K1 visa denied

[Deputy Purple 1,294]

HOWEVER, your local senator/congressman has access,....and the U.S. consulate is obligated to do so....

All they're obligated to to is response the the senator/congressman office's request within a certain amount of time. The Finacee should have received a slip with the exact section of the INA Code that was used to deny her, that will give the OP more info.

[JimVaPhuong 4,863]

Even if he married her, they will still have to overcome the reasons for denial of the K-1. It sounds like they suspect her of shopping for a Greencard.

Yep. If they denied because of a previous visa petition by a different petitioner then that's exactly what they suspect. Perhaps the petitioner pulled the plug on the first petition, and either didn't explain why he was withdrawing the petition or provided an explanation that didn't cast the beneficiary in a very good light.

Aron, you have a couple of options here.

You could wait out a decision by USCIS on the returned petition. If they decide to readjudicate the returned petition then they'll eventually either reaffirm it and send it back to the consulate for another interview, or they'll side with the consulate and send you a notice of intent to revoke the approval of the petition. Readjudicating a petition can take months or years. If they decide not to readjudicate the petition then they'll send you a notice that your petition has expired, and you are free to send another petition. The California Service Center frequently just lets the petition expire.

You could send another K1 petition. If USCIS is readjudicating the first petition then they could hold up processing on the second petition until they've reached a decision on the first petition. Or, they could approve the second petition, and the consulate could sit on it until USCIS issues a decision on the first petition. In other words, until the first petition officially dies you could be left in limbo on the second petition. CSC has been playing an unusual game lately. They send the petitioner a letter informing him that the first petition has expired. When he submits a second petition, they send a letter of intent to deny citing the consular officer's reasons for denying the visa at the first interview.

You could also decide to skip the waiting, get married, and file a CR1 petition. The outcome of the returned K1 petition will not be relevant to the approval of the CR1 because you're married - you're no longer eligible for the K1. That doesn't mean you can ignore the returned petition, though...

If you get a letter of intent to deny the second petition then you obviously must respond to it, vigorously and with evidence. However, if you get a letter of intent to revoke the first petition then you STILL must respond to it, even if you've already filed a second petition and even if the second petition has already been approved. If you don't, then the consular officer's accusations will be presumed to be true, and your fiancee will essentially be guilty of fraud. You might not find out about this until she shows up for the second interview and is told she needs a hardship waiver. Those waivers are time consuming and difficult to get.

Marc Ellis is an immigration attorney, and is also a member of this site. He's written a couple of articles on this topic:

http://www.ilw.com/articles/2006,0323-ellis.shtm

http://www.ilw.com/articles/2010,0713-ellis.shtm

[Oasis 0]

Getting a senator involved will not do much good. All they do is inquire about the case.

Our attorney was fighting pretty hard for our petition to stay at the consulat but the consulat was pretty stuborn and sent it back to VSC. It took 3 months to get back.

We have since refilled.

[KittyPollitt 284]

Try reading this thread, which is pinned in the Middle East and North Africa forum, where denials are a regular occurance- Returning Petitions to the United States via 221g Start at about page 11, the first several pages are only about getting the topic pinned..

Sorry this happened to you, you can beat it!

Sarah

[miss thelly 0]

I just received the worst news of my life....my fiance visa was denied..

I'm not sure why yet, She cant talk to me because shes SO UPSET.

I just want to know where I need to start To rectify this miss trial of an interview!!!!

Please any one write me with any help and experiences that may help me to get a second interview..... This Past 14 months have been building up to this sap-posed wonderful moment, only to be crushed in one fair swoop....I cant fathom this denial..So sad

hello i am so sorry for what happened..first all you have to do is talk to her why she denied?so you can know what is your second move to do,,it happens to many fiance,but actually i dont want to experience that...i feel what your fiance feel...she so upaset i do understand her...i will feel the same if i am her...sorry...

[aron 0]

Sorry to hear that. What the previous application does with the Denial? How far did the previous application go?

olny the i-129f was filed, but it was Approved and Mary moved so she never recieved notice of anything after the man filed the i-129f. The petitioner and Mary changer their minds and were instructed to leave it alone and it will go away.

[aron 0]

This is what the letter says.....

