Returning Petitions to the United States via 221g

[~kiyah~ 14]

For those of you who remember me, you all told me not to refile until USCIS ruled on our first case; I ignored that advise and followed my attorney into unknown territory. I filed a new K-1 and my husband is here now!!!!!

Desperate times call for desperate measures.

I'm still waiting for USCIS to respond to my rebuttal of our first K-1 denial from April 2007.

I sent them everything in January 2008. My case is STILL pending.

Morocco is probably hip to this, so refiling there with a pending petition won't work, but it may work at other embassies where the fraud isn't as much of a problem....and I would advise ANYONE working with another consulate that is not a high fraud post to REFILE!!!

It will be interesting to see how long USCIS finally takes to rule on our first petition.....we originally filed October 2006. If I had waited, I probably would have jumped off a roof somewhere by now. We got married in September of last year and I coudn't be happier.

Hi, congratulations first off. What was your first K1 sent back for? What steps did you do to resolve? We were considering re-filing for a K1, but now are leaning towards getting married in September and filing for CR1. Your input is greatly appreciated, as you are the first K1 I have heard that refiled a K1 and received a visa. Very intriguing.

Honestly, I would not recommend just refiling the K1. If you can swing the CR1, you should do it, this is exactly what we did. However, key to our filing for the CR1 was that the returned K1 was officially CLOSED due to expiration by the USCIS. This gave us the green light to refile the K1, or get married and file a CR1. We chose to take the extra time to get married and file a CR1, not a K3. We wanted them to know we were serious, and we also didn't want the hassle of AOS once he got here, we had been through enough with our returned K1.

If you are wanting to get married and file the CR1, key to this is going to be the K1 closure. Even if you just refile either petition type, the USCIS will most likely approve it. It is the cosulate that will be the problem. They are going to want an answer to the file they returned previously, regardless. They would interview the beneficiary for the new file, BUT they can place it on hold until they get word on the returned file which is why it is important to have closure on that K1 before moving forward. Otherwise you do run the risk of wasting time, money, and causing further delays on the consulate end.

Our K1 was closed due to expiration, and we had the letter stating such as well as a letter from our lawyer addressing that returned file included in our CR1 petition so there was no room for questions regarding the returned petition. I do have a few questions:

How long ago was your K1 returned?

What type of notice have you received since it was returned?

Which service center is handling this returned file?

~kiyah~

Hi, Wendy, thanks for the update. Again, amazing. Hi, Kiyah, long time Well, India said they returned our petition on December 29. I tried with the senators, and myself making numerous phone calls, faxes, and emails trying to get it kept there. All the way until I received notice on or around January 24th from NVC that they have received our case. It was returned to California USCIS on February 4 when I received an email from CRIS that they have my petition with a request to review, http://www.visajourney.com/forums/index.php?showtopic=176749 . I now have the hard copy I-797C as of Feb 9. I have since, emailed Marc Ellis who told me to either refile the K1, or get married and file the CR1. Said at this moment, USCIS is no longer reviewing returned petitions after the expiration date. He also stated to never, ever withdraw the petition, which is what my current attorney (who admitted to me recently that he has never dealt with returned K1s only has with spouse and step-children) advised. This can also be found, thanks to Milo, fellow VJer going through the same thing on the Dept of State website. Here is the direct link to the memo: http://www.dhs.gov/xlibrary/assets/cisomb_..._2008-05-23.pdf , see page 2. I am currently in contact with my senators (in queue once again, of course) to see if they can get the "official" expiration notice.

Just another side note, our case was to expire on December 4. He had his interview on November 12, given 221g, we responded by November 14. They reviewed our information, or not, on December 17. Didn't believe we had a valid engagement/relationship, and would not extend the expiration.

Again, Kiyah, thanks for your unlimited wisdom, I would not wish this heartache on my worst enemy.

kaushalia

I think you are on the right track...get that official closure letter then decide which filing is best for you, if you can swing hiring "a good immigration lawyer familiar with returned/denied familiy petitions/applications" to assist you in filing the new petition, do it. This is exactly what we did, and we do not regret that decision for one second.

I can also give you some advice on how to prepare the new filing. As I mentioned in a previous post, we treated the new file as if it were a rebuttal to the returned petition, with our attorney letter on top of everything, which did include information regarding the original returned petition/application and his interview as well as why I was NOT filing for a non-immigrant petition for my husband. It was immigrant all the way and we were never backing down.

