Received no receipt from USCIS CSC

[Dang Lang Thang 0]

I seek thoughts and comments for the below situation.

I did NOT received any NOA receipt from USCIS CSC when submitted additional evidence.

* I had apply for my 2nd K-1 petition on October 30, 2009

* I traveled to VN to have my formal Dam Hoi engagement ceremony on December 5, 2010.

* I returned state-side and submitted (un-requested) additional evidence on January 15, 2010.

* USCIS CSC issue Notice of Intent to Deny on March 9, 2010. No comment was address about my evidence. Only the failed 1st CO interview was noted as reason for denial.

I just contacted USCIS CSC to review if they received my additional evidence and if that was put into my file. The CSR stated no additional evidence was received so no new evidence in my file. My check with USPS delivery confirmation shows actual deliver to USCIS CSC on January 15, 2010.

What should I do about this mis-handling?

Regards,

-DLT

[luckytxn 2,264]

Wondering why you just didn't wait to apply for the 2nd K1 until after the engagement party knowing how important it is to have one. Then you could have sent in the evidence all together and not tried to submit additional info.

[Dang Lang Thang 0]

Wondering why you just didn't wait to apply for the 2nd K1 until after the engagement party knowing how important it is to have one. Then you could have sent in the evidence all together and not tried to submit additional info.

Hi,

USCIS's policy is that they only need to know that the two have meet within two years (and no adverse background). That is public stated. The relationship scrutiny is administered at the Consulate post.

I thought I would get a head start in the submission pipeline while I was traveling 2 months in VN. Then we can just present evidence at the interview.

As I had share in another post, it is now clear that DOS/USCIS do not follow their policies. (Another example is stating that returned petition will have a chance for rebuttal and appeal but are declared dead on arrival.)

As I admitted, I would re-do with the safest approach possible.

-DLT

[hieumin 2]

it is hard to submit any things after you filed. You either submit evidences when opening the case or present evidences during interview.

[lindal24 1]

I believe I read somewhere that you shouldn't submit additional evidence to USCIS after you've filed your petition unless they send you a notice of request for evidence. I can't remember where I read it, but the reasoning behind it, if I remember correctly, is because they set your file in a "pending additional evidence" room, and when you send something in, along with a copy of the notice, they go to your file in that room and add it. Otherwise, any additional items you send just goes in the trash (in my opinion)...

Don't know if you can do anything at this point except wait to reapply...

[JimVaPhuong 4,863]

I seek thoughts and comments for the below situation.

I did NOT received any NOA receipt from USCIS CSC when submitted additional evidence.

* I had apply for my 2nd K-1 petition on October 30, 2009

* I traveled to VN to have my formal Dam Hoi engagement ceremony on December 5, 2010.

* I returned state-side and submitted (un-requested) additional evidence on January 15, 2010.

* USCIS CSC issue Notice of Intent to Deny on March 9, 2010. No comment was address about my evidence. Only the failed 1st CO interview was noted as reason for denial.

I just contacted USCIS CSC to review if they received my additional evidence and if that was put into my file. The CSR stated no additional evidence was received so no new evidence in my file. My check with USPS delivery confirmation shows actual deliver to USCIS CSC on January 15, 2010.

What should I do about this mis-handling?

Regards,

-DLT

Your evidence probably got tossed. Submit it again, along with everything else you've got, in response to the NOID.

[lindal24 1]

If the case is already being sent back for denial, the OP should also consider putting together a new petition in addition to addressing the denied case, no?

[JimVaPhuong 4,863]

If the case is already being sent back for denial, the OP should also consider putting together a new petition in addition to addressing the denied case, no?

He did that. USCIS sent a NOID for the second petition, citing the CO's denial of the visa and return of the first petition. This is the new tactic that the CSC is apparently using. There's a pinned thread in the K1 forum, started by Marc Ellis, about this.

A third petition would probably be pointless, since the 2nd petition hasn't been adjudicated yet.

