is thats maybe why may case sent back ?

[a loves a 0]

my case got sent back since 7 mounths , afer they approve us at the interview and every thing went fine , but after that with 1 mounth i got my passport with a visa but there was astamp over my visa says cancled without prejudice !!! and aletter say they dont belive in our relation and our case got sent back !!!! , we contact the sentor and make inquirey we got the same answer .

the quiz is : i feel its becuse my stuibed mistake cuse when we sent the k1 application we was engaged but dont had cermony yet which is common here to have a cermony , and we explain this when we sent my medical and write for them the true which was : that my family wasnt approve our relation 100 % at the beginig but they was ok , and they make for us a cermony after we send our i-129 with 4 mounth and we provide the embassy with out egagment party pic with this letter , actualy we say the true which i know it was so stuibed of us , but the done is done

did any body think thats why they send or case back ????? and they notice this after they issue for me the visa thats why they stamp it like this ???

thanks my frindes

[JimVaPhuong 4,863]

my case got sent back since 7 mounths , afer they approve us at the interview and every thing went fine , but after that with 1 mounth i got my passport with a visa but there was astamp over my visa says cancled without prejudice !!! and aletter say they dont belive in our relation and our case got sent back !!!! , we contact the sentor and make inquirey we got the same answer .

the quiz is : i feel its becuse my stuibed mistake cuse when we sent the k1 application we was engaged but dont had cermony yet which is common here to have a cermony , and we explain this when we sent my medical and write for them the true which was : that my family wasnt approve our relation 100 % at the beginig but they was ok , and they make for us a cermony after we send our i-129 with 4 mounth and we provide the embassy with out egagment party pic with this letter , actualy we say the true which i know it was so stuibed of us , but the done is done

did any body think thats why they send or case back ????? and they notice this after they issue for me the visa thats why they stamp it like this ???

thanks my frindes

Because they changed their decision after the interview, it's likely it was because of something they discovered after the interview. The only other explanation would be that the visa section chief decided to override the decision of the consular officer without any new evidence, and deny the visa. If this is what happened then this is the first time I've heard of it happening.

They knew about the engagement ceremony situation at the interview, but they still approved it. It's not likely that would be the reason they reversed the decision. You said that the letter mentioned they didn't believe your relationship. Usually, this means they think the relationship is a sham for the purpose of obtaining an immigration benefit. Apparently, whatever made them believe this was something they discovered after the interview.

I'm surprised they sent you a letter essentially accusing you of a sham relationship, but still canceled the visa "without prejudice".

Do you have any family members that still strongly disapprove of your relationship? Any chance one of them might have sent a letter to the consulate claiming you were scamming for a visa and a green card?

[a loves a 0]

no my family dont send no letter or nothing , no way

[a loves a 0]

I'm surprised they sent you a letter essentially accusing you of a sham relationship, but still canceled the visa "without prejudice".

explain this part plz

by the way me and my fiancee is rember that the councler didnt take my fiancee tax paper he just see it !!!! , maybe the co boss when he see this decide we dont have real relation cuse he think i dont had this paper ?????

did you think his will be a prob later cuse we get married after that happend but we marry cuse we love each other and our noa2 was already expire cuse we got that letter at at 06-29-2010 and our noa2 was at 03-03-2010 so we get married at 07-07-2010 simply after our noa2 was expire did you think thos will be a prob later

any help will be appricated

[JimVaPhuong 4,863]

explain this part plz

When they write "without prejudice" it's usually because the application has been withdrawn or canceled, or some other reason that the process was terminated without a decision. For example, if you went to the consulate and said you were no longer interested in going to the US then they'd cancel your visa "without prejudice". If they cancel the visa "with prejudice" it means there was a decision made against you.

In your case, they revoked the approval of your visa for cause. It's unusual they wrote "without prejudice" when the cancellation of the visa was due to a derogatory decision by the consulate.

by the way me and my fiancee is rember that the councler didnt take my fiancee tax paper he just see it !!!! , maybe the co boss when he see this decide we dont have real relation cuse he think i dont had this paper ?????

did you think his will be a prob later cuse we get married after that happend but we marry cuse we love each other and our noa2 was already expire cuse we got that letter at at 06-29-2010 and our noa2 was at 03-03-2010 so we get married at 07-07-2010 simply after our noa2 was expire did you think thos will be a prob later

any help will be appricated

Well, obviously you can't apply for a K1 visa anymore. Your wife can go ahead and file an I-130 petition for you, but she should also watch for a decision from USCIS on the returned K1 petition. If USCIS sends her a Notice Of Intent to Revoke (NOIR) the approval of the returned K1 petition then she should respond vigorously with evidence. If she doesn't then there could be a finding of fraud against you because of the accusation of the consulate, and you could end up barred from the US.

