K1 NOID's at California Service Center

[TBoneTX 45,047]

Thanks... and let's hope for the best on all counts.

[ScottThuy 140]

I was actually surprised that there was a response regarding standing so quickly after his filing. looking forward to seeing how he overcomes the damages issue...

[Otto 83]

** Merged topic (post #27 on) - Thanks Marc

[elya 17]

So, CSC had pulled the previous K1 petition file and quoted the consular officer's

reasons for denying the previous K1 visa application. But CSC had done this in the context

of approving a new petition.

Remember, the new petition has a 2010 case number.

The old petition had a 2009 case number. It had already been approved

& had expired. So CSC here was using the 2009 reasons to justify

denying the 2010 petition.

The old 2009 K1 petition and the consular memorandum were not

reviewed UNTIL petitioner filed a new K1 petition for the same

beneficiary. At that point, CSC promptly reviewed them and sent out an

NOID.

This is a better & fairer system for US citizen petitioners than what CSC

& the consulates were doing last year. Some of you might recall, there

was almost a class-action lawsuit against CSC over the issue of

reviewing expired K1's returned by consulates. Consulates were sitting

on re-filed petitions waiting for CSC to review them -- and that was

never happening.

This is not a problem now. There is no danger of a consulate sitting on

the case waiting for CSC to move -- because the consulate does not

have the new case yet. It hasn't even been approved. It hasn't even been

sent to NVC yet.

There is no danger of waiting years for CSC to review an expired K1

petition that has been returned by a consulate -- because that old

petition is dead. It has expired. And the consular reasons for refusing it

have died with it, UNLESS the petitioner files a new K1 petition. At that

point, the consulate's reasons are revived and addressed in the NOID

procedure.

I have a big concern. My I-129F petition was returned by the embassy, and I re-filed a new I-129F without waiting for an expiration notice (I had a pretty good idea as to why it was returned). We are now in background checks, 8 months now without so much as an RFE. I never received an expiration notice or an NOID/NOIR for my first petition and have now learned that, while the embassy and NVC both have a record of sending it, USCIS and the CSC have NO RECORD of receiving it.

1)Is there any way my new petition can get approved by USCIS without them seeing the file?

2)If we get to the interview stage somehow, will we get denied because USCIS never made a determination on the first petition?

I would really appreciate your thoughts!!

[bigdog 376]

Hi. This is a 'head's up' to any petitioners who have filed a second K1 petition

after their loved one's first visa application was refused at the consulate.

I have some news for you. Recently, I saw a K1 NOID from CSC

that was different from what I've seen in the past.

This new case was one where the petitioner had filed a 2009 K1 petition

and the beneficiary was refused at the consular interview. California

sent petitioner a notice of decision that the petition had expired, but

that the petitioner could refile and pay a fee.

So petitioner refiled and paid the fee. Then, before approving the new K1 petition,

CSC sent petitioner an NOID, (Notice of Intent to Deny). And it required a response

within 30 days.

Here is the interesting part, the allegations in the NOID came from the

previous consular interview, not from the new petition filing.

So, CSC had pulled the previous K1 petition file and quoted the consular officer's

reasons for denying the previous K1 visa application. But CSC had done this in the context

of approving a new petition.

Remember, the new petition has a 2010 case number.

The old petition had a 2009 case number. It had already been approved

& had expired. So CSC here was using the 2009 reasons to justify

denying the 2010 petition.

The old 2009 K1 petition and the consular memorandum were not

reviewed UNTIL petitioner filed a new K1 petition for the same

beneficiary. At that point, CSC promptly reviewed them and sent out an

NOID.

This is a better & fairer system for US citizen petitioners than what CSC

& the consulates were doing last year. Some of you might recall, there

was almost a class-action lawsuit against CSC over the issue of

reviewing expired K1's returned by consulates. Consulates were sitting

on re-filed petitions waiting for CSC to review them -- and that was

never happening.

This is not a problem now. There is no danger of a consulate sitting on

the case waiting for CSC to move -- because the consulate does not

have the new case yet. It hasn't even been approved. It hasn't even been

sent to NVC yet.