The new file for the CR1 was 4 inches thick, it contained 3 years worth of quality evidence that was organized in a way to make it very easy for the USCIS to adjudicate as well as the consulate to review before the interview...we left no stone unturned, and no room for doubt by a reasonable human being. My husband carried a full copy of the petition filed as well as all additional evidence gathered from the time it was filed up to his interview date to his interview with him. His interview was less than 15 minutes, the CO only asked about 5 or 6 basic questions before telling him he was approved pending background checks, she said she didn't even need the additional evidence but was impressed he brought everything with him.

So...which ever petition you choose, I can tell you how we filed ours, and how it was organized. Stay on your senator on getting that closure letter, it really is best. Do not hire that lawyer who says to withdraw the petition, he is clueless, fire him and move on. Ellis knows what he is talking about and he is correct...the record shows that USCIS especially Cali is not reviewing expired returned K1s, so getting that closure letter from them is what you need to move on "safely."

Good luck to you, and PM me if you have any questions at all. Take care

~kiyah~

[laurarajesh 0]

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Hello kiyah

i just called USCIS. they said they recived my case back. and they sent another I-797.and she told it can take 120 days to review. any one know about this.we still not recived I797 but it online updated. please advise

[~kiyah~ 14]

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Hello kiyah

i just called USCIS. they said they recived my case back. and they sent another I-797.and she told it can take 120 days to review. any one know about this.we still not recived I797 but it online updated. please advise

Well, this is a returned K3 correct? Even though this is a non-immigrant visa petition and does technically have an expiration date, K3s are treated more seriously than the returned K1.

Has the I-130 been approved yet?

The reason I ask is a few returned K3s I know of were handled by forcing the I-130 through to approval and then interview at the consulate. The petitioner worked with their senator/congressman to force the I-130 petition to adjudication at the USCIS and contacted the USCIS and NVC to add evidence to that petition before being sent to the consulate for an interview. This has worked for a few that I know of, but it did take quite a bit of work and staying on their senate/congress contacts to be sure they were doing what was needed.

Otherwise, you will need to wait out the return process on this K3, and rebut the consular findings when the NOIR/NOID comes. One thing I know for sure is you should not refile this K3 because of the open returned K3 and open I-130.

Now, please remember I am not an attorney, all information I provide is merely based on research and the personal experiences of myself and many others who have faced this process. Real advice needs to come from an immigration attorney who has proven experience with returned/denied family petition/applications.

I would definitely contact a lawyer and discuss the I-130 and how to add evidence to that petition before it goes to the consulate for an interview. Even if you are waiting out the K3 return process, the I-130 is still out there waiting for its' adjudication, and it will be treated as a new petition by both government entities.

If this is the path chosen, this evidence should address any possible red flag this case may have which could be the reason for the return as well as provide additional "new" evidence of the relationship/marriage. This way when the I-130 goes to the consulate for an interview, they have more information and evidence in front of them before the interview even happens...this can reduce your chances of another returned petition/application.

In my personal opinion, if you do nothing with the I-130 and it gets approved by the USCIS and goes to the consulate for an interview then they can return the I-130 for the same reason(s) as they returned the K3 especially if they do not have new evidence in front of them before that interview...so be proactive and speak to an attorney about chasing that down and adding to it as I mentioned before it goes to the consulate.

Again, an experienced immigration attorney who has proven experience with returned/denied family petition/applications can assist you with this. I would also be asking this attorney how to attach a G-28 to an already submitted I-130 so the consulate knows you have legal representation. Sure the DOS says that this does not matter...however, I beg to differ. It sure can't hurt.

PM me if you have any questions.

~kiyah~

[Twisted K 2]

For those of you who remember me, you all told me not to refile until USCIS ruled on our first case; I ignored that advise and followed my attorney into unknown territory. I filed a new K-1 and my husband is here now!!!!!

Desperate times call for desperate measures.

I'm still waiting for USCIS to respond to my rebuttal of our first K-1 denial from April 2007.

I sent them everything in January 2008. My case is STILL pending.

Morocco is probably hip to this, so refiling there with a pending petition won't work, but it may work at other embassies where the fraud isn't as much of a problem....and I would advise ANYONE working with another consulate that is not a high fraud post to REFILE!!!

It will be interesting to see how long USCIS finally takes to rule on our first petition.....we originally filed October 2006. If I had waited, I probably would have jumped off a roof somewhere by now. We got married in September of last year and I coudn't be happier.

Hi, congratulations first off. What was your first K1 sent back for? What steps did you do to resolve? We were considering re-filing for a K1, but now are leaning towards getting married in September and filing for CR1. Your input is greatly appreciated, as you are the first K1 I have heard that refiled a K1 and received a visa. Very intriguing.

