For everyone in AP or Case returned to USCIS

[Always+Forever 7]

Check this idea out: http://www.visajourney.com/forums/topic/265724-request-to-add-options-on-timelines-for-ap-refusals/

Monica

[NigeriaorBust 4,087]

Those postings don't cover all returned cases. I know mine isn't in that mess. But you are free to refile another K1 as soon as they return the first one. You don't have to wait on their decision. You can also marry and file CR1 . The trick is not to withdrawl the first one so you don't get the fraud marker

[Always+Forever 7]

Those postings don't cover all returned cases. I know mine isn't in that mess. But you are free to refile another K1 as soon as they return the first one. You don't have to wait on their decision. You can also marry and file CR1 . The trick is not to withdrawl the first one so you don't get the fraud marker

your case was returned to USCIS & then expired so you refiled right?

Monica

[a loves a 0]

Those postings don't cover all returned cases. I know mine isn't in that mess. But you are free to refile another K1 as soon as they return the first one. You don't have to wait on their decision. You can also marry and file CR1 . The trick is not to withdrawl the first one so you don't get the fraud marker

what did you mean by withdrawl the first one so you dont get the fraud marker ???

explain please

[Always+Forever 7]

what did you mean by withdrawl the first one so you dont get the fraud marker ???

explain please

if u withdraw the original petition they will assume the reason for the refusal was accurate & so mark it as a fraud case...and from what I understand, it is nearly impossible to get a visa after that. Correct me ppl if i'm wrong

Monica

[a loves a 0]

if u withdraw the original petition they will assume the reason for the refusal was accurate & so mark it as a fraud case...and from what I understand, it is nearly impossible to get a visa after that. Correct me ppl if i'm wrong

Monica

did you mean withdraw = cancel ????

[Always+Forever 7]

did you mean withdraw = cancel ????

Yes

[Krikit 1,164]

Moving from K-1 Process to AP section.

[JimVaPhuong 4,863]

if u withdraw the original petition they will assume the reason for the refusal was accurate & so mark it as a fraud case...and from what I understand, it is nearly impossible to get a visa after that. Correct me ppl if i'm wrong

Monica

It depends on why the visa was denied and the petition returned. If it was because the consular officer suspected the relationship was sham, then there may be a P6C marker in the beneficiary's file. Withdrawing the petition may allow USCIS to close the petition and conclude the consular officer's accusations were valid. The P6C marker would become a finding of fact, and the beneficiary would effectively be guilty of material misrepresentation, or fraud. A hardship waiver would be needed for any future visa application, which can be tough to get. On the other hand, USCIS might just close the petition "without prejudice", which would leave the P6C marker in the beneficiary's file, but there would not be a finding of fact (yet).

Whether or not this happens depends on a variety of factors. The visa would need to have been denied under INA 212(a), paragraph 6C in order to have a "P6C" marker in the file. The marker is just an accusation. It doesn't become a finding of fact until USCIS takes some decisive action. If they close the petition simply because it has expired, which CSC has a habit of doing, then the P6C marker remains in the file, but also remains only an accusation. Lately, CSC has also been issuing Notices of Intent To Deny a second filed petition, using the P6C accusation from the first returned petition as the basis for denial. According to one attorney, this avoids the P6C marker becoming a finding of fact, but it's not clear to me why this is true. They are still accusing the beneficiary of fraud, and if the petitioner fails to overcome the denial then I would think it would still become a finding of fact, but I'm not an attorney.

[NigeriaorBust 4,087]

My case was rather exceptional. The CO demanded that Joseph prove our relationship by providing "details" of what I do at work. He couldn't, she denied the visa and I filed an attempt of espionage report through my employer.

[a loves a 0]

It depends on why the visa was denied and the petition returned. If it was because the consular officer suspected the relationship was sham, then there may be a P6C marker in the beneficiary's file. Withdrawing the petition may allow USCIS to close the petition and conclude the consular officer's accusations were valid. The P6C marker would become a finding of fact, and the beneficiary would effectively be guilty of material misrepresentation, or fraud. A hardship waiver would be needed for any future visa application, which can be tough to get. On the other hand, USCIS might just close the petition "without prejudice", which would leave the P6C marker in the beneficiary's file, but there would not be a finding of fact (yet).

Whether or not this happens depends on a variety of factors. The visa would need to have been denied under INA 212(a), paragraph 6C in order to have a "P6C" marker in the file. The marker is just an accusation. It doesn't become a finding of fact until USCIS takes some decisive action. If they close the petition simply because it has expired, which CSC has a habit of doing, then the P6C marker remains in the file, but also remains only an accusation. Lately, CSC has also been issuing Notices of Intent To Deny a second filed petition, using the P6C accusation from the first returned petition as the basis for denial. According to one attorney, this avoids the P6C marker becoming a finding of fact, but it's not clear to me why this is true. They are still accusing the beneficiary of fraud, and if the petitioner fails to overcome the denial then I would think it would still become a finding of fact, but I'm not an attorney.

hey would you just explain for me something please :

after my interview the councler said you approved , and wait 2 weeks to your visa , but after 1 mounth i got my passport and the visa was already stamp in it said ( cancled without prejudice ) and a letter said the embassy dont belive in our relationship !!!!

would you please explain for me if they conceder us as a fraud or something ?

did we are in any kind of trouble ?

any help will be appreciated