Petition is back at USCIS

[vicki/bala 0]

Ok, so our petition has been back at California service center since 10/17/06... sent back by Chennai Embassy.... Our regular service center is Nebraska. The day after tomorrow will be one year since Bala's initial interview. So what now??

Ive heard from several that CSC may not send out a NOID letter. Ive heard that its possible we will get a letter saying our petition has expired. If I call the USCIS will they tell me which they plan to send?? Im concerned that its been just sitting there for nearly a month without any touches.

Any Suggestions??

Yodrak , where are ya?? (smile)

Vicki/Bala

[mRx 16]

Thats horrible how long you have had to wait. My heart goes out to you.

[vicki/bala 0]

Well I called the USCIS today and was told to wait 180 days (6months) from the date that it was returned (10/17/06) before contacting them again.

Im wondering if we should just get married and apply for a K3 instead. Wondering if it would be faster.

(sigh)

vicki/bala

[simple_male 1]

Ok, so our petition has been back at California service center since 10/17/06... sent back by Chennai Embassy.... Our regular service center is Nebraska. The day after tomorrow will be one year since Bala's initial interview. So what now??

Ive heard from several that CSC may not send out a NOID letter. Ive heard that its possible we will get a letter saying our petition has expired. If I call the USCIS will they tell me which they plan to send?? Im concerned that its been just sitting there for nearly a month without any touches.

Any Suggestions??

Yodrak , where are ya?? (smile)

Vicki/Bala

I am sorry to hear your situation. Why does not the petitioner contact his local Congressman's and state senators' offices? Sometimes, they can get more detailed information that the USCIS does not provide the petitioner.

[Yodrak 7]

vicki,

A USCIS case officer will review the file - the original approval and the information provided by the consulate explaining why they have sent the petition back for re-consideration - then either re-confirm the original approval or retract the original approval. Don't know if you'll be sent a NOID or other opportunity to provide further input.

Getting married and applying for an immigrant or K3 visa will not overcome the issue, which is the feeling on the part of the consulate that this relationship is for the pupose of evading immigration law to get bala into the USA and LPR status.

Yodrak

Ok, so our petition has been back at California service center since 10/17/06... sent back by Chennai Embassy.... ... So what now??

....

Vicki/Bala

...

Im wondering if we should just get married and apply for a K3 instead. Wondering if it would be faster.

vicki/bala

Edited November 13, 2006 by Yodrak

[limah 1]

Hey......

My husband had his interview today and he was issued a 221(g), it said they were sending the petition back to the States. I called the congressmens office today and I had my husband fax over the form he got, and them I faxed it to their office along with a hand written note and the approval notice. I am about to email the consulate in casablanca and see what type of reply I can get. I dont know if I can make it a whole year..... I have to know what to do next.... even if it means relocate.......

Will emailing them do any good?

Thank for any advice.....

Edited November 14, 2006 by limah

[vicki/bala 0]

I sent a fax to the consulate general at the chennai embassy and i got a reply from them, but only to tell me that they had already sent my petition back (which wasnt true)... but i would suggest trying anything at this point.

It will be exactly one year tomorrow (indian time) that we had our interview. I hope that you are successful in stopping the return. But if your not. Dont lose faith, you will (as I did )learn that you do what you have to do to get by. Some days my strength is almost gone. Some days are so hard to get through without losing my sanity. But what is my alternative? I love Bala, its either fight this thing no matter how long it takes or lose him forever.

Limah feel free to chat with me anytime you like. Keep strong

Vicki/Bala

[limah 1]

I sent a fax to the consulate general at the chennai embassy and i got a reply from them, but only to tell me that they had already sent my petition back (which wasnt true)... but i would suggest trying anything at this point.

It will be exactly one year tomorrow (indian time) that we had our interview. I hope that you are successful in stopping the return. But if your not. Dont lose faith, you will (as I did )learn that you do what you have to do to get by. Some days my strength is almost gone. Some days are so hard to get through without losing my sanity. But what is my alternative? I love Bala, its either fight this thing no matter how long it takes or lose him forever.

Limah feel free to chat with me anytime you like. Keep strong

Vicki/Bala

This is what I am afraid of Vicki, a year passing, another month or 2 passing?? How long did it take before you contacted your consulate? I emailed them today. So I hope I hear smething back from them soon. Is that why it has been so long because they returned your case back to the US??

I dont want to imagine being without my husband any longer than I have to, and I wish I had the $$ to go see him now!

[pugsly 0]

All the consulate told my fiance was she didnt believe the relationship was real. How are you suppose to overcome the issues if they dont tell you what proofs they have that made them come to this conclusion? I decided not to sit around and wait for a NOID letter that might never come. I am going to his country in February to get married. I dont know if this will help or hurt our case but thats what we decided to do. When i get home i will wait for thier NOID letter to come and send in all the evidense i have.