Honestly, I would not recommend just refiling the K1. If you can swing the CR1, you should do it, this is exactly what we did. However, key to our filing for the CR1 was that the returned K1 was officially CLOSED due to expiration by the USCIS. This gave us the green light to refile the K1, or get married and file a CR1. We chose to take the extra time to get married and file a CR1, not a K3. We wanted them to know we were serious, and we also didn't want the hassle of AOS once he got here, we had been through enough with our returned K1.

If you are wanting to get married and file the CR1, key to this is going to be the K1 closure. Even if you just refile either petition type, the USCIS will most likely approve it. It is the cosulate that will be the problem. They are going to want an answer to the file they returned previously, regardless. They would interview the beneficiary for the new file, BUT they can place it on hold until they get word on the returned file which is why it is important to have closure on that K1 before moving forward. Otherwise you do run the risk of wasting time, money, and causing further delays on the consulate end.

Our K1 was closed due to expiration, and we had the letter stating such as well as a letter from our lawyer addressing that returned file included in our CR1 petition so there was no room for questions regarding the returned petition. I do have a few questions:

How long ago was your K1 returned?

What type of notice have you received since it was returned?

Which service center is handling this returned file?

~kiyah~

Hi, Wendy, thanks for the update. Again, amazing. Hi, Kiyah, long time Well, India said they returned our petition on December 29. I tried with the senators, and myself making numerous phone calls, faxes, and emails trying to get it kept there. All the way until I received notice on or around January 24th from NVC that they have received our case. It was returned to California USCIS on February 4 when I received an email from CRIS that they have my petition with a request to review, http://www.visajourney.com/forums/index.php?showtopic=176749 . I now have the hard copy I-797C as of Feb 9. I have since, emailed Marc Ellis who told me to either refile the K1, or get married and file the CR1. Said at this moment, USCIS is no longer reviewing returned petitions after the expiration date. He also stated to never, ever withdraw the petition, which is what my current attorney (who admitted to me recently that he has never dealt with returned K1s only has with spouse and step-children) advised. This can also be found, thanks to Milo, fellow VJer going through the same thing on the Dept of State website. Here is the direct link to the memo: http://www.dhs.gov/xlibrary/assets/cisomb_..._2008-05-23.pdf , see page 2. I am currently in contact with my senators (in queue once again, of course) to see if they can get the "official" expiration notice.

Just another side note, our case was to expire on December 4. He had his interview on November 12, given 221g, we responded by November 14. They reviewed our information, or not, on December 17. Didn't believe we had a valid engagement/relationship, and would not extend the expiration.

Again, Kiyah, thanks for your unlimited wisdom, I would not wish this heartache on my worst enemy.

kaushalia

I think you are on the right track...get that official closure letter then decide which filing is best for you, if you can swing hiring "a good immigration lawyer familiar with returned/denied familiy petitions/applications" to assist you in filing the new petition, do it. This is exactly what we did, and we do not regret that decision for one second.

I can also give you some advice on how to prepare the new filing. As I mentioned in a previous post, we treated the new file as if it were a rebuttal to the returned petition, with our attorney letter on top of everything, which did include information regarding the original returned petition/application and his interview as well as why I was NOT filing for a non-immigrant petition for my husband. It was immigrant all the way and we were never backing down.

The new file for the CR1 was 4 inches thick, it contained 3 years worth of quality evidence that was organized in a way to make it very easy for the USCIS to adjudicate as well as the consulate to review before the interview...we left no stone unturned, and no room for doubt by a reasonable human being. My husband carried a full copy of the petition filed as well as all additional evidence gathered from the time it was filed up to his interview date to his interview with him. His interview was less than 15 minutes, the CO only asked about 5 or 6 basic questions before telling him he was approved pending background checks, she said she didn't even need the additional evidence but was impressed he brought everything with him.

So...which ever petition you choose, I can tell you how we filed ours, and how it was organized. Stay on your senator on getting that closure letter, it really is best. Do not hire that lawyer who says to withdraw the petition, he is clueless, fire him and move on. Ellis knows what he is talking about and he is correct...the record shows that USCIS especially Cali is not reviewing expired returned K1s, so getting that closure letter from them is what you need to move on "safely."

Good luck to you, and PM me if you have any questions at all. Take care

~kiyah~

I am very grateful for your help. I have added you on my friends list, and will definitely PM you. I have several questions. I can't wait to get started, but I guess we can't file the i-130 before we are even married, hahaha. Call me crazy, but I almost feel like this will be our chance to prove to the embassy that you cannot keep true love apart. Love will always find a way

[~kiyah~ 14]

You are very welcome. I remember when this happened to us, there were literally only a couple of others here on VJ going through this process who had any information.

I am still and will always be grateful for their assistance and their willingness to share their experiences, this provided a foundation to build on to compile the information we have today. A great majority of the information we provide is from those very first members it has happened to, and any changes we have seen in the process since that time.

