The Second time?

[Peter and Nong 0]

We filed the K-1 visa for my fiancee and it was denied because of several things that were not understanding... very long story... My question is.... Can I use all the certified documents that I recieved in Laos that cost a lot of money for me to get? They are all provided to my with a lawyer at this time. It was March 18, 2009 in LAGUNA NIGUEL, CA 92607...

We received this Jan 22, 2010:

“Dept. of State File# VNTxxxxxxxxxxx stating that there was a problem "during the interview" that was not known to USCIS when the petition was approved... It states that "new evidence was discovered at the time of the interview that was not known to USCIS when the petition was approved" and "this information indicates that you and the petitioner do not have a genuine fiancee relationship"...

"The beneficiary misrepresented her age on the documents provided and the date of birth certified by the petitioner as true is incorrect. Because this information was not known by USCIS at the time they approved the petitioner, the consular section is required to return the petition for reconsideration."

BUT!!!!!!!!

My friend was helping me and he forwarded the G-28 information to USCIS and received on 3-15-2010 a “Notice of Decision” saying:

“The petition was approved on 7-14-2009" and was "forwarded to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition was returned to the United States Citizenship and Immigration Services(USCIS) with a finding that the beneficiary was not issued the requested K-1 visa. Since the period of validity was now expired the petition will not be revalidated"... “the petitioner may chose to file a new Form I-129F however the petitioner will need to meet all requirements including, evidence to establish meeting the beneficiary in person within the two years before the date of filing the new petition”

The petition was approved on 7-14-2009 but the interview was not till Jan 2010!!! That is after the "validity period of four months"..........

OK my final question is now that I have to start all over, CAN I use my original documents??? EVERYTHING!!! Please help...

[Darnell 8,479]

USCIS played the 'validity age out game'. Sorry. You lost.

re: re-use original documents. Suggest you not use the original I-129F, it had problems with a birthdate.

You probably have a birth certificate, some certificate of single status, and a police clearance certificate, right? all translated into English?

The police clearance certificate has a 'lifespan' of one year from issuance date - the rest is OK to re-use (should you get them back, that is)

then.... must redo the medical exam, as well (if more than 1 year between the last one and the new interview date).

I strongly suggest you check in with Marc Ellis, pay for a coupla hours of consult, let him guide you in prepping the new I-129F casefile for submittal. google 'Marc Ellis Immigration' for his contact info.

Finally, you'll need to write a letter, include in I-129F submittal, covering a waiver for IMBRA. (this is yer 2nd K-1 within 2 years )

Good Luck !

Edited June 6, 2010 by Darnell

[Peter and Nong 0]

"You probably have a birth certificate, some certificate of single status, and a police clearance certificate, right? all translated into English?" Yep!! Everything certified and translated....

"The police clearance certificate has a 'lifespan' of one year from issuance date - the rest is OK to re-use"

(should you get them back, that is)...

We have all the originals... never sent anything but scanned and official certified copies...

"then.... must redo the medical exam, as well (if more than 1 year between the last one and the new interview date)."

She has taken all the shots required and I hate to think that she has to take more...

We are NOT---> IMBRA in any way shape or form but thanks for the suggestion... Thanks, Peter

covering a waiver for IMBRA! naaaaaaaaaa

[ScottThuy 140]

You were denied the first go..no question about that.... Since they let the case age out rather than allow rebuttal you will need to file a new petition... This will involve doing everything over again... much of the evidence can be reused, but the forms need to be filled out again and since the medical is only good for six months and the police cert is good for 1 year... those will need to be done before the next interview.... Financial affidavits will have to be redone with current info...

You will have to request a IRMBA waiver at the time you send the new petition..(its just the way it is since you filed last year and they have a IMBRA rule). along with that waiver will be documented evidence that the reason for denial was wrong....

They wont send anything back to you.... so dont expect a package from them that will make anything easier on you... look at it from the standpoint that you are starting overfrom scratch with a hurdle at the beginning.. but you know what the hurdle is ( the reason for previous denial) and that will be addressed in the initial petition... once you get the initial petition approved, you should be in a better position when the case gets to the consulate...

I know that it sucks that you have to go through allof this again..but that is the way the system is...... at least there is a second chance...

[Darnell 8,479]

sorry, you'll need to write a letter, include with I-129F petition, asking for a waiver from the IMBRA 'rule'.

It's ok to disagree with me.

When you get the RFE for the waiver, though - it's a good time to look up 'how to write the waiver'.

Pardon, you asked about this - even if you didn't 'know' you were asking about this.

If you want to get a sanity check, contact Marc Ellis, pay for a coupla hours of consult, let him teach you.

Marc Ellis is highly recommended - and IMO, you will need MORE than just a 'DIY' set of instructions on the 2nd filing.

Edited June 6, 2010 by Darnell

[Darnell 8,479]

Might want to review this one --> http://www.visajourney.com/forums/topic/258970-help-uscis-requests-a-waiver/

Good Luck !