K1 visa denied

[aron 0]

Thank you every one for all your information. I will answer all your questions soon. The senator sent a request to have the case reviewed again, But it was already returned to USCIS for review the next day. It seems I will have more time to review your posts while I wait for the case to arrive. As i sure you know the last 4 days have been frantic, lots of e-mail, phone calls and inquiries. Thank you again, I will keep everyone posted. Does anyone have any new ideas? Aron

Here is the E-mail from the HK consulate

Dear Senator :

Thank you for your e-mail of July 29, 2010, concerning the visa application of Marie Cris Pxxxxx (HNK 201xxxxx), the fiancee of your constituent, aron Mxxxxx.

Our records show that Ms. Pxxxxxx had a visa interview on July 26, 2010. Due to the fact that Ms. Pxxxxxx has two separate fiancée visa petitions, we were required to return Ms. Pxxxxxxx’s visa petitions to the U.S. Citizenship and Immigration Service (USCIS) per Section 41.81 N6.8 of the Foreign Affairs Manual (FAM).

Mr. Mxxxxx may wish to contact the USCIS National Customer Service Center directly for further information regarding the status of Ms. Pxxxxx’s case. The telephone number is 1-800-375-5283 (1-800-767-1833 for TTY calls).

Please note that it will be easier to get information on Ms. Pxxxxxxx’s case from the USCIS National Customer Service Center if Mr. Mxxxxxx requests information on the specific type of Ms. Pxxxxxx’s petition (e.g. I-130, I-129, I-129F, I-140). Ms. Pxxxxxx’s visa petition was returned to the USCIS on July 27, 2010. He should also allow several weeks for the files to be transferred before contacting the office.

Please be assured that Ms. Pxxxxxx’s application has received every possible consideration consistent with U.S. visa laws and regulations. We hope this information is helpful to you in responding to your constituent. We will keep you advised of any significant developments in this case.

[aron 0]

We have no info on the previous petitioner,other than his name and state. I'm working with that. All phone #'s listed are disconected. No e-mail... arrrgggg! any sugestions?

[JimVaPhuong 4,863]

We have no info on the previous petitioner,other than his name and state. I'm working with that. All phone #'s listed are disconected. No e-mail... arrrgggg! any sugestions?

They've already returned the petitions. All you can do at this point is wait for USCIS to sort it out.

The section of the Foreign Affairs Manual they cited says this:

9 FAM 41.81 N6.8 Multiple Petitions Approved for Same K-1 Beneficiary

(CT:VISA-756; 07-27-2005)

In instances where more than one U.S. citizen fiancé(e) has filed visa petitions on behalf of the same alien and more than one K-1 visa petition has been approved for the same beneficiary, the consular officer must suspend action and return all petitions with a covering memorandum to the DHS district director who approved the last petition so that the petition approvals may be reviewed.

While this might seem specific, it really isn't. It implies that both approved petitions must still be valid at the time they decide to return them, but it doesn't specifically say that. Could they return the second petition because there was another petition approved for the same beneficiary 5 years ago? Don't know. It doesn't specify. What is USCIS going to do when the petition approvals are "reviewed"? Well, the Foreign Affairs Manual doesn't cover USCIS procedures. For that, we have to go to the Adjudicators Field Manual. Unfortunately, the entire section on fiancee visas in the AFM has been REDACTED in the publicly accessible version. Apparently, USCIS doesn't want us knowing how they adjudicate fiancee visa petitions (imagining a dart board, pair of dice, wheel of fortune, or some equally unbiased method of adjudication).

I can't even find which section of the INA or 8 CFR specifies that a beneficiary can't have two approved fiancee visa petitions at the same time, but this is obviously not allowed according to the FAM. There IS a statutory requirement that USCIS tracks multiple petitions filed by the same petitioner, but I can't find any statutory requirement that they track multiple petitions for the same beneficiary.