I'm sorry, I though this was a returned K3...there are so many this happens to, it is very easy to get confused with which post you are relpying to.

I think I have posted a ton of info on K1s, what happens and what can be done as next steps. Getting the letter of closure after expiration absolutely applies to the returned K1 before moving on. Those who have just refiled and gotten through the consulate with an issued visa without having to address the first returned K1 in my opinion have been lucky, and a lot of it does depend on the consulate location, its' fraud history and of course the CO interviewing the beneficiary. I personally did not want to take that risk given Casa's history.

I have also sent you a PM with some additional information.

~kiyah~

[laurarajesh 0]

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Hello kiyah

i just called USCIS. they said they recived my case back. and they sent another I-797.and she told it can take 120 days to review. any one know about this.we still not recived I797 but it online updated. please advise

Well, this is a returned K3 correct? Even though this is a non-immigrant visa petition and does technically have an expiration date, K3s are treated more seriously than the returned K1.

Has the I-130 been approved yet?

The reason I ask is a few returned K3s I know of were handled by forcing the I-130 through to approval and then interview at the consulate. The petitioner worked with their senator/congressman to force the I-130 petition to adjudication at the USCIS and contacted the USCIS and NVC to add evidence to that petition before being sent to the consulate for an interview. This has worked for a few that I know of, but it did take quite a bit of work and staying on their senate/congress contacts to be sure they were doing what was needed.

Otherwise, you will need to wait out the return process on this K3, and rebut the consular findings when the NOIR/NOID comes. One thing I know for sure is you should not refile this K3 because of the open returned K3 and open I-130.

Now, please remember I am not an attorney, all information I provide is merely based on research and the personal experiences of myself and many others who have faced this process. Real advice needs to come from an immigration attorney who has proven experience with returned/denied family petition/applications.

I would definitely contact a lawyer and discuss the I-130 and how to add evidence to that petition before it goes to the consulate for an interview. Even if you are waiting out the K3 return process, the I-130 is still out there waiting for its' adjudication, and it will be treated as a new petition by both government entities.

If this is the path chosen, this evidence should address any possible red flag this case may have which could be the reason for the return as well as provide additional "new" evidence of the relationship/marriage. This way when the I-130 goes to the consulate for an interview, they have more information and evidence in front of them before the interview even happens...this can reduce your chances of another returned petition/application.

In my personal opinion, if you do nothing with the I-130 and it gets approved by the USCIS and goes to the consulate for an interview then they can return the I-130 for the same reason(s) as they returned the K3 especially if they do not have new evidence in front of them before that interview...so be proactive and speak to an attorney about chasing that down and adding to it as I mentioned before it goes to the consulate.

Again, an experienced immigration attorney who has proven experience with returned/denied family petition/applications can assist you with this. I would also be asking this attorney how to attach a G-28 to an already submitted I-130 so the consulate knows you have legal representation. Sure the DOS says that this does not matter...however, I beg to differ. It sure can't hurt.

PM me if you have any questions.

~kiyah~

Dear kiyah

sanater advise me to start process of I-130, he also asked NVC to status of my approved i-130. they reply him to file for duplicate i-797 of i-130. because they losed my approved 130. do u think i can add my new avidence of relationship and it will help me in my case.

thanks.

[~kiyah~ 14]

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Hello kiyah

i just called USCIS. they said they recived my case back. and they sent another I-797.and she told it can take 120 days to review. any one know about this.we still not recived I797 but it online updated. please advise

Well, this is a returned K3 correct? Even though this is a non-immigrant visa petition and does technically have an expiration date, K3s are treated more seriously than the returned K1.

Has the I-130 been approved yet?

The reason I ask is a few returned K3s I know of were handled by forcing the I-130 through to approval and then interview at the consulate. The petitioner worked with their senator/congressman to force the I-130 petition to adjudication at the USCIS and contacted the USCIS and NVC to add evidence to that petition before being sent to the consulate for an interview. This has worked for a few that I know of, but it did take quite a bit of work and staying on their senate/congress contacts to be sure they were doing what was needed.

Otherwise, you will need to wait out the return process on this K3, and rebut the consular findings when the NOIR/NOID comes. One thing I know for sure is you should not refile this K3 because of the open returned K3 and open I-130.

Now, please remember I am not an attorney, all information I provide is merely based on research and the personal experiences of myself and many others who have faced this process. Real advice needs to come from an immigration attorney who has proven experience with returned/denied family petition/applications.

I would definitely contact a lawyer and discuss the I-130 and how to add evidence to that petition before it goes to the consulate for an interview. Even if you are waiting out the K3 return process, the I-130 is still out there waiting for its' adjudication, and it will be treated as a new petition by both government entities.