[vicki/bala 0]

Limah I sent a fax to the consulate general himself within a few days of learning our petiton was being sent back. As far as our long history of waiting it goes like this. Balas first interview was one year ago tomorrow, then we were put on AP for nearly 8 months. He was called for second interview, where they acused Bala of fraud and tried to get him to admit it ..Any way when after a couple of hours of this, Bala refused to give in .....they sent our petition back. It arrived in USCIS on 17th of October,(about three months for it to make the trip back), and its been sitting there ever since. Yesterday they said to allow 180 days (6 months) before inquiring again. So if yours is sent back you can expect many months of delays.

Private it was same with us. They have never told us either what their findings are. In fact Bala challenged them to show their proofs to him.. He told them if you will show me your proofs then I will admit fraud. When he was told by the CO's that they had proof i was living with a man .. he demanded "show me ".. their reply was "sir its her private affair, we cant show you".... they had no proof , that is why they didnt deny us out right. All they had was their own prejudices. Even once they told Bala that they knew he was a fraud because he had not informed his neighbors about his relationship. I cant figure that one out. I didnt know there was a law that said you must inform your neighbors or else its not real .... heck Ive lived here in my apartment for over two years and I dont even know my neighbors, much less inform them of my love life.

Anyway....good luck to both of you... keep in touch so that we may help support each other thru all this...

vicki/bala

[limah 1]

Hello gaian, I was just reading an email I got from another VJer. She told me to continue with the I-130. I got the AOS fee bill in the mail yesterday. I am getting so much advice from Visa Journey and I wasnt expecting anything less. I really do thatnk you all!

Is there anyone else on here with a take on what I should do as far as the I-130 goes?????

I am going to just pay the $70, but there is a form here that he has to fill out, the choice of agent. Could he come here on that Visa? I am getting confused on top of frustration....

[Yodrak 7]

vicki,

Moving to India is not an alternative available to you?

"God determines who walks into your life....it's up to you to decide who you let walk away,

who you let stay, and who you refuse to let go."

Yodrak

.... what is my alternative? I love Bala, its either fight this thing no matter how long it takes or lose him forever.

....

Vicki/Bala

pugsly,

The first thing that needs to be done is to properly understand the issue that needs to be overcome. It's your fiance's obligation to demonstrate that the relationship is 'real' (not for the purpose of achieving immigration benefits), it is not the consular officer's obligation to demonstrate that the relationship is not real. The consular officer does need to demonstrate that your fiance has not met his burden of proof.

Marrying your fiance will terminate the present case. When you start the next case recognize that the same issue will still exist, it does not go away. Whether pre-marriage or post-marriage, the visa applicant must demonstrate that the relationship is not for the purpose of obtaining an immigration benefit.

If you haven't consulted with an immigration attorney - in particular an immigration attorney who does family-based immigration and has experience with both your consulate of interest and this issue of bona fide relationship - you should do so.

Yodrak

All the consulate told my fiance was she didnt believe the relationship was real. How are you suppose to overcome the issues if they dont tell you what proofs they have that made them come to this conclusion? I decided not to sit around and wait for a NOID letter that might never come. I am going to his country in February to get married. I dont know if this will help or hurt our case but thats what we decided to do. When i get home i will wait for thier NOID letter to come and send in all the evidense i have.

[vicki/bala 0]

Trust me Yodrak, Bala has begged me to do just that. He would prefer i just come there and we could forget all this hassle of immigration. I have three sons here and five grandchildren ranging in age from 2 months to 6 years.. I would not want to be so far away from them if they needed me. Also its not so easy for a mixed couple to be there in india, they are the most close minded people ive ever seen. When I was there visiting Bala and I were just talking in the train station (no public affection ) and an employee tried to make us leave because he did not like the fact that an indian was talking and laughing with a "white" woman.

Thank you for reminding me of my quote.. But I really dont see it as letting Bala go..I see it as they are ripping us apart.

Vicki/Bala

[sarah and hicham 3]

I'm sorry this happened to you. There are several women in the ME/NA forum who have had this problem and they are really knowledgeable about what to do if this happens. I hope that helps and things turn around. Limah it's crucial that you do everything you can ASAP before they send back the petition. It can be overturned.

Good luck ladies,

Sarah

[limah 1]

Well, what I did was made an appointment with immigration services for thursday @ 930. What am I gonna say to them??? Im taking all the same stuff he did in Morocco.... pictures, phone bills, marriage cert all of the above. Do you think this will help? I made an appt on the infopass website. The congressmans rep said she has other "cases" before my husband and she will call either today or on tomorrow morning. Is there anything else I should be doing?????????