Immigrant visa unit,

Consulate general of the United states, Hong Kong and Macau

Principal Applicant: PXXXXXX, Marie XXXX Case # 201XXXXXXX visa symbol:K1

This office is unable to issue Immigrant Visa to you because you have been found ineligible to receive a visa under the following section(s) of the united states immigration and nationality act:

* Your case has been suspended under section 221(g) of the immigration and nationality act, pending additional processing. We will contact you should additional information be required or when the processing is complete.

No further action is necessary on your part. if you wish to inquire about the status of your case, please use the Inquiry form on our web site HK>GOV

Warning ! section 203(G) of the US immigration & nationality act Requires applications be terminated if no action is taken within one year following visa denial under section221(g)

XXXXXXX july 2010

US Consular officer Date

HNK-29 (of-194) 10/09

[JimVaPhuong 4,863]

You're not denied yet. You're in AP. Could be weeks or months. You might be able to submit additional evidence in the meantime.

[aron 0]

HERE is the E-MAIL they sent me

Visa inquiry responseMonday, July 26, 2010 9:28 AMFrom: "Hong Kong Visa Information" <visahk@state.gov>Add sender to Contacts

To: max.com Dear Mr. MaXXXXX,

We acknowledge receipt of your two emails regarding the K1 visa application for your fiancée, Ms. Marie Cris Pagaran.

Ms. Pagaran was interviewed by a consular officer this morning and her visa case was suspended under Section 221(g) of the Immigration and Nationality Act. Please be advised that according to the U.S. Foreign Affairs Manual, if an applicant has more than one approved K-1 visa petition filed by multiple U.S. citizen fiancés, the consular officer must suspend action and return all petitions to the DHS district director who approved the last petition for review.

At present, no action will be taken on the case by our office. You may wish to contact the USCIS National Customer Service Center again directly for further information regarding the status of your fiancée's case. The telephone number is 1-800-375-5283 (1-800-767-1833 for TTY calls).

Please allow several weeks for the files to be transferred before contacting the office.

Immigrant Visa Section

Hong Kong

IMPORTANT NOTE: If you intend to respond to this email, please use the web form again at Visa Inquiry Form <<http://hongkong.usconsulate.gov/consular/inquiryform.htm>>. You cannot respond directly to this email by using the 'reply' function, because this email address is not a receiving address. Thank you for your cooperation.

-----Original Message-----

From: do-not-reply@usembassy.gov [mailto:do-not-reply@usembassy.gov]

Sent: Monday, July 26, 2010 2:01 PM

To: Hong Kong Visa Information

Subject: Visa Inquiry Form

------------------------------------------------------------

Applicant_Name-Family_Name: "pXXXXX"

Applicant_Name-Given_Name: "Marie"

Beneficairy_Visa_Category: "K"

Date_of_your_last_email: "july 25,2010"

Is_This_Your_First_Email: "no"

MailFormFromEmail: "max.com"

Message_Text: "The application was Denied because of a previous application filed by another man. but it was never pursed. The applicant and Marie deiced that they were not compatible, and dropped the issue, with the understanding that it would go away. I was aware of this application, and that was my understanding also.. I would the Hong Kong consulate to Reinterview Marie.The Uscis said that the previous f1 visa would not matter because it was not pursed

Case HNK20XXXXXX"

Name: "aron XXXXXX"

Relationship_to_Applicant: "Self"

Subject: "Case HNK201XXXXXX"

[aron 0]

Try reading this thread, which is pinned in the Middle East and North Africa forum, where denials are a regular occurance- Returning Petitions to the United States via 221g Start at about page 11, the first several pages are only about getting the topic pinned..

Sorry this happened to you, you can beat it!

Sarah

Thank you I will look at it

[aron 0]

You said you knew about the previous visa application. Did you disclose it in your petition ? Did you have a time line of your relationship that explained how you two met during / after the failed relationship ? How far did the previous application go ? Did she come to the US ? If so did she leave in the 90 days ?

In MY app the USCIS sent a 797 request for evidence asking about the previous App. We both sent replies acknowledging the previous app and stating "I" knew of it,and it was a mistake on their part. not sure "don't think there was a time line with APP" We met AFTER their mistake"filed APP" . Apparently their APP expired but was not canceled. I imagine the approved F-1 visa went all the way to the HK consulate, But Marie moved and thinking that the APP was expired never expected or received any mail on it. She NEVER cane to the USA

[aron 0]

here is the all mighty letter

[NigeriaorBust 4,087]

here is the all mighty letter

From what you have said you are not denied at this point. WHat it appears has happened is the old application was not totally closed and your application is being sent back so they can verify that your fiance isn't getting more than one man to send the application at the SAME time. If things are as you explained it may take a while but at this point you are fine. You just have to wait.