If this is the path chosen, this evidence should address any possible red flag this case may have which could be the reason for the return as well as provide additional "new" evidence of the relationship/marriage. This way when the I-130 goes to the consulate for an interview, they have more information and evidence in front of them before the interview even happens...this can reduce your chances of another returned petition/application.

In my personal opinion, if you do nothing with the I-130 and it gets approved by the USCIS and goes to the consulate for an interview then they can return the I-130 for the same reason(s) as they returned the K3 especially if they do not have new evidence in front of them before that interview...so be proactive and speak to an attorney about chasing that down and adding to it as I mentioned before it goes to the consulate.

Again, an experienced immigration attorney who has proven experience with returned/denied family petition/applications can assist you with this. I would also be asking this attorney how to attach a G-28 to an already submitted I-130 so the consulate knows you have legal representation. Sure the DOS says that this does not matter...however, I beg to differ. It sure can't hurt.

PM me if you have any questions.

~kiyah~

Dear kiyah

sanater advise me to start process of I-130, he also asked NVC to status of my approved i-130. they reply him to file for duplicate i-797 of i-130. because they losed my approved 130. do u think i can add my new avidence of relationship and it will help me in my case.

thanks.

Well, if they can locate your file (not the approval letter) then yes, they can add evidence to it. This is exactly what others have done in the past. The duplicate I-797 is needed as well though, it is needed for the interview, so definitely file for that.

In the event they are not able to locate your file, there are other things you can do such as contact the consulate directly and give them this additional evidence via overnight service, as well as bring copies of it to the interview. So, even if they can't chase your file down, you still have a chance to add to this...your senator's help is going to be key to getting this additional info into the COs hands though.

~kiyah~

[laurarajesh 0]

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Hello kiyah

i just called USCIS. they said they recived my case back. and they sent another I-797.and she told it can take 120 days to review. any one know about this.we still not recived I797 but it online updated. please advise

Well, this is a returned K3 correct? Even though this is a non-immigrant visa petition and does technically have an expiration date, K3s are treated more seriously than the returned K1.

Has the I-130 been approved yet?

The reason I ask is a few returned K3s I know of were handled by forcing the I-130 through to approval and then interview at the consulate. The petitioner worked with their senator/congressman to force the I-130 petition to adjudication at the USCIS and contacted the USCIS and NVC to add evidence to that petition before being sent to the consulate for an interview. This has worked for a few that I know of, but it did take quite a bit of work and staying on their senate/congress contacts to be sure they were doing what was needed.

Otherwise, you will need to wait out the return process on this K3, and rebut the consular findings when the NOIR/NOID comes. One thing I know for sure is you should not refile this K3 because of the open returned K3 and open I-130.

Now, please remember I am not an attorney, all information I provide is merely based on research and the personal experiences of myself and many others who have faced this process. Real advice needs to come from an immigration attorney who has proven experience with returned/denied family petition/applications.

I would definitely contact a lawyer and discuss the I-130 and how to add evidence to that petition before it goes to the consulate for an interview. Even if you are waiting out the K3 return process, the I-130 is still out there waiting for its' adjudication, and it will be treated as a new petition by both government entities.

If this is the path chosen, this evidence should address any possible red flag this case may have which could be the reason for the return as well as provide additional "new" evidence of the relationship/marriage. This way when the I-130 goes to the consulate for an interview, they have more information and evidence in front of them before the interview even happens...this can reduce your chances of another returned petition/application.

In my personal opinion, if you do nothing with the I-130 and it gets approved by the USCIS and goes to the consulate for an interview then they can return the I-130 for the same reason(s) as they returned the K3 especially if they do not have new evidence in front of them before that interview...so be proactive and speak to an attorney about chasing that down and adding to it as I mentioned before it goes to the consulate.

Again, an experienced immigration attorney who has proven experience with returned/denied family petition/applications can assist you with this. I would also be asking this attorney how to attach a G-28 to an already submitted I-130 so the consulate knows you have legal representation. Sure the DOS says that this does not matter...however, I beg to differ. It sure can't hurt.

PM me if you have any questions.

~kiyah~

Dear kiyah

sanater advise me to start process of I-130, he also asked NVC to status of my approved i-130. they reply him to file for duplicate i-797 of i-130. because they losed my approved 130. do u think i can add my new avidence of relationship and it will help me in my case.

thanks.

Well, if they can locate your file (not the approval letter) then yes, they can add evidence to it. This is exactly what others have done in the past. The duplicate I-797 is needed as well though, it is needed for the interview, so definitely file for that.