Here's a good article about the situation you're in, written by a very good immigration lawyer. Have your wife read it carefully:

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

[a loves a 0]

thank you very much of your help and the link also

you are good person which like to help others I really appreciated

but let me ask you this what we have to say when they send to us the noid or noir ??? did we have to say we married alreday after our noa2 get expired ???

or we still have to show them the approve they need and still say we married already and we are not eliagble no more for k1 ????

its so confuiceng we dont know what to answer would you tell me please ?

and even if they belive us how we will know they oppanion about our new evidance ???? cuse the k1 is already dead !!! we are so sad and dont know what to do

thank you for your help

when did you think they can send the noid or noir ????

[staceluvyou 6]

maybe it's because you stated that your parents did'nt approve the relationship. i've heard they can deny you a visa if the OP'S parents or children disapprove the relationship. they believe this may pose a problem to the relationship and the marriage will not last

[JoyDee 21]

maybe it's because you stated that your parents did'nt approve the relationship. i've heard they can deny you a visa if the OP'S parents or children disapprove the relationship. they believe this may pose a problem to the relationship and the marriage will not last

That sounds preposterous! I can see if someone calls the consulate and says you are getting married just for US entry, which would be the best way for a(n evil) family member to go. Saying that your parents disapprove (who knows why you'd even consider saying that) should have no bearing on the legitimacy of the relationship or the intention to marry. Here's where its better to keep your mouth shut, both at the interview and around the watering can.

This article again makes me feel like I'm dealing with the Gestapo. Very much appreciate the Kafka-esque nature of the whole thing. Are there real people in there? Can we be human beings with human failings instead of paperwork that gets rejected because of a typo? sheesh. i'm turning into a giant insect over here thinking about it.

[JimVaPhuong 4,863]

thank you very much of your help and the link also

you are good person which like to help others I really appreciated

but let me ask you this what we have to say when they send to us the noid or noir ??? did we have to say we married alreday after our noa2 get expired ???

or we still have to show them the approve they need and still say we married already and we are not eliagble no more for k1 ????

its so confuiceng we dont know what to answer would you tell me please ?

and even if they belive us how we will know they oppanion about our new evidance ???? cuse the k1 is already dead !!! we are so sad and dont know what to do

thank you for your help

when did you think they can send the noid or noir ????

The petition will be returned to the USCIS service center that originally approved it. If it's the California Service Center (CSC) then they probably won't readjudicate the petition. They usually just let it expire, and send a notice to the petitioner that they are free to file again. However, the CSC has recently taken a new tactic when dealing with the second filed petition - they send a NOID citing the reasons the consular officer denied the visa at the first interview. The same attorney who wrote the article I linked to also started a thread here about this new tactic at the CSC:

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

If the petition is returned to the Vermont Service Center (VSC) then it will probably be readjudicated. If they disagree with the consular officer's reasons then they'll reaffirm the petition. At this point, your wife can simply withdraw it, or you can simply ignore the interview packet you receive from the consulate. If the VSC agrees with the consular officer then that's when they'll send the NOIR.

If you read the article I linked to then you understand - the consular officer accused you of being in a sham relationship for the purpose of obtaining in immigration benefit. This means they accused you of fraud. There is a P6C marker in your file as a result of this. If USCIS sends a NOIR and it's not sufficiently rebutted then they will revoke the approval of the petition, and the P6C marker will be become a finding of fact - you will be guilty of material misrepresentation, and inadmissible to the United States because of it. Your CR1 visa will be denied, and your wife will have to file an I-601 hardship waiver petition in order to attempt to overcome the inadmissibility. This whole chain of events is explained in detail in the article. Please have your wife read it as she's the one who is going to have to deal with it. If she receives a NOIR on the first petition then she must respond with evidence to prove your relationship is not a sham. Even though she's already filed an I-130, she must still prevent the approval of the I-129F from being revoked. If the petition is reaffirmed then the P6C marker will be removed.

Marc Ellis also opened a thread here some time ago regarding a lawsuit that's been filed against USCIS and Department of State regarding how returned petitions are handled, among other things. Here's a more recent article Marc has written about returned petitions, P6C markers, and also the lawsuit - Tran v. Napolitano.