There is no danger of waiting years for CSC to review an expired K1

petition that has been returned by a consulate -- because that old

petition is dead. It has expired. And the consular reasons for refusing it

have died with it, UNLESS the petitioner files a new K1 petition. At that

point, the consulate's reasons are revived and addressed in the NOID

procedure.

Personally, I think this is a better system all around.

What should you do?

If you're filing a second K1, make sure you respond in advance to

the reasons the consulate refused the first visa application. For

instance, if one of the problems was photographic evidence, include a

lot of photos. If the consulate concludes that one party is still living

with an ex-spouse, include evidence that it ain't so. If you don't know

why it was refused, you need to find out.

The vast majority of the time, I already know why a consulate refused

a case just by interviewing the parties. Even if the consulate doesn't

list them on the OF-194 refusal sheets, I can usually figure it out.

I'm sure a lot of veteran VJ forumites can figure it out too.

Anyway, you should do that as a matter of practice anyway. If you file

an I-130 after a K1 was refused, address the reasons it was refused

when when you file. That may save CSC the necessity of sending you

an NOID (K1's) or an NOIR (CR/IR-1's).

Finally, another reason I like this system is that it removes the old

inadmissibility trap found in 9 FAM 40.63 n8.1 that ruins the futures of

so many couples.

I'll get to that in the next post.

Looks like catch 22, glad we were on top of stuff even though our attorney was not.

[John and Nora 0]

My friend and his fiancee are here and married now. He also had the NOID thing on our second filing. I put in a several page response and to my surprise the petition was approved even with acusations of falsifing paperwork, lying and forging documents..... It just happened that the this Mr. Turner at the The Consular Section U.S. Embassy in Vientiane, Laos was canned and as I understand had been blackmailing and stealing from the applicants by denial of applications and who will ever know what else.

I am wondering if there is any reprisal against this person that caused so much heart break and no doubt cost from refiling paperwork and as everyone knows that isn't a cheap process. Just a thought!!!!

[Ebunoluwa 6,136]

My friend and his fiancee are here and married now. He also had the NOID thing on our second filing. I put in a several page response and to my surprise the petition was approved even with acusations of falsifing paperwork, lying and forging documents..... It just happened that the this Mr. Turner at the The Consular Section U.S. Embassy in Vientiane, Laos was canned and as I understand had been blackmailing and stealing from the applicants by denial of applications and who will ever know what else.

I am wondering if there is any reprisal against this person that caused so much heart break and no doubt cost from refiling paperwork and as everyone knows that isn't a cheap process. Just a thought!!!!

This is highly interesting, can I read more details anywhere ? Thank you for posting this.

[John and Nora 0]

This is highly interesting, can I read more details anywhere ? Thank you for posting this.

You know... If it wasn't for one person here on this forum... ie pushbrk I would have helped a lot more people.... But at this point in my immigration experence I will only answer personal e-mails and not post on this forum... IF you want help..IM me.. Thanks!!! Pushbrk get a life and stop hurting all that need help...

[NigeriaorBust 4,087]

You shouldn't let one fool discourage you from helping others.

[dhlincali 0]

Im a little confused and I need some good advice. My fiance failed her K1 interview at the Phnom Penh embassy on October 19, 2011. They considered our relationship to be a SHAM (absolutely insulting) and the CO commented she didnt believe we had known each other long enough (3 years!). She was informed that the petition is being returned to USCIS for possible revocation/reaffirmation. What happens next? Does my fiance now have a fraud marker applied to her name at the embassy in Cambodia which would darken her chances of a successful second interview? What can I expect from the USCIS? When can I refile IF I can refile? Very frustrating.

[del-2-5-2014 1,339]

Im a little confused and I need some good advice. My fiance failed her K1 interview at the Phnom Penh embassy on October 19, 2011. They considered our relationship to be a SHAM (absolutely insulting) and the CO commented she didnt believe we had known each other long enough (3 years!). She was informed that the petition is being returned to USCIS for possible revocation/reaffirmation. What happens next? Does my fiance now have a fraud marker applied to her name at the embassy in Cambodia which would darken her chances of a successful second interview? What can I expect from the USCIS? When can I refile IF I can refile? Very frustrating.

Do you have any updates?