In the event they are not able to locate your file, there are other things you can do such as contact the consulate directly and give them this additional evidence via overnight service, as well as bring copies of it to the interview. So, even if they can't chase your file down, you still have a chance to add to this...your senator's help is going to be key to getting this additional info into the COs hands though.

~kiyah~

Dear kiyah

Today i called USCIS again. they told me to fill I-824 to action on approved petition.

is it mean i have to pay fees for i-824. because we already payed fee to i-130

wt is next process after fill I824

thanks

[laurarajesh 0]

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Hello kiyah

i just called USCIS. they said they recived my case back. and they sent another I-797.and she told it can take 120 days to review. any one know about this.we still not recived I797 but it online updated. please advise

Well, this is a returned K3 correct? Even though this is a non-immigrant visa petition and does technically have an expiration date, K3s are treated more seriously than the returned K1.

Has the I-130 been approved yet?

The reason I ask is a few returned K3s I know of were handled by forcing the I-130 through to approval and then interview at the consulate. The petitioner worked with their senator/congressman to force the I-130 petition to adjudication at the USCIS and contacted the USCIS and NVC to add evidence to that petition before being sent to the consulate for an interview. This has worked for a few that I know of, but it did take quite a bit of work and staying on their senate/congress contacts to be sure they were doing what was needed.

Otherwise, you will need to wait out the return process on this K3, and rebut the consular findings when the NOIR/NOID comes. One thing I know for sure is you should not refile this K3 because of the open returned K3 and open I-130.

Now, please remember I am not an attorney, all information I provide is merely based on research and the personal experiences of myself and many others who have faced this process. Real advice needs to come from an immigration attorney who has proven experience with returned/denied family petition/applications.

I would definitely contact a lawyer and discuss the I-130 and how to add evidence to that petition before it goes to the consulate for an interview. Even if you are waiting out the K3 return process, the I-130 is still out there waiting for its' adjudication, and it will be treated as a new petition by both government entities.

If this is the path chosen, this evidence should address any possible red flag this case may have which could be the reason for the return as well as provide additional "new" evidence of the relationship/marriage. This way when the I-130 goes to the consulate for an interview, they have more information and evidence in front of them before the interview even happens...this can reduce your chances of another returned petition/application.

In my personal opinion, if you do nothing with the I-130 and it gets approved by the USCIS and goes to the consulate for an interview then they can return the I-130 for the same reason(s) as they returned the K3 especially if they do not have new evidence in front of them before that interview...so be proactive and speak to an attorney about chasing that down and adding to it as I mentioned before it goes to the consulate.

Again, an experienced immigration attorney who has proven experience with returned/denied family petition/applications can assist you with this. I would also be asking this attorney how to attach a G-28 to an already submitted I-130 so the consulate knows you have legal representation. Sure the DOS says that this does not matter...however, I beg to differ. It sure can't hurt.

PM me if you have any questions.

~kiyah~

Dear kiyah

sanater advise me to start process of I-130, he also asked NVC to status of my approved i-130. they reply him to file for duplicate i-797 of i-130. because they losed my approved 130. do u think i can add my new avidence of relationship and it will help me in my case.

thanks.

Well, if they can locate your file (not the approval letter) then yes, they can add evidence to it. This is exactly what others have done in the past. The duplicate I-797 is needed as well though, it is needed for the interview, so definitely file for that.

In the event they are not able to locate your file, there are other things you can do such as contact the consulate directly and give them this additional evidence via overnight service, as well as bring copies of it to the interview. So, even if they can't chase your file down, you still have a chance to add to this...your senator's help is going to be key to getting this additional info into the COs hands though.

~kiyah~

Dear kiyah

Today i called USCIS again. they told me to fill I-824 to action on approved petition.

is it mean i have to pay fees for i-824. because we already payed fee to i-130

wt is next process after fill I824

thanks

Dear kiyah

please help us and advise me

thanks

[my choice 0]

I am protesting...I want this issue pinned!

Petitions Returned to the United States

More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.

I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????

~Kiya~

My story was so so sad. All the evidence in the world and they still sent my papers back to the United States. Please if we can get something started I am on board with assisting with whatever help is needed. You may be the answer to my prayers. I am really good a researching.

[my choice 0]

I support it 100%. I only hope that someone listens, and that this is not no lawyer trying to drain the life blood out of people that are already struggling in this cripple economy.

[abed 0]

I support it 100%. I only hope that someone listens, and that this is not no lawyer trying to drain the life blood out of people that are already struggling in this cripple economy.

my wife petition cr1 sent back on december,12 2007 to uscis for review. it's being 1 year and 3 months

i'm still in daily contact with my wife, imagine this hardship, how strong we should be ??

