Two interviews and still inconclusive

[jalie 3]

Good day to all.

I am a Filipina, legally residing in Italy for 21 years. My fiancé filed a K-1 visa in February of this year. We were approved and scheduled my interview for Sept. 07 at Naples Con. Gen. Italy. The interview went fine but I was told to submit a document(police clearance from my country) with thumb print in it order for the consul to issue me a visa. After a week I received an email from the consulate that they have received the document but have to send them my previous passports in order for them to process my case to conclusion. Four days after I sent the old passports I received an email telling me to schedule an appointment for a second interview in order to clarify certain discrepancies that have arisen. I went in on Sept 22 and explained those discrepancies and when I was asked if I have a document to prove that it was the Philippine Con Gen in Milan Italy that amended my passport, I could not produce any. But I explained that before that interview I really went to get a certification from our consulate but I was told that it should be the US embassy that will contact them by mail, email or phone if there are any problems.

At the end of the interview I was handed back all my passports including my minor daughter's(K-2) and was told that he will send back my papers and copies of my old passports to USCIS and contact me in a couple of weeks.

I was not given any information sheet specifying interviewr's reasons for not approving my visa, no blue sheet no nothing. I am practically hanging in the air.

Is this NORMAL?

To explain my case better:

- I was informally(no adoption decree) adopted at age 4/5 and since then I have been using my adoptive parents names and other generalities.

- My first passport was fastracked by the travel agency that processed my papers in coming abroad with the generalities supplied by my adoptive mom.

- Adoptive family are now legal residents of USA and even written in my passport as persons to contact in case of accident/death, with complete address and phone number.

- The existence of previous names used were stated in our I-129F and G-325A.

- In preparation for the K-1 petition I had my birth certificate sent in from the Philippines and saw the big discrepancies so I resort to the Philippine Consulate to correct it.

- I told this whole truth to the interviewing consul, I did not hide anything.

I have now obtained from Phil. Consulate a certificate attesting that they were the one who issued my new passport and amended my previous one. I also asked an affidavit of discrepancy but it will only be ready on Tuesday. I plan to send these documents to the interviewing consul and see what excuses he will bring out again next time.

Are there anything else that I need to do to convince him that the person in the old and new passport is one and the same? Have I committed any mistakes? PLEASE advice. Are there anyone else who have had this kind of problem? Thank you so much for your time. More power to Visa Journeyers!!!

[Audy_Rob 26]

It seems as though the US Consulate intends to deny the Visa. The fact they are returning all passports is not a good sign and they are returning your paperwork to the USCIS is a denial. You need to wait for USCIS to receive the papers. They can do one of three things. Reaffirm, issue an NOID, let the case expire. Depending on what they do will affect your next steps.

You might need to wait to hear from the USCIS.

You did not actually state what the "Big Discrepancies" are and that is OK. You do not need to reveal them on this forum. Without knowing what they are, it is hard to say. You should try to get the latests affidavit to the US Consulate yourself before they return your case file to USCIS.

Good luck.

[Darnell 8,478]

as told that he will send back my papers and copies of my old passports to USCIS

Can you expound on this one bit, some more?

There IS a USCIS office in Italy - so are your papers being sent THERE

or

to USCIS in USA?

Please confirm - it makes a world of difference, on how to respond to you.

[jalie 3]

It seems as though the US Consulate intends to deny the Visa. The fact they are returning all passports is not a good sign and they are returning your paperwork to the USCIS is a denial. You need to wait for USCIS to receive the papers. They can do one of three things. Reaffirm, issue an NOID, let the case expire. Depending on what they do will affect your next steps.

You might need to wait to hear from the USCIS.

You did not actually state what the "Big Discrepancies" are and that is OK. You do not need to reveal them on this forum. Without knowing what they are, it is hard to say. You should try to get the latests affidavit to the US Consulate yourself before they return your case file to USCIS.

Good luck.

[jalie 3]

Sadly enough I have already hinted that I am denied and only waiting for a concrete proof from IVNaples.

As for the discrepancies: My new passport carries the generalities of my birth certificate which is in discrepancy with my old passport. Middle name, family name, year of birth, place of birth are the discrepancies. But as I have said in my previous post, our embassy have corrected those errors hence the new passport.

Thanks.

[jalie 3]

as told that he will send back my papers and copies of my old passports to USCIS

Can you expound on this one bit, some more?

There IS a USCIS office in Italy - so are your papers being sent THERE

or

to USCIS in USA?

Please confirm - it makes a world of difference, on how to respond to you.

I was told, "I will send your papers back to the US".

[jalie 3]

I was told, "I will send your papers back to the US".