[JimVaPhuong 4,863]

HERE is the E-MAIL they sent me

Visa inquiry responseMonday, July 26, 2010 9:28 AMFrom: "Hong Kong Visa Information" <visahk@state.gov>Add sender to Contacts

To: max.com Dear Mr. MaXXXXX,

We acknowledge receipt of your two emails regarding the K1 visa application for your fiancée, Ms. Marie Cris Pagaran.

Ms. Pagaran was interviewed by a consular officer this morning and her visa case was suspended under Section 221(g) of the Immigration and Nationality Act. Please be advised that according to the U.S. Foreign Affairs Manual, if an applicant has more than one approved K-1 visa petition filed by multiple U.S. citizen fiancés, the consular officer must suspend action and return all petitions to the DHS district director who approved the last petition for review.

At present, no action will be taken on the case by our office. You may wish to contact the USCIS National Customer Service Center again directly for further information regarding the status of your fiancée's case. The telephone number is 1-800-375-5283 (1-800-767-1833 for TTY calls).

Please allow several weeks for the files to be transferred before contacting the office.

Immigrant Visa Section

Hong Kong

IMPORTANT NOTE: If you intend to respond to this email, please use the web form again at Visa Inquiry Form <<http://hongkong.usconsulate.gov/consular/inquiryform.htm>>. You cannot respond directly to this email by using the 'reply' function, because this email address is not a receiving address. Thank you for your cooperation.

-----Original Message-----

From: do-not-reply@usembassy.gov [mailto:do-not-reply@usembassy.gov]

Sent: Monday, July 26, 2010 2:01 PM

To: Hong Kong Visa Information

Subject: Visa Inquiry Form

------------------------------------------------------------

Applicant_Name-Family_Name: "pXXXXX"

Applicant_Name-Given_Name: "Marie"

Beneficairy_Visa_Category: "K"

Date_of_your_last_email: "july 25,2010"

Is_This_Your_First_Email: "no"

MailFormFromEmail: "max.com"

Message_Text: "The application was Denied because of a previous application filed by another man. but it was never pursed. The applicant and Marie deiced that they were not compatible, and dropped the issue, with the understanding that it would go away. I was aware of this application, and that was my understanding also.. I would the Hong Kong consulate to Reinterview Marie.The Uscis said that the previous f1 visa would not matter because it was not pursed

Case HNK20XXXXXX"

Name: "aron XXXXXX"

Relationship_to_Applicant: "Self"

Subject: "Case HNK201XXXXXX"

This is a horse of a completely different color. The previous petition never died. According to the consulate, there are now TWO approved fiancee visa petitions for the same beneficiary. The consulate is correct. A beneficiary cannot have two valid fiancee petitions from two different petitioners at the same time. The first petitioner should have withdrawn the petition.

I've never seen a situation like this before. That first petition can die on it's own, but either the consulate or USCIS can keep it alive as long as they want. My guess is that either the consulate kept extending the validity of the first petition, or they're waiting for USCIS to confirm that the petition is officially dead. Since USCIS approved your petition, I'm guessing the consulate kept the first petition alive, but I'm only guessing.

How long ago was the first petition sent to the consulate? Which consulate did it go to? Any chance she could contact the first petitioner and have him "officially" withdraw the petition?

Honestly, I'm not sure what happens from here. You may have to file another petition after the first petition is officially dead.

[Darnell 8,478]

It's a tough life being Phils in the HKGSAR regardless -

and I KNOW this prior case has tripped her up.

IMO, though, someone needed to withdraw the petition and/or visa application.

How far did it go, this prior I-129F? I must assume the I-129F petition was approved, but did she go for K-1 visa interview somewhere ?

'letting it go' is not same thing as 'withdrawing the petition'.

I am dead sorry for this news.

language is shaky, though -

U.S. Foreign Affairs Manual, if an applicant has more than one approved K-1 visa petition - you might be able to 'stall them' on this, based on this wording, as it's WRONG - can be an approved fiance petition, or an approved K-1 visa, but never a 'K-1 visa petition'. Contact Marc Ellis, see what he can do, asap. Might have some hope to keep the casefile in HKG, but no clue where the local 'DHS DISTRICT OFFICE' is - I thought was in Thailand ?