[laurarajesh 0]

I support it 100%. I only hope that someone listens, and that this is not no lawyer trying to drain the life blood out of people that are already struggling in this cripple economy.

my wife petition cr1 sent back on december,12 2007 to uscis for review. it's being 1 year and 3 months

i'm still in daily contact with my wife, imagine this hardship, how strong we should be ??

Dear friend

i called uscis they said they recived my case on 27 feb and they give conformation number

wt is this number and wt is it use

tn**********csc

thanks

[~kiyah~ 14]

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Hello kiyah

i just called USCIS. they said they recived my case back. and they sent another I-797.and she told it can take 120 days to review. any one know about this.we still not recived I797 but it online updated. please advise

Well, this is a returned K3 correct? Even though this is a non-immigrant visa petition and does technically have an expiration date, K3s are treated more seriously than the returned K1.

Has the I-130 been approved yet?

The reason I ask is a few returned K3s I know of were handled by forcing the I-130 through to approval and then interview at the consulate. The petitioner worked with their senator/congressman to force the I-130 petition to adjudication at the USCIS and contacted the USCIS and NVC to add evidence to that petition before being sent to the consulate for an interview. This has worked for a few that I know of, but it did take quite a bit of work and staying on their senate/congress contacts to be sure they were doing what was needed.

Otherwise, you will need to wait out the return process on this K3, and rebut the consular findings when the NOIR/NOID comes. One thing I know for sure is you should not refile this K3 because of the open returned K3 and open I-130.

Now, please remember I am not an attorney, all information I provide is merely based on research and the personal experiences of myself and many others who have faced this process. Real advice needs to come from an immigration attorney who has proven experience with returned/denied family petition/applications.

I would definitely contact a lawyer and discuss the I-130 and how to add evidence to that petition before it goes to the consulate for an interview. Even if you are waiting out the K3 return process, the I-130 is still out there waiting for its' adjudication, and it will be treated as a new petition by both government entities.

If this is the path chosen, this evidence should address any possible red flag this case may have which could be the reason for the return as well as provide additional "new" evidence of the relationship/marriage. This way when the I-130 goes to the consulate for an interview, they have more information and evidence in front of them before the interview even happens...this can reduce your chances of another returned petition/application.

In my personal opinion, if you do nothing with the I-130 and it gets approved by the USCIS and goes to the consulate for an interview then they can return the I-130 for the same reason(s) as they returned the K3 especially if they do not have new evidence in front of them before that interview...so be proactive and speak to an attorney about chasing that down and adding to it as I mentioned before it goes to the consulate.

Again, an experienced immigration attorney who has proven experience with returned/denied family petition/applications can assist you with this. I would also be asking this attorney how to attach a G-28 to an already submitted I-130 so the consulate knows you have legal representation. Sure the DOS says that this does not matter...however, I beg to differ. It sure can't hurt.

PM me if you have any questions.

~kiyah~

Dear kiyah

sanater advise me to start process of I-130, he also asked NVC to status of my approved i-130. they reply him to file for duplicate i-797 of i-130. because they losed my approved 130. do u think i can add my new avidence of relationship and it will help me in my case.

thanks.

Well, if they can locate your file (not the approval letter) then yes, they can add evidence to it. This is exactly what others have done in the past. The duplicate I-797 is needed as well though, it is needed for the interview, so definitely file for that.

In the event they are not able to locate your file, there are other things you can do such as contact the consulate directly and give them this additional evidence via overnight service, as well as bring copies of it to the interview. So, even if they can't chase your file down, you still have a chance to add to this...your senator's help is going to be key to getting this additional info into the COs hands though.

~kiyah~

Dear kiyah

Today i called USCIS again. they told me to fill I-824 to action on approved petition.

is it mean i have to pay fees for i-824. because we already payed fee to i-130

wt is next process after fill I824

thanks

Dear kiyah

please help us and advise me

thanks

I can't advise and/or help you in the way you are asking me to, I am not a lawyer. It really sounds like it is time for you to hire a good immigration lawyer, they have the expertise to sort these things out with you.

Once an I-130 is approved, it is forwarded on to the National Visa Center for processing. Have you not received anything from the National Visa Center on your approved I-130? Did the USCIS tell you that has been done? Do you even have the I-130 approval letter from the USCIS? These are things a good immigration lawyer and your senate contact need to help you with to get this approved I-130 on its' way.

I'm sorry, I can only provide infomation I have on the petition return process because I have personally been through it. I didn't have to force an I-130 through so I don't have specific details about exactly how to do that and what may be required for any specific case. Maybe someone who went through that will chime in and share their experience and that will help you.