I think it's safe to conclude that one or both petitions have got to die. I'll guess you'll find out which way this is going to go when USCIS contacts you. Whatever you do, DON'T file another petition yet! Three approved petitions would obviously not be better than two!

[Auris 0]

We have no info on the previous petitioner,other than his name and state. I'm working with that. All phone #'s listed are disconected. No e-mail... arrrgggg! any sugestions?

Sorry to hear about your story, but at least you know a reason and a fact for returned petition, ask your fiancee to remember and collect as much information about previous petition and petitioner, very likely last petition was returned to USCIS before and was re-approved after long time again, they usually send all notes to the petitioner, not to beneficiary, so she had no information about case status. Would be good if previous petitioner did any action to the old petition to help it cancel. That fact that your fiancee had that petition before is "nothing" for this fresh petition if everything was cancelled before in right way. On other forum I saw stories about women who had 2 or even 3 petitions before from different men and got visa at the time of interview...another problem could be if there was just a subjective decision of CO, who was thinking that 2 petitions were a sign to show just immigration intentions of your fiancee, but again, it's the fact to appeal, not the fact to deny your petition.

[aron 0]

Hi every one! OK i will try to answer every ones questions. I will give post # than answer. Here we Go. #5..The previous Application ,approved and i assume it went all the way to the Us consulate in HK.

#8..Yes she told the consulate officer that she thought the case was expired.

#11..we will send additional evidence and letters from previous employers to verify character.

#12..We had lots of proof.we have been a couple for 14 months. 1st k-1 applicant only a couple 1 month.

#13...Yes they asked if i knew of the previous petition and sent a RFE about it.yes had time line of relationship,but it did not mention 1st K-1 app. She has never been to the USA.

#15..senators ARE now involved.

#17.. I'm thinking the best way to go is to get married and file the CR1.

#18 ,...My K-1 petition was sent back to the USCIS the next day.

#39 I am writing all addresses in Missouri to thy to get a response from 1st petitioner.no #s

And thank you every one for all the information. JimVaPhuong It looks like you did alot of research..THANH YOU TOO!

[MJ&S 0]

Did she get denied right after the interview? did CO return her passport?

[aron 0]

refused at end of interview.........yes passport returned

[aron 0]

Well , its official. the case has been closed as of the letter received Sep. 25,2010. The USCIS says that the approval has expired? the approval was good to July 23,2010. But Marie's interview wasn't until July 26,2010...how can she get an interview before it expires?

[aron 0]

OK, I'm hoping that someone is still reading this thread that can help me. My case has been closed. My question is should i apply again? or take another route? Now the USCIS says I can apply again, But I'm thinking there may still be my suspended application at the consulate,and It will just happen all over again.Do you know of a better option? or are there any steps i should take on the 2ed go around?

I am prepared to go to Hong Kong to marry her, but I have not researched the best route.I'm hoping for some leads...thank you everyone ...again

Edited September 27, 2010 by aron

[RichiJenny 14]

sorry to hear your news. try going over to immigrate2us.net and asking the questions there too. there are some very helpful people there also. i had a k1, used it and returned home after our marriage broke down. i met someone else a few years later and married and now we are going for the cr1.

there is also an excellent attorney on the site called laurel scott. she does a free chat on wednesdays and that can be very helpful.

i enquired about my status after i returned to the uk. initially we filed an i130 and it was approved but we divorced so the papers were revoked. my ex wife had to write to the uscis though. sometimes petitions never die is what uscis and nvc have told me.

maybe you could ask your fiance to do a freedom of information act about herself from the uscis, that may be helpful, im not sure.

[NigeriaorBust 4,087]

I am a successful refiler. If you know why they denied the first petition and have something to show that they were wrong in applying that to your case it shouldn't matter what type of petition you file the second time. Front load the case, provide as much evidence of the relationship as possible. Talk to Marc Ellis ( ellisisland on VJ) He actually lives in your fiances region and knows that consulate well.

