Returning Petitions to the United States via 221g

[Lover89 0]

the reason of reject it was bcz of mess two questions about schools and bcz of short visit

[~kiyah~ 14]

the reason of reject it was bcz of mess two questions about schools and bcz of short visit

I am assuming the 'short visit' means a single short visit before engagement and filing a petition for the K1. This tells me the overall validity of the relationship is being questioned, the short visit having a high priority. The fact that a question was answered wrong only adds to this, but the general reason for refusal is overall validity of the relationship. You can most likely address these issues with a new spouse petition. I would suggest if at all possible visiting Morocco for at least one more time before going again to marry.

After the consulate returned our K1 in 2006, I spent a couple of weeks in Morocco before the USCIS received it. After the CSC closed our returned K1 without review, I went again to Morocco and spent a couple of weeks during the summer. I returned to Morocco in November to marry and spent a month, it took 21 days to get through the court system, then we had an additional week for a honeymoon which we spent in Marrekech before I returned to the US. Our CR1 process went smoothly, even with 8 weeks of AP before his visa was issued.

I realize not everyone can afford to spend this amount of time away from their job, but I devoted every single bit of PTO and comp time saved only to go to Morocco. We took our time, spent more time together in person, gathered even more evidence of our relationship and marriage before I filed a new petition close to 1 year after our K1 was returned. We addressed every single possible red flag directly in our original submission for the CR1, our families also were involved providing affidavits attesting to our relationship and the relationship they share with each of us.

It would be in your best interest not to rush into a new petition without spending more time together in person before marrying if at all possible. This is something the consulate will be looking for if you just refile. It will also give you an opportunity to gather additional quality evidence which you will need in addition to addressing the red flags you believe apply to your case.

Definitely speak to legal counsel if you can as I previously mentioned. If the lawyer you speak to has experience in this specific area (returned/denied petitions/applications) of family immigration, they can assist you in planning to file a spousal petition.

~kiyah~

[laurarajesh 0]

I am assuming the 'short visit' means a single short visit before engagement and filing a petition for the K1. This tells me the overall validity of the relationship is being questioned, the short visit having a high priority. The fact that a question was answered wrong only adds to this, but the general reason for refusal is overall validity of the relationship. You can most likely address these issues with a new spouse petition. I would suggest if at all possible visiting Morocco for at least one more time before going again to marry.

After the consulate returned our K1 in 2006, I spent a couple of weeks in Morocco before the USCIS received it. After the CSC closed our returned K1 without review, I went again to Morocco and spent a couple of weeks during the summer. I returned to Morocco in November to marry and spent a month, it took 21 days to get through the court system, then we had an additional week for a honeymoon which we spent in Marrekech before I returned to the US. Our CR1 process went smoothly, even with 8 weeks of AP before his visa was issued.

I realize not everyone can afford to spend this amount of time away from their job, but I devoted every single bit of PTO and comp time saved only to go to Morocco. We took our time, spent more time together in person, gathered even more evidence of our relationship and marriage before I filed a new petition close to 1 year after our K1 was returned. We addressed every single possible red flag directly in our original submission for the CR1, our families also were involved providing affidavits attesting to our relationship and the relationship they share with each of us.

It would be in your best interest not to rush into a new petition without spending more time together in person before marrying if at all possible. This is something the consulate will be looking for if you just refile. It will also give you an opportunity to gather additional quality evidence which you will need in addition to addressing the red flags you believe apply to your case.

Definitely speak to legal counsel if you can as I previously mentioned. If the lawyer you speak to has experience in this specific area (returned/denied petitions/applications) of family immigration, they can assist you in planning to file a spousal petition.