Frankly, I'm still a little muddy about this new tactic, and why Marc thinks it's good. I always presumed that it was a good thing to get a letter from CSC telling you that your petition that was returned by the consulate had expired, and that you were now free to file another petition. I thought this pretty much settled the matter of the first petition. Apparently, it no longer does. Now, if you file a second petition then CSC will issue a NOID, citing the CO's rejection of the visa from the first petition. Marc says this is good because it potentially removes the P6 marker from the beneficiary's file. I don't see how it does this. If CSC is using the CO's rejection of the first petition as a basis for sending a NOID on the second petition, it would seem to me that the P6 marker IS in the beneficiary's file. What other basis would they have to deny the second petition?

This is uncharted territory because this is a new tactic by the CSC. It puts the petitioner in the position of trying to salvage his second petition by having to defend the first petition, even though the first petition isn't going to be reaffirmed even if he wins. It's going to be interesting to see how these cases pan out. The only thing I can suggest is to respond to the NOID with a blizzard of evidence.

[lindal24 1]

He received NOID on his second petition (that he filed before he submitted additional evidence)...

His additional evidence that he tried to get in wasn't reviewed (as noted by the OPs statement that the CSR stated that no additional evidence was received) so in essence, his second petition was his 1st petition, just refiled.

IMO, he has three options:

1. Refile the K-1 with ALL of the evidence (along with submitting a rebuttal for the denials)

2. Marry and file a CR-1 petition

3. (And I hope it's not this option) Leave the girl

[JimVaPhuong 4,863]

He received NOID on his second petition (that he filed before he submitted additional evidence)...

His additional evidence that he tried to get in wasn't reviewed (as noted by the OPs statement that the CSR stated that no additional evidence was received) so in essence, his second petition was his 1st petition, just refiled.

IMO, he has three options:

1. Refile the K-1 with ALL of the evidence (along with submitting a rebuttal for the denials)

2. Marry and file a CR-1 petition

3. (And I hope it's not this option) Leave the girl

The second petition isn't being denied for lack of evidence. It's being denied on the basis of the CO's denial of the visa. USCIS is effectively telling him that his fiancee is inadmissible because the CO has accused her of material misrepresentation, and because of this they intend to deny his second petition. His additional evidence wasn't reviewed because it wasn't solicited. At the time he sent it, USCIS hadn't asked him for anything.

They wouldn't accept another K1 petition at this point because the second petition hasn't been adjudicated yet. He could just wait, let them deny it, and try the approach you suggest - submitting yet ANOTHER petition, this time with a rebuttal. The problem is that not responding to the NOID will close the book on the presumption of misrepresentation that came with the original visa denial. The presumption will become fact, and his fiancee could receive a lifetime ban. Marrying her wouldn't make this go away. They would either deny the I-130 petition, or she'll be confronted with the ban at the interview, leaving them in the position of having to try to get a waiver. The only opportunity he has to avoid this is to respond to the NOID.

In my opinion, responding to the NOID with a vigorous rebuttal and a truckload of evidence is the only way to proceed. Any other route is going to lead to trouble.

[ScottThuy 140]

The second petition isn't being denied for lack of evidence. It's being denied on the basis of the CO's denial of the visa. USCIS is effectively telling him that his fiancee is inadmissible because the CO has accused her of material misrepresentation, and because of this they intend to deny his second petition. His additional evidence wasn't reviewed because it wasn't solicited. At the time he sent it, USCIS hadn't asked him for anything.

They wouldn't accept another K1 petition at this point because the second petition hasn't been adjudicated yet. He could just wait, let them deny it, and try the approach you suggest - submitting yet ANOTHER petition, this time with a rebuttal. The problem is that not responding to the NOID will close the book on the presumption of misrepresentation that came with the original visa denial. The presumption will become fact, and his fiancee could receive a lifetime ban. Marrying her wouldn't make this go away. They would either deny the I-130 petition, or she'll be confronted with the ban at the interview, leaving them in the position of having to try to get a waiver. The only opportunity he has to avoid this is to respond to the NOID.

In my opinion, responding to the NOID with a vigorous rebuttal and a truckload of evidence is the only way to proceed. Any other route is going to lead to trouble.