Otherwise...contact a good immigration lawyer to help you with your case, I think the specifics of your case do warrant that.

~kiyah~

[laurarajesh 0]

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Hello kiyah

i just called USCIS. they said they recived my case back. and they sent another I-797.and she told it can take 120 days to review. any one know about this.we still not recived I797 but it online updated. please advise

Well, this is a returned K3 correct? Even though this is a non-immigrant visa petition and does technically have an expiration date, K3s are treated more seriously than the returned K1.

Has the I-130 been approved yet?

The reason I ask is a few returned K3s I know of were handled by forcing the I-130 through to approval and then interview at the consulate. The petitioner worked with their senator/congressman to force the I-130 petition to adjudication at the USCIS and contacted the USCIS and NVC to add evidence to that petition before being sent to the consulate for an interview. This has worked for a few that I know of, but it did take quite a bit of work and staying on their senate/congress contacts to be sure they were doing what was needed.

Otherwise, you will need to wait out the return process on this K3, and rebut the consular findings when the NOIR/NOID comes. One thing I know for sure is you should not refile this K3 because of the open returned K3 and open I-130.

Now, please remember I am not an attorney, all information I provide is merely based on research and the personal experiences of myself and many others who have faced this process. Real advice needs to come from an immigration attorney who has proven experience with returned/denied family petition/applications.

I would definitely contact a lawyer and discuss the I-130 and how to add evidence to that petition before it goes to the consulate for an interview. Even if you are waiting out the K3 return process, the I-130 is still out there waiting for its' adjudication, and it will be treated as a new petition by both government entities.

If this is the path chosen, this evidence should address any possible red flag this case may have which could be the reason for the return as well as provide additional "new" evidence of the relationship/marriage. This way when the I-130 goes to the consulate for an interview, they have more information and evidence in front of them before the interview even happens...this can reduce your chances of another returned petition/application.

In my personal opinion, if you do nothing with the I-130 and it gets approved by the USCIS and goes to the consulate for an interview then they can return the I-130 for the same reason(s) as they returned the K3 especially if they do not have new evidence in front of them before that interview...so be proactive and speak to an attorney about chasing that down and adding to it as I mentioned before it goes to the consulate.

Again, an experienced immigration attorney who has proven experience with returned/denied family petition/applications can assist you with this. I would also be asking this attorney how to attach a G-28 to an already submitted I-130 so the consulate knows you have legal representation. Sure the DOS says that this does not matter...however, I beg to differ. It sure can't hurt.

PM me if you have any questions.

~kiyah~

Dear kiyah

sanater advise me to start process of I-130, he also asked NVC to status of my approved i-130. they reply him to file for duplicate i-797 of i-130. because they losed my approved 130. do u think i can add my new avidence of relationship and it will help me in my case.

thanks.

Well, if they can locate your file (not the approval letter) then yes, they can add evidence to it. This is exactly what others have done in the past. The duplicate I-797 is needed as well though, it is needed for the interview, so definitely file for that.

In the event they are not able to locate your file, there are other things you can do such as contact the consulate directly and give them this additional evidence via overnight service, as well as bring copies of it to the interview. So, even if they can't chase your file down, you still have a chance to add to this...your senator's help is going to be key to getting this additional info into the COs hands though.

~kiyah~

Dear kiyah

Today i called USCIS again. they told me to fill I-824 to action on approved petition.

is it mean i have to pay fees for i-824. because we already payed fee to i-130

wt is next process after fill I824

thanks

Dear kiyah

please help us and advise me

thanks

I can't advise and/or help you in the way you are asking me to, I am not a lawyer. It really sounds like it is time for you to hire a good immigration lawyer, they have the expertise to sort these things out with you.

Once an I-130 is approved, it is forwarded on to the National Visa Center for processing. Have you not received anything from the National Visa Center on your approved I-130? Did the USCIS tell you that has been done? Do you even have the I-130 approval letter from the USCIS? These are things a good immigration lawyer and your senate contact need to help you with to get this approved I-130 on its' way.

I'm sorry, I can only provide infomation I have on the petition return process because I have personally been through it. I didn't have to force an I-130 through so I don't have specific details about exactly how to do that and what may be required for any specific case. Maybe someone who went through that will chime in and share their experience and that will help you.

Otherwise...contact a good immigration lawyer to help you with your case, I think the specifics of your case do warrant that.

~kiyah~

Dear friends

i got email from uscis

Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

On March 18, 2009, your document I129F, PETITION FOR FIANCE(E) was processed and mailed to the address on record. If you have not received it within 30 days of March 18, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.

any one know wt is meaning of this email.

they sais they processed but they denied or approved they not told

lol

any one know about this