Or perhaps CSC??? Sorry Darnell, I am more confused than you are. That moment when he was handing me back my passports my head was spinning and I was debating whether to put up a fight or give him a sarcastic smile and leave. Anyway, I managed to be myself, that is, asked humbly how long will I wait for an answer with a forced smile.

Thanks.

[Gary and Alla 3,694]

Good day to all.

I am a Filipina, legally residing in Italy for 21 years. My fiancé filed a K-1 visa in February of this year. We were approved and scheduled my interview for Sept. 07 at Naples Con. Gen. Italy. The interview went fine but I was told to submit a document(police clearance from my country) with thumb print in it order for the consul to issue me a visa. After a week I received an email from the consulate that they have received the document but have to send them my previous passports in order for them to process my case to conclusion. Four days after I sent the old passports I received an email telling me to schedule an appointment for a second interview in order to clarify certain discrepancies that have arisen. I went in on Sept 22 and explained those discrepancies and when I was asked if I have a document to prove that it was the Philippine Con Gen in Milan Italy that amended my passport, I could not produce any. But I explained that before that interview I really went to get a certification from our consulate but I was told that it should be the US embassy that will contact them by mail, email or phone if there are any problems.

At the end of the interview I was handed back all my passports including my minor daughter's(K-2) and was told that he will send back my papers and copies of my old passports to USCIS and contact me in a couple of weeks.

I was not given any information sheet specifying interviewr's reasons for not approving my visa, no blue sheet no nothing. I am practically hanging in the air.

Is this NORMAL?

To explain my case better:

- I was informally(no adoption decree) adopted at age 4/5 and since then I have been using my adoptive parents names and other generalities.

- My first passport was fastracked by the travel agency that processed my papers in coming abroad with the generalities supplied by my adoptive mom.

- Adoptive family are now legal residents of USA and even written in my passport as persons to contact in case of accident/death, with complete address and phone number.

- The existence of previous names used were stated in our I-129F and G-325A.

- In preparation for the K-1 petition I had my birth certificate sent in from the Philippines and saw the big discrepancies so I resort to the Philippine Consulate to correct it.

- I told this whole truth to the interviewing consul, I did not hide anything.

I have now obtained from Phil. Consulate a certificate attesting that they were the one who issued my new passport and amended my previous one. I also asked an affidavit of discrepancy but it will only be ready on Tuesday. I plan to send these documents to the interviewing consul and see what excuses he will bring out again next time.

Are there anything else that I need to do to convince him that the person in the old and new passport is one and the same? Have I committed any mistakes? PLEASE advice. Are there anyone else who have had this kind of problem? Thank you so much for your time. More power to Visa Journeyers!!!

This is normal in a case where they will deny the visa. get your papers in order and have your US citizen fiance file a new petition.

[jalie 3]

This is normal in a case where they will deny the visa. get your papers in order and have your US citizen fiance file a new petition.

What papers in order?I believe mine were in order! I guess I need clarifications on this so that next time we file I'd be more than ready.

The existence of previous names were documented on my I-129F petition and on G-325A which were reviewed by USCIS and NVC people so with IVNaples. What have I missed? Or what wrong have I done?

Anyway, I thank you for your input and always respect your regular posts here.

[Gary and Alla 3,694]

What papers in order?I believe mine were in order! I guess I need clarifications on this so that next time we file I'd be more than ready.

The existence of previous names were documented on my I-129F petition and on G-325A which were reviewed by USCIS and NVC people so with IVNaples. What have I missed? Or what wrong have I done?

Anyway, I thank you for your input and always respect your regular posts here.

Your petitioner will get a letter documenting what was done wrong or what the problem was and why it was denied. Correct the issues and re-file, whatever they are.

[jalie 3]

How long will it take after refiling? I lost my job just pursuing this. I am thinking now to go home for a while, take a vacation and think hard if it is time for me and my fiancé to be married or refile for K-1 after all the thousands of euros that I have spent and thousands of dollars he spent.

Again, thanks.

[Darnell 8,478]

ok - so the casefile is being sent back to USA, USCIS, CSC office, with some type of denial.

CSC may or may not re-adjudicate the petition. I don't know, sorry.

IF the petition is re-adjudicated,or PEGGED for re-adjudication -

then the USC Petitioner will receive some postal mail about it.

IF CSC wants 'more stuff' from the USCitizen Petitioner, CSC will inform him of the need via 'yet another postal letter'.

Turn around time? Anywhere from 2 months to 2 years. Final results? USCIS upholds the denial from US Embassy, OR they refute the denial, submitting the entire casefile, the re-adjudicated petition with recommendation to approve, back into the 'pot' - where it will show up again at the US Embassy, and you'll have another interview sometime in the next 2 years.

