Returning Petitions to the United States via 221g

[pixie1846 0]

please pin this topic...... we were returned 3 weeks ago

[morocco4ever 63]

please pin this topic...... we were returned 3 weeks ago

It has been pinned. Have you read through the thread so you know what you should be doing?

[R and F 34]

please pin this topic...... we were returned 3 weeks ago

Please fill in a timeline and tell us a bit of yourself.

thanks

Edited June 1, 2009 by Rosie and Farid

[Aniomaman 0]

please pin this topic...... we were returned 3 weeks ago

Please fill in a timeline and tell us a bit of yourself.

thanks

Please what happens when a case if reaffirmed? Is there a timeline people who have been thru it can share...just want to get an overview of the uphill task we still face when we get there...lol.

[morocco4ever 63]

please pin this topic...... we were returned 3 weeks ago

Please fill in a timeline and tell us a bit of yourself.

thanks

Please what happens when a case if reaffirmed? Is there a timeline people who have been thru it can share...just want to get an overview of the uphill task we still face when we get there...lol.

We were sent the NOIR at the end of July, which I responded to rather quickly. Our case was reaffirmed sometime the beginning of August. They sent it to the NVC, and they forwarded it to the consulate. My husband had his second interview in early November. He would have been issued the visa the following day but the Doctor didn't have a copy of his physical, so he had to do it again. He got the visa in December.

I hope this helps.

BTW, I was just looking at your timeline on your siggy. Are you waiting for the NOIR for the K-1? Weren't they expiring them all? Is your case still pending? I would have thought that you would have had to refile.

Edited June 4, 2009 by morocco4ever

[~kiyah~ 14]

I have heard cases where a K1 that was originally approved in Vermont not expiring. CSC was expiring them, then recently CSC started reviewing them again. VSC seems to have stayetd with the "review them" mentality without letting them just expire.

There are huge discrepancies between these 2 service centers in respect to how they handle returned K1s so, it really does not suprise me if this is the case.

I would however contact my senator/congressman as well as the Ombudsman if your file really was returned in September of 2007.

At this point I would be demanding the file be expired so you can be free to refile again. I seriously would marry and file for a spousal visa, and not file another K1...I realize this is a personal preference however.

If you do not know who your congressman/senator is, use the following links to find out who represents your area:

US Congressional Representatives (By State)

US Senators (By State)

While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines

USCIS OMBUDSMAN

Good luck to you.

~kiyah~

[Aniomaman 0]

please pin this topic...... we were returned 3 weeks ago

Please fill in a timeline and tell us a bit of yourself.

thanks

Please what happens when a case if reaffirmed? Is there a timeline people who have been thru it can share...just want to get an overview of the uphill task we still face when we get there...lol.

We were sent the NOIR at the end of July, which I responded to rather quickly. Our case was reaffirmed sometime the beginning of August. They sent it to the NVC, and they forwarded it to the consulate. My husband had his second interview in early November. He would have been issued the visa the following day but the Doctor didn't have a copy of his physical, so he had to do it again. He got the visa in December.

I hope this helps.

BTW, I was just looking at your timeline on your siggy. Are you waiting for the NOIR for the K-1? Weren't they expiring them all? Is your case still pending? I would have thought that you would have had to refile.

As God would have it, we were not asked for additional evidence(though we had a pile of it waiting to dump on them)...so didn't get NOIR, just a surprising email from CRIS saying case reaffirmed and sent to DOS for visa processing. We just left them to it because it was obviously a case of a COSOF who wanted to usurp 'power' which he felt he had plus myself and my fiancee are both from an African country which has high rate of fraud though I live in the UK...so glad it didn't affect our relationship most of all. So what do you guys think we need to prepare for this? We don't want to give them another excuse to send that case back!...LOL.

Open to suggestions and any advice...Gracias!

[morocco4ever 63]

please pin this topic...... we were returned 3 weeks ago

Please fill in a timeline and tell us a bit of yourself.

thanks

Please what happens when a case if reaffirmed? Is there a timeline people who have been thru it can share...just want to get an overview of the uphill task we still face when we get there...lol.

We were sent the NOIR at the end of July, which I responded to rather quickly. Our case was reaffirmed sometime the beginning of August. They sent it to the NVC, and they forwarded it to the consulate. My husband had his second interview in early November. He would have been issued the visa the following day but the Doctor didn't have a copy of his physical, so he had to do it again. He got the visa in December.

I hope this helps.

BTW, I was just looking at your timeline on your siggy. Are you waiting for the NOIR for the K-1? Weren't they expiring them all? Is your case still pending? I would have thought that you would have had to refile.