~kiyah~

[a loves a 0]

i had my interview at american embassy in cairo at 06-03-2010 about my fiance k1 visa , so i wounder why the cairo counselor refuse my fiancee visa and even after they stamp it , also after he told us we got approved at the interview ?

i just need to know what the reason for that after we call the embassy 4 times and they said its already approved , and we waiting for the dhl to send it to my fiancee home , and after that we got the passport had the visa in it but over the visa there was a stamp say cancled without prejudice , what that suppose to mean ?

and also it had a letter said , that the embassy dont convienced about our relationship , and they send our case back to usa , what that mean ?

also the passport had a pink paper said iv , what that mean ???

what they need else after all they see at the interview and i visit him 4 times and had a real relationship , and we answer all the quiz right at the interview .

what i have to do now

im here in egypt , did i have to embassy again to see whats going on , and why that happened , i dont mind really just wanna do any thing to dont loose my love of my life

if the counselor need to cancel it why he dont tell us in the beginning , why he let us happy for 1 mounth , even i was arrange for our trip back to states together and then stap us in the back ?????

any help will be appreciated

[U.S. Wendy 0]

http://www.prweb.com/releases/K1-Fiance-Visa/US-Embassy-Consulate/prweb4157054.htm

See above, this Class Action Lawsuit may be a promising development in this issue.

I have not been following the 'returned petition issue' closely because fortunately, we refiled and were granted our K-1, got married, etc. Our first petition which was denied and returned to USCIS is STILL PENDING. It's laughable really, I think it's been about three years now.

[a loves a 0]

then u mean i need to marry her even after the i-129 expires , is that what u mean ???

[KittyPollitt 284]

then u mean i need to marry her even after the i-129 expires , is that what u mean ???

Usually, I would tell someone who's received a denial to fight fight fight it, by going to the consulate and looking for answers, and contacting a congressperson, etc. But your situation is one I don't think any amount of fighting is going to resolve. The consulate had to have a REALLY REALLY good reason to do what they did- this is not something I've EVER heard of happening.

I would suggest you and your fiancee do some serious thinking about why you think they would have done this. Something came up in a background check, or online searches that made them think you are a fraud. Until you can figure out what that is, even if you marry her and file for a CR1, they're just going to deny you again. No one on Visa Journey can tell you why they did this- deep down, I'm sure you KNOW the reason this happened.. Telling us on here that you're not a fraud and how much you love her isn't going to get you that visa.. You need to come up with a plan of action to prove it to THEM, before you get married and file another petition. Either that, or your fiancee should move to Egypt, if you really want to be with her.

So, step ONE- figure out what went wrong. Don't try to lie to yourself, really think about it.

step TWO- figure out how to resolve that issue and prove them wrong.

Then worry about marrying and filing a CR1.

[~kiyah~ 14]

http://www.prweb.com...rweb4157054.htm

See above, this Class Action Lawsuit may be a promising development in this issue.

I have not been following the 'returned petition issue' closely because fortunately, we refiled and were granted our K-1, got married, etc. Our first petition which was denied and returned to USCIS is STILL PENDING. It's laughable really, I think it's been about three years now.

VERY interesting article indeed. I would like to know where they get their information though. I don't see a cited source, specifically for this statement:

"When the State Department return the affirmed K1 visa petition, DHS/USCIS will not review such returned petition, nor will they provide the visa applicant with the opportunity to rebut consular officer's findings. The applicant will not have an opportunity to appeal and in light of the P6C1 marker, may face a permanent bar to admissibility for misrepresentation."

Reason being, there is a known difference in service centers, and how they handle returned K1s. Example: Vermont has traditionally extended the original approval date, reviewed returned K1s and provided the petitioner the opportunity to rebut consular findings. California for some time was allowing the original approval date to expire, not reviewing returned K1s, and sending a letter to the petitioner stating they may file again, recently CSC has been reviewing returned K1s, giving the petitioner the opportunity to rebut consular findings.

If there has been a change in the law or even guidelines stating USCIS (regardless of service center) will not review returned K1s leaving the P6C1 marker on the beneficiary immigration record causing a possible permanent bar to admissibility for misrepresentation, I haven't seen it.

