we refiled

[Audy_Rob 26]

Actually it is better to front load the petition itself. The only reason a petition is SUPPOSED to be denied is if they uncover something in the interview that was undisclosed in the petition when it was approved. If you put it all up front then they have less to uncover and issue a denial. Sending in tons of stuff later on won't help the newly discovered aspect of a denial.

The problem with Front Loading the petition is the USCIS is perfectly free to dump it in a Trash Can. The petition was approved. It was not denied as you wrote. The K-1 Visa was denied at interview. The Consulate acts independently of the USCIS at the Interview stage and does not consider that information.

At this stage, there is no assurance any of the material comprising Evidence of a Relationship will even show up in Brazil.

[Oasis 0]

Front loading for the interview does not work. You guys see what happend to me at the first interview. They did not look at anything.

So I figured we put everyting in the packet so they have it infront if them - this was the advice from our attorney.

And fyi Brazil does not sent out packet 3's.

[K and L 27]

Since the old petition is now "expired" we decided to refile another K1.

Did you cancel the petition? CSC is probably going to serve you with an NOID, even though the petition expired.

Anyway, due to his previous illegal presence in the US, you will probably not get a different answer after the interview. You really should have fought the existing denial rather than just reapply.

[TBoneTX 46,276]

The problem with Front Loading the petition is the USCIS is perfectly free to dump it in a Trash Can.

Please avoid giving incorrect advice. Read the posts by immigration attorney Marc Ellis (VJ handle is ellis-island) for the correct information, and, if I remember, the pinned thread by Gary and Alla in which he posed questions to the head of the VSC. Independent of the foregoing: If you do not front-load the petition to USCIS, the consulate can choose to ignore anything and everything that is brought to the interview.

Edited to add: In the pinned thread mentioned above, the VSC Director says: "They [the consulates] get whatever we get when it is sent on." Again, please do your research before posting inaccurate advice.

Edited April 26, 2010 by TBoneTX

[Oasis 0]

The old petition has already expired. Trying to appeal a K1 can take months if not more then 1 year.

I am aware of that he will get denied anyway since he was EWI but I want them to approve our relationship at this point so I can go ahead and file our waiver.

Audy_Rob.. I dont appreciate your statements... why would you even say something like that.

Ofcourse my evidence will show up in Brazil - I added it to the new petition.

[K and L 27]

You didn't read the topic I linked then.

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.

If Mark is correct and this is the new status quo for CSC, you will PROBABLY be getting a NOID on the basis of your previous denial at interview, and you'll essentially be re-fighting it. Even if you revoke the denied petition, you will probably still get a NOID. Granted, by front-loading your application, you may have addressed the issue if the CO wrote down that it wasn't a bonafide relationship. If the CO wrote down something else, you may not know until you get your NOID (which will give you a 30 day window to appeal).

[moroccogirlny 100]

My fiance was denied the 1st time as well. We refiled and sent in much more ongoing proof of relationship. I had friends,family, Congressman and Senators write for us. I wrote a letter to USCIS addressing our 1st interview and the possibilities why we were denied. At the 2nd interview the CO had a large file on us. My fiance was questioned for 30 minutes but he had a very positive attitude. He gave short and brief answers. There was nothing they could deny us for again. He got the visa and he is now here in the USA.

Wishing you good luck.

[Oasis 0]

I am fully aware with the NOID and I will respond to it when I get a letter to my house.

The consulate in Brazil said they sent our petition back on March 11th - well it has not gotten here yet.

Maybe it got lost.

[Alan-and-Ira 1]

I am fully aware with the NOID and I will respond to it when I get a letter to my house.

The consulate in Brazil said they sent our petition back on March 11th - well it has not gotten here yet.

Maybe it got lost.

Our K1 was denied a year ago in Ukrainian consulate, and we got married and filed for CR1 in November 2009 (CSC). After filing the second petition we got a written respond from VSC (where our K1 was filed) with the reason of denial - they suspected I was in a relationship just for immigration reason. Well, the total weight of our new petition was about 4 pound and for this time we sent them more than enough evidence of our relationship, including third-party affidavits. But even so we are now the only ones left among the November filers who are still with USCIS, all the others are either in NVS or have already gotten their visas... So, there is a reason and it looks like a described above 'rule' at CSC really works. We wish you two good luck and hope that the second interview will be much more successfull.

[Audy_Rob 26]

Our K1 was denied a year ago in Ukrainian consulate, and we got married and filed for CR1 in November 2009 (CSC). After filing the second petition we got a written respond from VSC (where our K1 was filed) with the reason of denial - they suspected I was in a relationship just for immigration reason. Well, the total weight of our new petition was about 4 pound and for this time we sent them more than enough evidence of our relationship, including third-party affidavits. But even so we are now the only ones left among the November filers who are still with USCIS, all the others are either in NVS or have already gotten their visas... So, there is a reason and it looks like a described above 'rule' at CSC really works. We wish you two good luck and hope that the second interview will be much more successfull.

But you have not been denied yet. Also you are filing the second time for the CR-1 instead of the K-1.

If you can, could you please write why the thought the relationship was not a genuine relationship and was for immigration only.

Thanks and Good luck to you this second time around.

[menina 50]

Wishing you good luck the second time around. I think frontloading the I-129 was a smart idea. We did that as well. My husband is now here with me. Just curious because he also is from a remote area of Brasil. Which state does your fiance live in?

[Oasis 0]

Wishing you good luck the second time around. I think frontloading the I-129 was a smart idea. We did that as well. My husband is now here with me. Just curious because he also is from a remote area of Brasil. Which state does your fiance live in?

my fiance is from Para.

I am back in business - the first petition is reaffirmed and on the way back to the consulate. Does anyone know if it has to go thru NVC again.

Yes, I know I have a second petition pending. We are currently trying to merge them

[menina 50]

my fiance is from Para.

I am back in business - the first petition is reaffirmed and on the way back to the consulate. Does anyone know if it has to go thru NVC again.

Yes, I know I have a second petition pending. We are currently trying to merge them

Yes, I believe it does go through NVC again.

my fiance is from Para.

Cool. I have been there. My husband is from Acre.