Case left Casa

[Always+Forever 7]

Hello to all that have been following our case & thank u for all of your great advice & support. Called the embassy this morning & they restated that our case left 6/14, which I knew wasn't possible since Hicham's appt was at 3pm...lol So I called DOS & they said it left 6/16 So it looks like I was a day late sending my rebuttle letter...so to others that get in this situation (Inshallah none of u will!!) take action ASAP!!! I thought we'd atleast have till the end of the week to fight back...guess not. So from what I understand California just lets the cases expire...and ours will be expired before it gets back to the US anyway...so we will be on to the CR1 path, unless anyone knows of any other options that I haven't found yet?! Hope everybody has a good day & we start hearing some approvals with the upcoming interviews!!!!

Monica

[bahisgirl 11]

Monica,

So sorry to hear that. Hang in there.

Jackie

[Crossed_fingers 128]

Sorry that it was too late. Do you know when you'll be able to head back to get married? That is so frustrating, since you just came back from a long trip out there. Had you heard about this at his initial interview you may have had time to get married while you were still there.

[Always+Forever 7]

Sorry that it was too late. Do you know when you'll be able to head back to get married? That is so frustrating, since you just came back from a long trip out there. Had you heard about this at his initial interview you may have had time to get married while you were still there.

Exactly...we are still trying to work out all the details, but it will be soon...we wanna get the CR1 started asap...my daughter is not understanding why he can't be here...and i don't know how to explain it do she will understand

Monica

[Always+Forever 7]

Ok...been researching what to do in regards to the K1 case before filing CR1. I have attached below some info I've found from other posters along the way. It looks like you need to be sure to find out the reason for the original denial & prove it wrong before any on the visa CR1 or otherwise has a chance. Hope this helps others going through what we are.

If the K1 was denied at the consulate, but USCIS has not made a decision yet, then the petition is not yet dead. Filing an I-130 may not necessarily kill it, either. Apparently, there are people who've received NOID's on a returned K1 petition, and ignored them because they'd already filed a CR1 petition. Failure to respond to the NOID caused a P6C finding against the beneficiary (material misrepresentation). When they showed up for their CR1 interview they were told they were inadmissible due to the finding of fraud, their visa was denied, and they had to try to get a hardship waiver to overcome it.

The new CSC tactic described in the pinned topic by Marc Ellis could also conceivably be applied to a CR1 petition filed after a K1 petition was returned to USCIS. In those cases, CSC even SAID the K1 petition was dead, and still used it as a basis for a NOID on a subsequently filed petition.

There's certainly no danger in filing a CR1 petition after a K1 visa has been denied at the consulate. There may, however, be danger in presuming a K1 petition is dead. If you get a NOID then you must respond to it, even if it's for the original K1 petition. If you don't then you're inviting USCIS to conclude that the CO's accusation was true.

Assuming the visa was not denied for an inadmissibility, the most common reason for a consulate to use when denying a visa is "sham relationship for the purpose of evading immigration law". This constitutes an accusation by the CO that the beneficiary is lying about their relationship. The accusation is a time bomb. According to Marc, it sits in the beneficiary's file as a "P6C marker", referring to INA section 212, paragraph 6C, which deals with misrepresentation.

At the point that USCIS receives the petition from the consulate, the accusation is just that - an accusation. Whether it becomes anything else depends on what USCIS decides to do with it. If they reaffirm the approval of the petition, then they are discarding the accusation, essentially saying they don't buy the CO's argument. CSC had a habit of just letting the petition approval expire so they wouldn't have to deal with adjudicating the CO's accusation. Lately, they've been resurrecting those expired petitions and using the CO's denial as a basis for a NOID on the second petition, actually quoting the CO's reason for denying the first visa as a basis for the NOID on the second petition.

However it happens, if you get a NOID and don't respond to it, or if you respond and USCIS isn't satisfied and either denies the second petition or revokes the approval of the first petition, then the P6C marker becomes a "finding of fact" - the beneficiary is guilty of material misrepresentation - an inadmissibility that requires a waiver. A response of "no contest", "No intention to pursue", or anything else that does not rebut the CO's accusation will still result in the finding of fact being entered. Withdrawing the petition after the NOID is issued would have the same effect as not rebutting the NOID.

If the NOID is issued against the second petition, then you must successfully rebut the NOID in order to save the petition. If the NOID is issued against the first petition, then you still must rebut, but after the petition is reaffirmed it will either be administratively closed because the petitioner is now married to the beneficiary, or the petitioner can simply withdraw the petition and USCIS will close it. The point is that when that first petition dies it must be either because USCIS just let it expire, or because they reaffirmed it and then administratively closed it. If it dies because USCIS revoked the approval, then the beneficiary is facing some problems at the second interview.