Regardless, I hope this lawsuit forces change in the way returns are handled by both the Department of Homeland Security and the Department of State as this is where the largest issue lies. I don't however have faith that it will change the way consulates challenged with a high fraud rate are handling visa applications, not just K1s, K3s and CR1/IR1s. Many consulates are using visa refusal as a way to weed out fraudulent petitions/applications 'without' real evidence of such. Only time will tell, this is definitely something to watch.

~Kiyah~

[Always+Forever 7]

VERY interesting article indeed. I would like to know where they get their information though. I don't see a cited source, specifically for this statement:

"When the State Department return the affirmed K1 visa petition, DHS/USCIS will not review such returned petition, nor will they provide the visa applicant with the opportunity to rebut consular officer's findings. The applicant will not have an opportunity to appeal and in light of the P6C1 marker, may face a permanent bar to admissibility for misrepresentation."

Reason being, there is a known difference in service centers, and how they handle returned K1s. Example: Vermont has traditionally extended the original approval date, reviewed returned K1s and provided the petitioner the opportunity to rebut consular findings. California for some time was allowing the original approval date to expire, not reviewing returned K1s, and sending a letter to the petitioner stating they may file again, recently CSC has been reviewing returned K1s, giving the petitioner the opportunity to rebut consular findings.

If there has been a change in the law or even guidelines stating USCIS (regardless of service center) will not review returned K1s leaving the P6C1 marker on the beneficiary immigration record causing a possible permanent bar to admissibility for misrepresentation, I haven't seen it.

Regardless, I hope this lawsuit forces change in the way returns are handled by both the Department of Homeland Security and the Department of State as this is where the largest issue lies. I don't however have faith that it will change the way consulates challenged with a high fraud rate are handling visa applications, not just K1s, K3s and CR1/IR1s. Many consulates are using visa refusal as a way to weed out fraudulent petitions/applications 'without' real evidence of such. Only time will tell, this is definitely something to watch.

~Kiyah~

I'm very glad to hear this....do you have any names or anything of recent ppl from CSC that have had their K1s reviewed? Would love to talk with some of them....get a rough idea of a timeline for how CSC handles the cases. Thanks for the hlp Kiyah.

Monica

[ya hayat alby ♥ 0]

Hey guys... I was wondering if you could give some advice.

My friend is Palestinian and went to marry and live there last year. After 6 months past, she applied for DCF for her husband because she wanted to go back here to have her baby and stay with her family. She left before his interview to have her baby here. While she was gone, she submitted the packet 3. They sent a letter in the mail asking her for more documentation and she e-mailed them on the 18th. Because she had her baby, she received the request late, so she replied to the letter about 2 weeks later. She asked them when they wanted her to send it and they told her to send it on the 23rd. She sent it on the 21st and they received it on the 30th.

She sent them an e-mail to confirm that they got the documentation, which they did. They said they got it on the 30th but regretted to inform her that her case was denied on the 24th. They didn't give a reason. She wrote them back freaking out because they told her to mail out her information on the 23rd. She is assuming they denied because of the documentation.

Where should she go from here? She doesn't know what the heck is going on and would rather not go back to Palestine and start over, if that is the case.

Any advice?

[illnevergetthis 5]

i had my interview at american embassy in cairo at 06-03-2010 about my fiance k1 visa , so i wounder why the cairo counselor refuse my fiancee visa and even after they stamp it , also after he told us we got approved at the interview ?

i just need to know what the reason for that after we call the embassy 4 times and they said its already approved , and we waiting for the dhl to send it to my fiancee home , and after that we got the passport had the visa in it but over the visa there was a stamp say cancled without prejudice , what that suppose to mean ?

and also it had a letter said , that the embassy dont convienced about our relationship , and they send our case back to usa , what that mean ?

also the passport had a pink paper said iv , what that mean ???

