DECISION FROM USCIS ABOUT K1 RETURNED.PLS. HELP

[member123 0]

Hello,Vjers. I’m coming back this forum again

Last year, I had a k1 petition, that was returned to USCIS with recommendation to be revoked. We didn’t hear anything from USCIS about returned petition. Couple months ago, my fiancé had filled a new K1 petition, that fixed and addressed our problems we had on the previous one. We even attached a waiver and our statements to comment/explain about our problems on the previous K1. Our new k1 petition is still on “Initial review” now.

After over 9 months long waiting, couple days ago, my fiancé received a mail from USCIS:

Your petition for Alien Fiance’(s) (Form I-129F), which was approved by U.S citizenship and Immigration Services (USCIS), has been returned to this office for the following reason:

USCIS is administratively closing this petition because the original validity dates have now passed. This action is without prejudice to the filing of any future petitions or applications.

The returned petition will now be stored at this office and no further action is required

I'm little confused and scared now. VSC let our previous K1 petition expired, hence we don’t have any chance to rebut CO’s accusations; our problems from this k1 petition are still on their system. I wonder if i need to fill an I-601 waiver later in case of our new K1 petition is approved? Should I need an immigration lawyer?

Was anyone in the same journey, pls. give me more advices? It will be highly appreciated for your comments

Thank you

[Ebunoluwa 6,136]

You did not give us any details about the reason of return or what the issues are. You said you addressed them.

Waiver for what ? Was there a misrepresentation ?

The answer is in the details and without them no one will be able to help you.

You said you "attached a waiver..." to your current petition but then you said "I wonder if i need to fill an I-601 waiver later .....".

[member123 0]

- Thank you for your questions:-

You did not give us any details about the reason of return or what the issues are. You said you addressed them.

CO believed that our “relationship is a sham entered into solely for immigration purpose", because I didn't know much about my finace's ex and how she was sponsored by him 10 years ago.

Waiver for what ? Was there a misrepresentation ?

Filling Limitation waiver, because my had fiance filled a k1 for his ex 10 years ago. Now he is filling for me

You said you "attached a waiver..." to your current petition but then you said "I wonder if i need to fill an I-601 waiver later .....".

I'm beneficiary. I wonder if i need to fill an I-601 waiver later on my interview, because VSC let our previous K1 petition expired and didnt want to work on it any longer, hence we don’t have any chance to rebut CO’s accusations; our problems/faults from this k1 petition are still on their system. On refusal sheet, it said: If USCIS revokes the petition, beneficiary may become ineligible for a visa under section 212(a)(6)©(i)

[Dorah 6]

- Thank you for your questions:-

You did not give us any details about the reason of return or what the issues are. You said you addressed them.

CO believed that our “relationship is a sham entered into solely for immigration purpose", because I didn't know much about my finace's ex and how she was sponsored by him 10 years ago.

Waiver for what ? Was there a misrepresentation ?

Filling Limitation waiver, because my had fiance filled a k1 for his ex 10 years ago. Now he is filling for me

You said you "attached a waiver..." to your current petition but then you said "I wonder if i need to fill an I-601 waiver later .....".

I'm beneficiary. I wonder if i need to fill an I-601 waiver later on my interview, because VSC let our previous K1 petition expired and didnt want to work on it any longer, hence we don’t have any chance to rebut CO’s accusations; our problems/faults from this k1 petition are still on their system. On refusal sheet, it said: If USCIS revokes the petition, beneficiary may become ineligible for a visa under section 212(a)(6)©(i)

Don't worry about the first k-1. I was denied my first k-1 in January 2012 for similar reasons but we went ahead and filed a second k-1 and I made it on the second try which was January 2013.

[Ebunoluwa 6,136]

Here is a link about multiple filings. A waiver is requested under Imbra multiple filings in the form

of a letter simply requesting a waiver with a brief explanation. It is NOT the 601 waiver form that you mentioned. The multiple waiver request is submitted by the petitioner, not the beneficiary when submitting the petition to USCIS, not at the consulate.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

You did not receive a NOIR letter so your old petition was just allowed to expire and you were told you can refile.

This is your petitioners third K1 filing with the current petition, so a multiple filing waiver request should have been included.

It is at the discretion of the adjudicating officer to either approve it without it or RFE or deny it.

A better route would have been to marry and file for a CR1 at this point and with strong evidence to overcome the refusal.

You said you addressed the accusations/findings of the CO in the current petition : We even attached a waiver and our statements to comment/explain about our problems on the previous K1.

What waiver did you attach ?

Edited March 19, 2013 by Ebunoluwa

[member123 0]

Don't worry about the first k-1. I was denied my first k-1 in January 2012 for similar reasons but we went ahead and filed a second k-1 and I made it on the second try which was January 2013.

Thank you,guy. I hope my second k1 will go thru like yours

[member123 0]

Here is a link about multiple filings. A waiver is requested under Imbra multiple filings in the form

of a letter simply requesting a waiver with a brief explanation. It is NOT the 601 waiver form that you mentioned. The multiple waiver request is submitted by the petitioner, not the beneficiary when submitting the petition to USCIS, not at the consulate.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

You did not receive a NOIR letter so your old petition was just allowed to expire and you were told you can refile.

This is your petitioners third K1 filing with the current petition, so a multiple filing waiver request should have been included.

It is at the discretion of the adjudicating officer to either approve it without it or RFE or deny it.

A better route would have been to marry and file for a CR1 at this point and with strong evidence to overcome the refusal.

You said you addressed the accusations/findings of the CO in the current petition : We even attached a waiver and our statements to comment/explain about our problems on the previous K1.

What waiver did you attach ?

Thank you for the link and comments.

- My fiance filled a waiver for multiple filling limitation. We prefered to marry and file for a CR1, but he didnt have enough vacation time to wait for bunch of paperworks in my country (I was told it would take about 4-5 weeks, even longer). Its limited time, he might lose his job if he stayed so long here with me, so we tried a new k1 petition again.

- I mentioned about I 601 waiver because VSC didnt want to review our case, just let it expired, so we don’t have any chance to rebut CO’s accusations; our problems from the previous k1 petition are still recorded on their system and we still have frauds on my file or I may face with life ban. Pls. correct me if im wrong

[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.

My response in another thread above is my answer to you also. Here is the link to the thread.

http://www.visajourney.com/forums/topic/420077-new-hope-after-k1-denial/page__st__30__p__6057455__fromsearch__1#entry6057455

[member123 0]

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.

My response in another thread above is my answer to you also. Here is the link to the thread.

http://www.visajourney.com/forums/topic/420077-new-hope-after-k1-denial/page__st__30__p__6057455__fromsearch__1#entry6057455

Thank you very much for your comments. Now we can enjoy for a while after long waiting and stressful time.