[yuenashleysl 1]

OK, I'm hoping that someone is still reading this thread that can help me. My case has been closed. My question is should i apply again? or take another route? Now the USCIS says I can apply again, But I'm thinking there may still be my suspended application at the consulate,and It will just happen all over again.Do you know of a better option? or are there any steps i should take on the 2ed go around?

I am prepared to go to Hong Kong to marry her, but I have not researched the best route.I'm hoping for some leads...thank you everyone ...again

I'm so sorry about all that...I have not much knowledge on this situation, but it seems like it might be best to just get married and file for CR1. AND, file with lots of evidence, visit her after the marirage, and even consider being there at the interview. But maybe you can try to see if you or your fiance can confirm with USCIS that there's no more approved case under her name before you file again.

It's not that difficult to get marry in Hong Kong. If you need more info on that, let me know.

Good luck, and best wishes to you both. DO NOT lose hope, just try to keep going and moving forward, and keep the relationship strong and in focus.

Take care!!

[Darnell 8,478]

Well , its official. the case has been closed as of the letter received Sep. 25,2010. The USCIS says that the approval has expired? the approval was good to July 23,2010. But Marie's interview wasn't until July 26,2010...how can she get an interview before it expires?

Actually -

that's the best news ever ! USCIS let it 'auto-expire' - less paperwork for everyone involved, you betcha.

Going forward, if you'd like to 'do something else' -

you could

--file new I-129F on her or

--get married, file I-130

Good Luck, whatever you decide to do !

[JimVaPhuong 4,863]

OK, I'm hoping that someone is still reading this thread that can help me. My case has been closed. My question is should i apply again? or take another route? Now the USCIS says I can apply again, But I'm thinking there may still be my suspended application at the consulate,and It will just happen all over again.Do you know of a better option? or are there any steps i should take on the 2ed go around?

I am prepared to go to Hong Kong to marry her, but I have not researched the best route.I'm hoping for some leads...thank you everyone ...again

Re. your previous question - The consulate can extend the validity of the approved petition, and will usually do so automatically, as long as they believe the beneficiary is pursuing the visa application. They'll usually do this for up to one year. This is how your fiancee got an interview after the initial expiration date set by USCIS. After the petition was returned to USCIS, they decided they didn't want to readjudicate the petition, so they just closed it citing the original expiration date.

In my opinion, the consulate's ability to automatically extend the validity of the petition approval is how you got into this position. After they received the first petition they kept extending the approval until she applied for a visa based on the second petition. With two approved petitions on file they had no choice but to return both of them to USCIS. It's probably safe to conclude that both petitions are now dead, but not necessarily forgotten. If you send another I-129F petition it is possible that USCIS will send you a letter of intent to deny, citing the reason your first petition was returned. Here is the pinned thread where this is discussed:

http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/

The petition you filed was returned because of a technicality - the consulate can't have two approved and valid petitions from two different petitioners for the same beneficiary at the same time. However, there is also an implied suspicion of green card shopping. Generally, a beneficiary would have to be moving through relationships pretty quickly, or even have multiple relationships at the same time, in order to have two approved petitions at the consulate at the same time.

If your previous petition were being readjudicated rather than administratively closed then I'd recommend getting married and filing a spousal visa petition. If I thought there was any chance there was still an approved fiancee visa petition at the consulate then I'd recommend getting married and filing a spousal visa petition. They were clear that they were returning both petitions, so I seriously doubt there are any approved petitions at the consulate (unless someone else also filed for her). At this point, you can either file another fiancee visa petition or get married and file a spousal visa petition. It's your choice. I think the first relationship is still going to be an issue at the interview, and she should be prepared to deal with it.

[misna 0]

Did she get denied right after the interview? did CO return her passport?

Hi , just wanted to know .. Did the x petitioner of your fiancee oficially cancelled his petition or just left it alove without cancelling it ?