As God would have it, we were not asked for additional evidence(though we had a pile of it waiting to dump on them)...so didn't get NOIR, just a surprising email from CRIS saying case reaffirmed and sent to DOS for visa processing. We just left them to it because it was obviously a case of a COSOF who wanted to usurp 'power' which he felt he had plus myself and my fiancee are both from an African country which has high rate of fraud though I live in the UK...so glad it didn't affect our relationship most of all. So what do you guys think we need to prepare for this? We don't want to give them another excuse to send that case back!...LOL.

Open to suggestions and any advice...Gracias!

That is great! That means just what you said, the USCIS didn't agree with whatever it was that the case was sent back for.

I wouldn't rest easy on that however. More than likely they will just give the visa now, but there is always a chance that they will find another reason to send it back. I have seen that done in one case, but the majority of the time I have seen them issue the visa.

The key now is to prepare for a new police report and medical form. Have a new I-864, proof of employment, bank records, etc. My husband told me that they also wanted the birth certificate again because things there expire (stupid). In our second interview that is all they wanted. I would certainly be prepared to provide more evidence of an ongoing relationship just in case they ask.

[Twisted K 2]

Congratulations, Just Chillin!! Sounds like good news

I am getting ready to file my I130 and am seeking advice on what to include in my cover letter. how to rebutt in a nice, civilized way. Any suggestions??

[LUISH 0]

Hello to everyone that has made this thread a very important one , specially since there is very little information a person can get, I 've read many different forums, but finally I came acrross this one, which I found it to be veri informative., I 've read every and each page written on thsi thread, now my situation, and questions.

To begin with, I ust tell you that this is a K-1 petition, I have a 3 yrs. relationship with my girl, she lives in Colombia, i met her thru her sister which i met in also in the internet thru a website to find friends around the world. Well, we were introduced in 2006, and after a couple of mos. chatting with becanme cyber boyfriend and girlfriend, in august 2006 I met her in person, as well as her family, went back to visit her in nov-2006 and proposed to her , eventually filed a K-1 petition in march 2007, petition that went smoothly and had an interview on setp, 2007, visa granted, she arrived here in usa on octo-2007 and we were planning our wedding when we received news tht my girl;s grandmother had gotten very ill, situation that made my girl very stressed and could not cope with that, eventually we talked and decided for her to go back to colombia in dec-2007, we did not get married, we knew she was gonna loose her visa, but care very little , her grandmother was sick and thta was all we care for, and well, me i cared for her, i could not keep her or retained her here when she was so depressed about it, our relatioship kept on going and on february 2008 I visited her again, but this time my older sister went on the trip with, her reason to go was that one of my girl's sister works at a clinic were they perform lipo and breast reduction surgeries , my sister was offered a good price and decide to go thru it, well, during the days that we were in colombia, my sister met my girl's brother, who is 16 yrs. younger than my sister, but I'm noit in any position to forbid my sister to tell who to date, well, this relationship became offical, and my sister decided to pursue the same K-1 visa for him, something that she did on august 2008, by the way, my sister has visited her man 7 times in one year, and has enough evidence to show, but none were good enough to them since it looked like they had already made their minds up that it was a fraude.in the meantime me and my girl decided it was time for us to re-file and went with the K -1 petition, we did oin sept 2008 ( a month apart from my sister's petition), everything went smooth , except both petitions spent : my sister was stuck on NVC for AR for 50 days, and my petition got stuck as well, byt ofr only 35 days, interview time came and my sister petition was given a date of april 30, she was present during this interview, form the very begininig they were mistreated, and they did not believe that their relationship was real, the result was: No visa granted and a paper given specifying that visa was diened due to no enough evidence, they chekmarked a paragraph wich consist of the following: 212 (a)(5) (a), and said thier petition would be sent back to USCIS for a final decision, then a month later my gir;s interview was set, I also was present at her interview, and everythgin went well until I was called to the window and were asked questions about my sister case, they told me straight up that they did not believe my sister's relationship was n ot real, it was a fraude. I responded that it was not, and maintained the same answer thru the interview, they even told this that my gir's visa depended on my answer and what they wanted to heard, the also said that my grils would get her visa if I told them who set up my sister's relationship. At the end my girl did not her visa and we were given a white form where it says that they need my presence again and also check mark a blank square "OTHER" and wrote down this: " YOU ARE WELCOME TO REQUEST ANOTHER INTERVIEW WHEN YOU ARE READY TO DISCUSS YOUR SIBBLMING;S CASE", and they close the window and interview was over. This happened on May 21, and since then I've trying to find a way to resolve this situation, i read many things but finally found this thread and got lot os information, before I forget, I was told I have a year to re-schedule a new interview, .