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

That sounds preposterous! I can see if someone calls the consulate and says you are getting married just for US entry, which would be the best way for a(n evil) family member to go. Saying that your parents disapprove (who knows why you'd even consider saying that) should have no bearing on the legitimacy of the relationship or the intention to marry. Here's where its better to keep your mouth shut, both at the interview and around the watering can.

This article again makes me feel like I'm dealing with the Gestapo. Very much appreciate the Kafka-esque nature of the whole thing. Are there real people in there? Can we be human beings with human failings instead of paperwork that gets rejected because of a typo? sheesh. i'm turning into a giant insect over here thinking about it.

You need to understand the country that the beneficiary is from in order to understand the statement. The consulate is supposed to use a "reasonable person" standard when determining if a relationship is bona fide. That standard allows them to consider local customs and traditions. In other words, would a "reasonable person" living in the beneficiary's country consider their relationship to be bona fide based on the evidence presented? In many countries, two people simply DO NOT get married without the knowledge and consent of the parents.

Every consulate's Visa Section has a Fraud Prevention Unit, or FPU. The FPU at the consulate in Egypt has been know to make visits to the home of the beneficiary's parents and interview them about the relationship.

In your relationship, the consulate will consider the cultural standards and traditions of Haiti when considering whether your relationship is bona fide.

[tenderheartusa79 14]

my case got sent back since 7 mounths , afer they approve us at the interview and every thing went fine , but after that with 1 mounth i got my passport with a visa but there was astamp over my visa says cancled without prejudice !!! and aletter say they dont belive in our relation and our case got sent back !!!! , we contact the sentor and make inquirey we got the same answer .

the quiz is : i feel its becuse my stuibed mistake cuse when we sent the k1 application we was engaged but dont had cermony yet which is common here to have a cermony , and we explain this when we sent my medical and write for them the true which was : that my family wasnt approve our relation 100 % at the beginig but they was ok , and they make for us a cermony after we send our i-129 with 4 mounth and we provide the embassy with out egagment party pic with this letter , actualy we say the true which i know it was so stuibed of us , but the done is done

did any body think thats why they send or case back ????? and they notice this after they issue for me the visa thats why they stamp it like this ???

thanks my frindes

How are ya bro ? I hope that everything is going ok with ya .

Did you get married yet ? As i told you before it would be a good idea to get married and apply for CR1 .K1 visa is the worst visa ever .Its just waste of money and time .

And well bro i heard-from someone who work for USCIS- that USCIS is no longer reviewing k1 visa .Which means there is no NOID for k1 visa anymore .They just reviewing the married visa !!

Good luck and my best wishes for ya

[Gary and Alla 3,694]

Because they changed their decision after the interview, it's likely it was because of something they discovered after the interview. The only other explanation would be that the visa section chief decided to override the decision of the consular officer without any new evidence, and deny the visa. If this is what happened then this is the first time I've heard of it happening.

They knew about the engagement ceremony situation at the interview, but they still approved it. It's not likely that would be the reason they reversed the decision. You said that the letter mentioned they didn't believe your relationship. Usually, this means they think the relationship is a sham for the purpose of obtaining an immigration benefit. Apparently, whatever made them believe this was something they discovered after the interview.

I'm surprised they sent you a letter essentially accusing you of a sham relationship, but still canceled the visa "without prejudice".

Do you have any family members that still strongly disapprove of your relationship? Any chance one of them might have sent a letter to the consulate claiming you were scamming for a visa and a green card?

Except that "without prejudice" means only that they are not barred from applying for another visa, NOT that they can necessarily apply for a K-1 visa. I have worked with a case where a spouse's AOS was denied "without prejudice" because they had left the country after arriving on a K-1 and getting married here, but before receiving an AP. They were NOT able to just file another I-485, but there was no bar to the USC filing an I-130 for a CR-1, which is what they successfully did.

The OP needs to find the exact reason and then correct it. Getting married and filing for a CR-1 may not correct the problem.

[JimVaPhuong 4,863]

Except that "without prejudice" means only that they are not barred from applying for another visa, NOT that they can necessarily apply for a K-1 visa. I have worked with a case where a spouse's AOS was denied "without prejudice" because they had left the country after arriving on a K-1 and getting married here, but before receiving an AP. They were NOT able to just file another I-485, but there was no bar to the USC filing an I-130 for a CR-1, which is what they successfully did.

The OP needs to find the exact reason and then correct it. Getting married and filing for a CR-1 may not correct the problem.

