New Hope after K1 Denial

[Lynn n Sam 57]

That's great news, Lynn!!! Congrats. Let's catch up soon.

Wish you both the best going the cr-1 route!

Sherry

Thank you both Kim and Sherry! Although by what's been commented within this thread - perhaps it remains to be seen what actually transpires.

Kim, hope to hear from you soon!

Sherry - best of luck to you with your new petition!

[dwheels76 5,468]

The advantage of being married already makes it easier to get here after the NOA2 has been issued and the NVC has processed the paperwork for the interview. The CO does not have as much power on CR1 visa's after the NVC has approved the visa. The only way the CO can deny the visa is prove that whatever was previously provided to the NVC was not truthful. The CO has to be able to prove it based on info provided at the interview. The CO then has to send the reason and proof back to the NVC. The NVC will make the final decision.

I have read so many cases where the CO is in a bad mood and denies the K1 visa based on the CO's feelings on the interview with little or no valid reason.

What are you talking about? The NVC doesn't approve anything especially a Visa. You are really confusing things here.

[Ebunoluwa 6,136]

The misrepresentation marker kicks in upon revocation, not when the petition is allowed to merely expire on validity.

Quote by Marc Ellis : So is the petition approval revoked when a Service Center simply notifies a petitioner that the approval has lapsed, without giving her or him a chance to respond? No. Consular Immigrant Visa Chiefs are supposed to make sure that a revocation has in fact taken place before the 212(a)(6)©(i) marker becomes a finding.

I believe from Marc's writings that if no NOIR was send then there is no ban to worry about because there are no revocation

proceedings.

Therefore I believe the OP will have a good chance to overcome the CO findings ( with solid proof of course ) the next time around without a hard P6C marker finding.

If someone ignores a NOIR and does not respond to it, only then the marker becomes a hard finding.

[Lynn n Sam 57]

The misrepresentation marker kicks in upon revocation, not when the petition is allowed to merely expire on validity.

Quote by Marc Ellis : So is the petition approval revoked when a Service Center simply notifies a petitioner that the approval has lapsed, without giving her or him a chance to respond? No. Consular Immigrant Visa Chiefs are supposed to make sure that a revocation has in fact taken place before the 212(a)(6)©(i) marker becomes a finding.

I believe from Marc's writings that if no NOIR was send then there is no ban to worry about because there are no revocation

proceedings.

Therefore I believe the OP will have a good chance to overcome the CO findings ( with solid proof of course ) the next time around without a hard P6C marker finding.

If someone ignores a NOIR and does not respond to it, only then the marker becomes a hard finding.

Thank you! After starting this thread and hearing what everyone was contributing, I contacted him again for clarification. This is what he said: "The consulate had previously denied the case by claiming misrepresentation but they did not disclose what this was. The Officer notes would have been sent back to USCIS for the revocation. USCIS simply administratively closed the case and the government has never expounded on any grounds of misrepresentation." and "The case was just closed and no misrepresentation was found."

Perhaps a small shred of hope has been restored

[Ebunoluwa 6,136]

Exactly. Too many members throw Marc's links out there without comprehending what he has actually said and thereby spreading misinformation. I believe you will be fine. Best wishes !

[Lynn n Sam 57]

Exactly. Too many members throw Marc's links out there without comprehending what he has actually said and thereby spreading misinformation. I believe you will be fine. Best wishes !

Agreed! Thank you again and best wishes in your future endeavors as well!

[Ebunoluwa 6,136]

The advantage of being married already makes it easier to get here after the NOA2 has been issued and the NVC has processed the paperwork for the interview. The CO does not have as much power on CR1 visa's after the NVC has approved the visa. The only way the CO can deny the visa is prove that whatever was previously provided to the NVC was not truthful. The CO has to be able to prove it based on info provided at the interview. The CO then has to send the reason and proof back to the NVC. The NVC will make the final decision.

I have read so many cases where the CO is in a bad mood and denies the K1 visa based on the CO's feelings on the interview with little or no valid reason.

You are misinformed. This is incorrect.

1. NVC does not approve visas. The CO has the say in approval or refusal.

2. The CO can certainly refuse the visa even if all the NVC submitted documents are all correct and truthful.

3. The returned petition goes back to USCIS via NVC. NVC does not have the authority to make any final decision.

USCIS can revoke or reaffirm and send the case back to the Consulate where the battle of the two different agencies can

continue until one cries uncle.

4. CO's can not 'deny' visas, they refuse them and return the case with recommendation for review or revocation.

Agreed! Thank you again and best wishes in your future endeavors as well!

Thank you