I am with you on this Jim.. there is but one path that can yeild any success... Respond to the NOID and be thorough in the response... if it is not addressed, there will be little or no hope for any future filing. Failing to respond = agreement to the CO decision.

[Dang Lang Thang 0]

Hi,

When I submitted my second petition, I had included my thorough rebuttal, correspondence with Senator's office, more evidence, etc. It seems that those wasn't even reviewed/considered. It looks like CSC went straight to the CO interview decision as case for denial. It feels like CSC is using the NOID tactic as a venue for addressing rebuttal.

I do have the NOID rebuttal being handled by Mr. Ellis and Mr. Nam.

-DLT

[JimVaPhuong 4,863]

Hi,

When I submitted my second petition, I had included my thorough rebuttal, correspondence with Senator's office, more evidence, etc. It seems that those wasn't even reviewed/considered. It looks like CSC went straight to the CO interview decision as case for denial. It feels like CSC is using the NOID tactic as a venue for addressing rebuttal.

I do have the NOID rebuttal being handled by Mr. Ellis and Mr. Nam.

-DLT

To a certain degree, I can understand why USCIS would follow this route. There is no standard policy in place for addressing a potential inadmissibility with the petition. It seems it would pretty much require the issuance of a NOID before the case can proceed to accepting and reviewing a rebuttal. This is similar to the policy that you cannot submit a request for a waiver of inadmissibility until the visa has actually been denied by the CO, even if you know when you submit the petition that the beneficiary will be found inadmissible.

I know that Marc is testing the waters with this new tactic from CSC, and I suspect that including the rebuttal with the petition may have been at his advise. While there is certainly nobody better qualified to be dealing with this than Marc and Mr. Nam, even they have no prior experience with this particular tactic from CSC. But, you currently find yourself in the position of having to respond to a NOID, regardless of the unusual path that got you to this point. There is no reason to believe that the best course of action at this stage is not the same as it has always been - respond vigorously to the NOID. You have good counsel, but be an active client - review everything. It's easy for an attorney to overlook a minor error, and at this point you don't need any mistakes, no matter how trivial.

[BinhJerome 14]

To a certain degree, I can understand why USCIS would follow this route. There is no standard policy in place for addressing a potential inadmissibility with the petition. It seems it would pretty much require the issuance of a NOID before the case can proceed to accepting and reviewing a rebuttal. This is similar to the policy that you cannot submit a request for a waiver of inadmissibility until the visa has actually been denied by the CO, even if you know when you submit the petition that the beneficiary will be found inadmissible.

I know that Marc is testing the waters with this new tactic from CSC, and I suspect that including the rebuttal with the petition may have been at his advise. While there is certainly nobody better qualified to be dealing with this than Marc and Mr. Nam, even they have no prior experience with this particular tactic from CSC. But, you currently find yourself in the position of having to respond to a NOID, regardless of the unusual path that got you to this point. There is no reason to believe that the best course of action at this stage is not the same as it has always been - respond vigorously to the NOID. You have good counsel, but be an active client - review everything. It's easy for an attorney to overlook a minor error, and at this point you don't need any mistakes, no matter how trivial.

Listen to Jim, be very active, even if you think it is trivial let the lawyer know, maybe it isnt needed, but maybe it will help.

[Dang Lang Thang 0]

Listen to Jim, be very active, even if you think it is trivial let the lawyer know, maybe it isnt needed, but maybe it will help.

Hi Jim, Jerome.

Thanks. I have been fairly diligent with my actions of contesting.

- Inquired/Replied to HCM Consulate immediately after denied interview decision.

- Requested Senator's assistance twice.

- Sent unsolicited rebuttal to USCIS CSC. (CSC mailed back the rebuttal saying I need to wait until returned petition arrives.

- Sent unsolicited appeal to USCIS CSC once I heard returned petition has arrived. CSC mailed back my appeal saying petition has expired - feel free to re-apply.)

It seems that being pro-active has not yielded any positives. I will continue to be diligent but pray for a little luck.

-DLT