In a legal case, the term "without prejudice" means different things, depending on whether it's used by a participant (litigant, petitioner, respondent, defendant, etc.) or an adjudicator (judge and/or jury).

When it's used by a participant it means they are not admitting any guilt or culpability, and are not giving up any rights. For example, when a respondent proposes a settlement of a lawsuit without admitting the basis of the suit actually has any merit, or that they are actually liable for the damages claimed, then they do so "without prejudice". If the settlement proposal is rejected then the petitioner can't use the proposed settlement as evidence against the respondent.

When it's used by an adjudicator it means that the decision is not based on the actual merits of the case. For example, if a judge tosses out a lawsuit because it wasn't properly filed then they do so "without prejudice". No decision was made on the merits of the case, so the petitioner may be able to refile.

In the case you mentioned, the AOS was denied because the applicant simply wasn't eligible to adjust status on the basis claimed. The IO never considered the merits of the case, so it was denied "without prejudice". The applicant was eligible to refile, this time using the proper basis of eligibility.

In the OP's case, he mentioned that the consulate's letter said they didn't believe his relationship was legitimate. This sounds like the reason for revoking the approval of the visa was based on considering the merits of his case, and that the decision was not "without prejudice". If they cite 212(a)(6)(C ) as the reason for returning the petition to USCIS then there is certainly "prejudice" in the decision, and it could affect the OP's eligibility to submit a future visa application.

[a loves a 0]

Every consulate's Visa Section has a Fraud Prevention Unit, or FPU. The FPU at the consulate in Egypt has been know to make visits to the home of the beneficiary's parents and interview them about the relationship.

i never hear about the home visit before , i think they had no right to go to people home , they will not gonna waste time and money either they would deny it insted , thats my personal oppanion any way

[a loves a 0]

How are ya bro ? I hope that everything is going ok with ya .

Did you get married yet ? As i told you before it would be a good idea to get married and apply for CR1 .K1 visa is the worst visa ever .Its just waste of money and time .

And well bro i heard-from someone who work for USCIS- that USCIS is no longer reviewing k1 visa .Which means there is no NOID for k1 visa anymore .They just reviewing the married visa !!

Good luck and my best wishes for ya

hey brother

ya we already get married since 5 mounths now after my case sent back but we care to much to know why they send our case back before we file again , we worried alot if they deny our cr1 like the do with our k1 before !!!!

why you think the cr1 is better ??? in which ground ?????

thanks alot

[a loves a 0]

Except that "without prejudice" means only that they are not barred from applying for another visa, NOT that they can necessarily apply for a K-1 visa. I have worked with a case where a spouse's AOS was denied "without prejudice" because they had left the country after arriving on a K-1 and getting married here, but before receiving an AP. They were NOT able to just file another I-485, but there was no bar to the USC filing an I-130 for a CR-1, which is what they successfully did.

The OP needs to find the exact reason and then correct it. Getting married and filing for a CR-1 may not correct the problem.

so whats your advice please ?

by the way we already married after my case got sent back but we need to know why they did this to begin with ?

did you think we still had hope ??

In a legal case, the term "without prejudice" means different things, depending on whether it's used by a participant (litigant, petitioner, respondent, defendant, etc.) or an adjudicator (judge and/or jury).

When it's used by a participant it means they are not admitting any guilt or culpability, and are not giving up any rights. For example, when a respondent proposes a settlement of a lawsuit without admitting the basis of the suit actually has any merit, or that they are actually liable for the damages claimed, then they do so "without prejudice". If the settlement proposal is rejected then the petitioner can't use the proposed settlement as evidence against the respondent.

When it's used by an adjudicator it means that the decision is not based on the actual merits of the case. For example, if a judge tosses out a lawsuit because it wasn't properly filed then they do so "without prejudice". No decision was made on the merits of the case, so the petitioner may be able to refile.

In the case you mentioned, the AOS was denied because the applicant simply wasn't eligible to adjust status on the basis claimed. The IO never considered the merits of the case, so it was denied "without prejudice". The applicant was eligible to refile, this time using the proper basis of eligibility.

In the OP's case, he mentioned that the consulate's letter said they didn't believe his relationship was legitimate. This sounds like the reason for revoking the approval of the visa was based on considering the merits of his case, and that the decision was not "without prejudice". If they cite 212(a)(6)(C ) as the reason for returning the petition to USCIS then there is certainly "prejudice" in the decision, and it could affect the OP's eligibility to submit a future visa application.

so would you please tell me what will happend to me in my case and what we need to do and what the options left ???

thanks for your care and time