Now my questions:

I understand my sister's petition would eventually expire, as a matter of fact she told her case was good only til May 26th, and I understand she has to request a letter where is expressed that her case is closed and then go on with her plans of getting married, who does she have to write to to request such letter,? I also understand that her case might not be back yet, and she mayneed to wait , she is planning to get married and file a new petition CR !, how long do you think she should wait before doing this?, and if it is recommended for her to wait for such letter to file petition, including a copy of that letter...

On my case, if different: what do you suggest I should do, same as my sister I know my case will expire soon, now do you think my ccase expiration time will be extended since is still at the american embassy in Colombia?

what can I do to fight back , since they told me they are convinced my case is real, there was no doubt about it, the problem was they did not believe us when we said that my sister's case was legit.

I need guidance , i've read a lot of info, and nowhere in those documents found something that can explain why my girl did not get her visa, and only their statement that says they need me to tell them that my sister case is a fraud...

Please help with this, I'm planning to re-schedule by the end of July, as money is difficul to come by

I'll appreicte any info, advice and guidance

THANKS

LUISH

[morocco4ever 63]

The problem came when your sister petitioned for her brother. They denied us initially because they thought that his sister arranged our marriage. When you look through the eyes of a CO this entire situation does look pretty odd, even though it is entirely innocent.

Have you contacted your senator or congressman's office? I think that would be your first step to take on this mess.

[Aniomaman 0]

The problem came when your sister petitioned for her brother. They denied us initially because they thought that his sister arranged our marriage. When you look through the eyes of a CO this entire situation does look pretty odd, even though it is entirely innocent.

Have you contacted your senator or congressman's office? I think that would be your first step to take on this mess.

I totally agree with you there, it does look fishy and it will take a lot to convince them. You now need to contact your senator to follow up on this and you just need to pray it goes well 'cos it looks like their mind is all made up that it was arranged. All the best

[LUISH 0]

The problem came when your sister petitioned for her brother. They denied us initially because they thought that his sister arranged our marriage. When you look through the eyes of a CO this entire situation does look pretty odd, even though it is entirely innocent.

Have you contacted your senator or congressman's office? I think that would be your first step to take on this mess.

I totally agree with you there, it does look fishy and it will take a lot to convince them. You now need to contact your senator to follow up on this and you just need to pray it goes well 'cos it looks like their mind is all made up that it was arranged. All the best

Thnaks for your replies, I have contacted one of the senator via e'mail, but so far no answer yet, I will doit again, and this time I'm gonna write to both senators, I know persistence is the key, I have also written to our governor here in Florida but he referred me to our senators too, so this what Im doing.

Now besides doing these things, and according to what I have read, my sister can wait for her case to be closed and then follow up with marriage, by the way both petitions were file thru Vermont, she is waiting to find out where her papers are at, depending of the time she will either file an appeal, or seek to get that letter which specifies her case being closed.

My situation is different, since my papers are still in Colombia, and still have a chance to get my girl's visa, but so far the best thing I believe I can do is go over there, face them and keep saying the truth about my sister's relationship, bring all the evidences, and finally show them that nowhere in the K 1 policies exists such a thing where it says that they can't give my grils a visa due to someone elses relationship, of course I'm still trying to talk to senator, governos, etc. but if at the end that's all I can do , then be it.

Wel, I do appreciate any comment, advice or guidance that you can proide me, I will post of anything new that happens on either case, oohhh by the way I contacted a couple of lawyers and inreality these people can't do nothing for me, they have no experience with a case like mine and I'm not about to pay a thousand dollars for something that I can do myself.

THANKS

LUISH

[morocco4ever 63]

Have you tried your congressman? They can also assist you. And don't settle for waiting for an email, give them a call. You will need to fill out a form that gives them permission to inquire on your case. I found mine on the reps website. Don't wait for it, go for it.

How sad that she had the visa, then had to return. I hope you have physical evidence of this to send to the rep. This will give them more credibility on your relationship.

[Aniomaman 0]

Contact your senator by phone or fax as they cannot take up your case with only an email. I believe if the case is still at the embassy then you stand a good chance of having it overturned, if they were that sure it was fraud they would have sent it back. They are hoping you will tell them what they want and sending it back with a silly excuse such as this will just be callous. Ours was sent back for reasons we still don't know but they must have been really flimsy for USCIS to reaffirm it without asking for additional evidence. Just be positive and if you believe in God, now is the time to pray. All the best.

P:S

Don't waste your money on lawyers, they have no clue most of the time and most times end up messing up your case. I think experience is the best teacher, a lot on here have been through it and they can tell you how they made it.

Edited June 9, 2009 by Justchillin