I don't know of any sure fire way to force that first petition to go away. It dies when USCIS decides that it dies. Once a petition has been returned, if the petitioner wishes to continue to pursue the relationship, I think they should be prepared to respond with evidence in case they end up getting a NOID.

In these situations, when filing an I-130 prior to hearing from USCIS about the I-129F, I suggest including an I-129F withdrawal letter with the I-130 filing. I've seen it work just fine in a California case.

If you are serious to going and getting married, and file the I-130 -

then send of a letter to USCIS and US Embassy to WITHDRAW THE I-129F PETITION, on or about the same day that you file for the I-130. This will clear up any silliness that might linger ..

Whats everyones opinion on all of this info...most of it seems recently posted. Anyone have any experience with a K1 denial coming back to get u with a refile or CR1??

Thanks!!

Monica

Edited June 18, 2010 by HichaMonica

[msheesha 548]

We filed the I-130 without withdrawing the denied K1. It worked out okay for us. Before the I-130 interview, we got the letter back that the K-1 was inactive/expired/whatever the right terminology is.

So, for us, it wasn't a problem. We followed an attorney's advice - good, bad, or indifferent, I'm not sure how it works out for everyone. I could be wrong, but it seems like a crapshoot. There was someone on here who talked to the DOS and was told the case was being re-affirmed and sent back to CASA for another interview and processing. But, it turned out to be an error, and it wasn't re-affirmed at all. I don't know the % of returned cases that are re-affirmed and sent back to the consulate. I don't think high at all.

[Always+Forever 7]

We filed the I-130 without withdrawing the denied K1. It worked out okay for us. Before the I-130 interview, we got the letter back that the K-1 was inactive/expired/whatever the right terminology is.

So, for us, it wasn't a problem. We followed an attorney's advice - good, bad, or indifferent, I'm not sure how it works out for everyone. I could be wrong, but it seems like a crapshoot. There was someone on here who talked to the DOS and was told the case was being re-affirmed and sent back to CASA for another interview and processing. But, it turned out to be an error, and it wasn't re-affirmed at all. I don't know the % of returned cases that are re-affirmed and sent back to the consulate. I don't think high at all.

I don't think so either...I know our case will expire before it gets anywhere near the US...so I guess I will just send a rebuttle letter with the I130 & keep my fingers crossed About all we can do...like u said..its a crapshoot...depends on who's handling, what kinda day, etc.

Monica

[moroccogirlny 100]

Our first K1 never got reviewed or closed. When the 2nd k1 was filed we withdrew the 1st k1 at the same time. It was noted on our 2nd k1 approval notice that there was another petition filed previously. Our 2nd petition was successful.

[Miss smarty pants 84]

Our first K1 never got reviewed or closed. When the 2nd k1 was filed we withdrew the 1st k1 at the same time. It was noted on our 2nd k1 approval notice that there was another petition filed previously. Our 2nd petition was successful.

But it looks like you waited a LOOOOOONg time to file again. So by the time you files again you two had several years already in the relationship, right?

[moroccogirlny 100]

But it looks like you waited a LOOOOOONg time to file again. So by the time you files again you two had several years already in the relationship, right?

Yes, we had been together 4 years at that point which had a stronger advantage.

[Always+Forever 7]

yeah...i don't want Hicham to miss anymore time seeing my daughter grow than he has to. So we will move on with the next step asap. Marriage seems to look like the easiest & quickest option, since California won't be reviewing the K1.

Monica

[~ameriptian~ 54]

Monica,

I'm so sorry about all your pain and disappointment. I can't imagine how you would be feeling after Casa given you hope and ripped it away from you. Stay positive and keep your chin up, everything will work out in the end!

Aya

[Always+Forever 7]

Monica,

I'm so sorry about all your pain and disappointment. I can't imagine how you would be feeling after Casa given you hope and ripped it away from you. Stay positive and keep your chin up, everything will work out in the end!

Aya

Thank u Aya. I figure everything happens for a reason, so we will do whatever it takes keep on fighting!!

Monica

[~ameriptian~ 54]

Thank u Aya. I figure everything happens for a reason, so we will do whatever it takes keep on fighting!!

Monica

I admire your positive attitude!

Aya

[Always+Forever 7]

I figure life is to short to stress over the stuff I have no control over. Helps that Hicham is so strong & supportive & positive himself

Monica