a refusal to issue a visa under INA.

The reason(s) for refusing a visa are very case-specific, and this consulate in particular is not usually forth-coming with the actual reasons for the return unless it is a very specific visa ineligibility which they are required by law to provide details of (unless classified information). The consulate in Casa frequently uses the return process to weed out those they "suspect" may not be valid relationships. This is due to the high amount of fraud coming through this particular post, it doesn't mean that everyone who has a file returned is fraudulent.

There are also reasons you should NOT just refile a K1, or just marry and file a spousal petition without having the current returned petition addressed by the USCIS.

If you just refile a new K1 without allowing the USCIS to move the returned K1 through the return process, you run a high risk of this consulate returning the next one as well, asking that the USCIS address their issues with the first one.

If you marry and file a spousal petition, you run the same risk of this consulate holding the spousal petition until their issues with the returned K1 are addressed. More often than not, this is exactly what this consulate does in these scenarios which can cause longer delays than if you just went through the return process.

Also...it is never advisable to withdraw a petition as the consequences can be greater due to what happens to the beneficiary record after a petition withdrawal.

You should wait out the return process, the USCIS will do 1 of two things:

  1. Expire the returned K1 and notify in writing you that you may file again.
  2. Review the returned petition and the consular memo which accompanies the return. If they feel the return was not warranted, they can reaffirm automatically and resend to the consulate along with a recommendation to issue a visa. OR If they feel the return may be warranted, they will send you (the petitioner) an NOIR/NOID giving you a chance to rebut the consular findings. If you successfully rebut the findings, they will reaffirm and send the rebuttal and petition/application back tot he consulate along with a recommendation to issue a visa. Only if you do not successfully rebut the consular findings does the petition become officially denied.

My suggestion to you is to read the link I provided earlier, it contains information of what happens to a returned petition/application, what you can do while you wait for a review, and what you can expect during the review process. Here is the link again:

~ Returns & Refusals...What They Don't Tell You ~

Also, read the other information in my signature, there are links to helpful articles on this subject.

It is unfortunate that many are subjected to the return process, and many of us have valid relationships with no real visa ineligibilities to overcome. The consulate in Morocco is a high fraud post, it is not easy or many but you need to know that there needs to be solid evidence of misrepresentation, fraud, beneficiary crminal record or medical ineligibility for your returned petition/application file to be denied at the USCIS level.

By reading the 221g you posted, there is no specific visa ineligibility listed which tells me that there are only the consular memo notes. This is something you will need to address when an NOIR/NOID has been received and you are hopefully given this information for rebuttal.

(F)~kiyah~(F)

~ Returns & Refusals...What They Don't Tell You ~

DISCLAIMER: I am not an attorney, all information provided is from years of research and personal experiences of those affected by returned visa petitions/applications. If this is happening to you, my personal advice is to research the facts, hire a good immigration lawyer who can demonstrate they specialize in returned/denied visa petitions and applications.

~ Faith, Patience, Perseverance ~

Filed: Citizen (pnd) Country: Morocco
Timeline
Posted
  mourad2009 said:
well here is the thng i think it'll be the problem

i had met with my fiancee on the net on june 10th 2009 & she had flew to me on june30th 2009 she had stayed with me for 1 week & after she had gone we stayed talking to eachother then we had filed for the K-1 process

so can u know

This is a very short courtship from the time you met online up to the time you met in person and decided to file for a K1. I'm certainly not a lawyer, or a consular officer, but this in itself is definitetely a red flag for this consulate and very well could be the reason for the return. There may be other aspects of your case which raised a red flag for them. Hopefully the NOIR/NOID provides specific details for your fiance to rebut when the time comes for your case to be reviewd.

(F)~kiyah~(F)

~ Returns & Refusals...What They Don't Tell You ~

DISCLAIMER: I am not an attorney, all information provided is from years of research and personal experiences of those affected by returned visa petitions/applications. If this is happening to you, my personal advice is to research the facts, hire a good immigration lawyer who can demonstrate they specialize in returned/denied visa petitions and applications.

~ Faith, Patience, Perseverance ~

Filed: AOS (pnd) Country: Morocco
Timeline
Posted
  ~kiyah~ said:
This is a very short courtship from the time you met online up to the time you met in person and decided to file for a K1. I'm certainly not a lawyer, or a consular officer, but this in itself is definitetely a red flag for this consulate and very well could be the reason for the return. There may be other aspects of your case which raised a red flag for them. Hopefully the NOIR/NOID provides specific details for your fiance to rebut when the time comes for your case to be reviewd.

(F)~kiyah~(F)

:yes:

 
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