what they need else after all they see at the interview and i visit him 4 times and had a real relationship , and we answer all the quiz right at the interview .

what i have to do now

im here in egypt , did i have to embassy again to see whats going on , and why that happened , i dont mind really just wanna do any thing to dont loose my love of my life

if the counselor need to cancel it why he dont tell us in the beginning , why he let us happy for 1 mounth , even i was arrange for our trip back to states together and then stap us in the back ?????

any help will be appreciated

If you are still in Egypt, go the embassy and inquire about the reason that they did this. Being that you are at the embassy, they may tell you. It could be anything. This has happened to other people, but it isn't always discussed on the public forums.

I have no idea what happened, but I can tell you that sometimes it isn't about background checks or any of those other things. It could be outside factors or people trying to make problems for you and your SO.

I hope that you are able to get this cleared up before they send your case back. It does take a very long time once they return the file. So, if you are in Egypt, go to the embassy and see what you can find out.

I hope you get your problem resolved and quickly.

[a loves a 0]

If you are still in Egypt, go the embassy and inquire about the reason that they did this. Being that you are at the embassy, they may tell you. It could be anything. This has happened to other people, but it isn't always discussed on the public forums.

I have no idea what happened, but I can tell you that sometimes it isn't about background checks or any of those other things. It could be outside factors or people trying to make problems for you and your SO.

I hope that you are able to get this cleared up before they send your case back. It does take a very long time once they return the file. So, if you are in Egypt, go to the embassy and see what you can find out.

I hope you get your problem resolved and quickly.

thanks for your care at first

my fiancee call the embassy and she speak with the counsler which interview us , he said he so sorry about what happend to us he wasnt know why they do this cuse he see that our file was perfect and we love each other and he say he belive us and know 100 percent that we are in real relationship thats why he put the visa in there but his boss wasnt like that cuse we had an age gap !!!!!

so the councler say its wasnt nothing about us or something bad we do it was just his boss dont like the fact im younger than her and its against the happites and coustems her in egypt for a woman elder than a man to be in relation , cuse he dont wanna to take our case over his shoulder !!!!!

like he can judge people cuse of they age even when he know they are in real relationship sh_t .

but the quiz now he said usally the cases like us when its go back again to usa the usa approve and they will send to me late to send to them my passport to stamp which i dont belive him in that one ? any oppanion my frindes please about what he said ??????

[egypt lover 0]

i did like 2 interview the first one was great and the consul belived me he even said congratulation for me the second one was in jun 10 the consul was young girl she was nice at first then started to talk about age gap and she said we deal with alot of people during the week like u idont belive the relation and i think its just for the citizen ship the case will back we contacted the senator immideatly but the problem was the time diffrence so they didnt call just sent letter after like month the embassy answer the sentor letter say that the case back to the nvc at jun 27 and the reason some thing call bonafida marrige thats what my wife told me now what we have to do about that and what is bonafida marrige and what we r waiting now is any one have time frame or any ideas about that..i think egypt embassy have problem with those who have age diffrence and thats not ligal .thank u

[~kiyah~ 14]

I'm very glad to hear this....do you have any names or anything of recent ppl from CSC that have had their K1s reviewed? Would love to talk with some of them....get a rough idea of a timeline for how CSC handles the cases. Thanks for the hlp Kiyah.

Monica

Honestly, the best way for you to get this type of information is to create a new post, or even a poll here in the MENA forum. Hopefully enough members who fall into this category will respond giving you the information you need.

~Kiyah~

[Always+Forever 7]

Honestly, the best way for you to get this type of information is to create a new post, or even a poll here in the MENA forum. Hopefully enough members who fall into this category will respond giving you the information you need.

~Kiyah~

Yeah...i've tried asking this in many differnet places...no luck besides ppl telling me there is no chance of CSC reviewing the case, but it won't be expired when it arrives, so they SHOULD review it.

Monica