If I was yer USC Petitioner, I'd file a new I-129F petition this upcoming week, and address all concerns presented in the interview at the US Embassy, in the form of 'letters of attestation' to 'cover red flags', with a letter of attestation for each red flag. Near as I can determine, you have issues with 'civil documents' based on 'name discrepancies'. But that's only what you've written about, here - there may be more red flag issues to cover in any letter of attestation. When you have a moment (some homework for you) - sit down with pen and paper, and try to document the entire conversation of the interview - who said what, in what order, and when. Study that piece of paper, then try to determine what the other issues were, if any.

A 2nd-filed I-129F petition actually 'goes faster' through USCIS than the first one, most of the work has already been done. Is possible, if the casefile is prepped properly, to have 4 months between 'filing' and 'interview day'.

He'll need to include wording in the cover letter, asking for an IMBRA WAIVER, as well, as this will be the 2nd filing from him, even though it's the same person.

Good Luck, whatever you decide to do !

Edited September 26, 2010 by Darnell

[jalie 3]

ok - so the casefile is being sent back to USA, USCIS, CSC office, with some type of denial.

CSC may or may not re-adjudicate the petition. I don't know, sorry.

IF the petition is re-adjudicated,or PEGGED for re-adjudication -

then the USC Petitioner will receive some postal mail about it.

IF CSC wants 'more stuff' from the USCitizen Petitioner, CSC will inform him of the need via 'yet another postal letter'.

Turn around time? Anywhere from 2 months to 2 years. Final results? USCIS upholds the denial from US Embassy, OR they refute the denial, submitting the entire casefile, the re-adjudicated petition with recommendation to approve, back into the 'pot' - where it will show up again at the US Embassy, and you'll have another interview sometime in the next 2 years.

If I was yer USC Petitioner, I'd file a new I-129F petition this upcoming week, and address all concerns presented in the interview at the US Embassy, in the form of 'letters of attestation' to 'cover red flags', with a letter of attestation for each red flag. Near as I can determine, you have issues with 'civil documents' based on 'name discrepancies'. But that's only what you've written about, here - there may be more red flag issues to cover in any letter of attestation. When you have a moment (some homework for you) - sit down with pen and paper, and try to document the entire conversation of the interview - who said what, in what order, and when. Study that piece of paper, then try to determine what the other issues were, if any.

A 2nd-filed I-129F petition actually 'goes faster' through USCIS than the first one, most of the work has already been done. Is possible, if the casefile is prepped properly, to have 4 months between 'filing' and 'interview day'.

He'll need to include wording in the cover letter, asking for an IMBRA WAIVER, as well, as this will be the 2nd filing from him, even though it's the same person.

Good Luck, whatever you decide to do !

Thanks a bunch. I am sure I've done my homework. As I have stated in my previous post, the interviewing consul is very generous and easy going, but with applicants with previous passports (amended/renewed passports specifically) he plays hard to get but still he is the loveliest consul I have known of (reading consular reviews here on VJ and experiences from acquaintances).I have penned down a letter for the consul to be sent next week with affidavits and certification of civil documents provided by my embassy, and if still all fails then perhaps I will just remain single here in Italy.Or him transfering here...

My gratitude for your thoughts.

[Darnell 8,478]

good luck with them re-opening the case for re-consideration and re-adjudication - I pray all works out next week.

When a USCitizen inside an IV unit says 'denied, we're sending back to USA' - that's usually it - done, finito.

If , instead, yer dealing with 221G forms, then you have a big chance whilst the casefile is still in Italy - yer given 'direct opportunity' to 'fix all' again.

I really do hope you have a lenient CO/VO for this upcoming week - otherwise tell yer fiance to file again.

HEY ! It doesn't hurt to try, right? to give them 'more stuff with a pleading letter' for the upcoming week - it doesn't hurt to try it, at all.

[jalie 3]

good luck with them re-opening the case for re-consideration and re-adjudication - I pray all works out next week.

When a USCitizen inside an IV unit says 'denied, we're sending back to USA' - that's usually it - done, finito.

If , instead, yer dealing with 221G forms, then you have a big chance whilst the casefile is still in Italy - yer given 'direct opportunity' to 'fix all' again.

I really do hope you have a lenient CO/VO for this upcoming week - otherwise tell yer fiance to file again.

HEY ! It doesn't hurt to try, right? to give them 'more stuff with a pleading letter' for the upcoming week - it doesn't hurt to try it, at all.

UPDATE:

I got my visa today! Still can't believe that the consulate granted it without asking me further documentation/proof. God is great!!!