How to write a rebuttal letter for returned petition?

[Oasis 0]

My first petition has been expired a long time ago. But you need withdraw before you refile

The merging was done by my attorney and someone from VSC.

She thought it was best not to withdraw our first petition that way they cant sent it back again. So both petition will be hopefully going back to Rio.

[Gary and Alla 3,694]

The embassy informed me that they returned the petition. The case is in USCIS now under review (I'm checking the status online). I'm waiting for their decision and want to be prepared in case of denial. What's RFE? My problem is that I still don't know the reason for petition return. No embassy or USCIS tell me. How to find that out? Thank you.

WAIT

Do not write any letters. It won't matter. There is no process to "rebutt" or appeal. If the case is denied the ONLY way to reconsider it is to file an I-290, motion to re-open, which costs $585, and you must present NEW evidence why the case should be re-opened. There are two better options.

IF the case is denied, wait until you get the notice of the reason it was denied, correct the reason it was denied and file anew petition for $455. It will probably process just as fast. OR marry your fiancee in Russia and file for a CR-1, BUT do not do anything until you find the reason for denial and correct the problem, whatever it is.

[luzhok 0]

help me please to know how to make the foia ????

Request FOIA from USCIS and DOS.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f2a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

http://foia.state.gov/foiareq/foialetter.asp

[luzhok 0]

WAIT

Do not write any letters. It won't matter. There is no process to "rebutt" or appeal. If the case is denied the ONLY way to reconsider it is to file an I-290, motion to re-open, which costs $585, and you must present NEW evidence why the case should be re-opened. There are two better options.

IF the case is denied, wait until you get the notice of the reason it was denied, correct the reason it was denied and file anew petition for $455. It will probably process just as fast. OR marry your fiancee in Russia and file for a CR-1, BUT do not do anything until you find the reason for denial and correct the problem, whatever it is.

That's my plan - to wait. If denied, I would not refile for fiance petition. We'll get married.

I've read that when filing the second petition even for the same person I need some sort of waiver. What is that? Where I can read about it?

[NigeriaorBust 4,087]

help me please to know how to make the foia ????

FOIA instructions

What you are requesting is the consular notes in regard to the recommended revocation/ denial of your petition.

[Oasis 0]

A waiver ? 601 waiver ? has your fiance ever been in the us illegally ?

Also, just because you are denied that does not mean you can ignore this petition. You actually need to write to the VSC and withdraw it. ( thats what the VSC told me ) and the denied petition should also be adressed in the new petition or whatever you are filling cause I am pretty sure they will question you about it on the next interview.

Getting married it not the answer either... that does not make it go any faster or easier. In my opinion they are going to ask you why you did not refile K1, why did you get married ?

[NigeriaorBust 4,087]

A waiver ? 601 waiver ? has your fiance ever been in the us illegally ?

Also, just because you are denied that does not mean you can ignore this petition. You actually need to write to the VSC and withdraw it. ( thats what the VSC told me ) and the denied petition should also be adressed in the new petition or whatever you are filling cause I am pretty sure they will question you about it on the next interview.

Getting married it not the answer either... that does not make it go any faster or easier. In my opinion they are going to ask you why you did not refile K1, why did you get married ?

You don't have to withdraw the first petition If it is expired it is dead. Nothing prevents you from having 2 petitions at the same time for the same person.

[Oasis 0]

When I called th VDC thats what they told me that you need to withdraw it - and I spoke to someone higher up.

The petition will never be "dead" it will always be there and I am sure you get questioned about it.

Consult with an attorney thats my best advice.

[NigeriaorBust 4,087]

You get questioned about it but you don't have to withdraw it. I have been there and DID NOT withdraw the first one. Being CSC they declared it expired shortly before my second petition caught up with it. You run the risk of fraud markers if you withdraw the original in effect concurring with the consulates findings.