Refused--Application returned for review

[SincerelyMeike 52]

Hi! I'm not sure if this can be of any use to you, but since everyone is claiming he pretty much soft-core denied you... is there anyway that you can file a waiver and send it to DHS? That way the do work on your case? I'm really not sure if this can even be of any use to you, I'm so sorry you guys had a lame-o interviewing officer who couldnt be straight with you

[Ebunoluwa 6,136]

Hi! I'm not sure if this can be of any use to you, but since everyone is claiming he pretty much soft-core denied you... is there anyway that you can file a waiver and send it to DHS? That way the do work on your case? I'm really not sure if this can even be of any use to you, I'm so sorry you guys had a lame-o interviewing officer who couldnt be straight with you

There is nothing to waive. It was not a soft denial, it was a refusal based on a legitimate reason.

[SincerelyMeike 52]

There is nothing to waive. It was not a soft denial, it was a refusal based on a legitimate reason.

Oh no, I'm aware it was denied for a legitimate reason, however based on OP's first post, it didn't seem like he made it clear to them that they were denied. Like, I believe he should have flat out told them that they were denied. Thats what I meant by a "soft-core" let down lol

[Tahoma 2,292]

There was a K-1 case here on VJ last year where the visa was refused and the petition was returned to the Texas Service Center where it was reopened. The poster never followed up on whether the petition was reaffirmed or not. However, at the time of posting, it had been many months since the refusal.

In any case, a DCF or a new K-1 would likely be quicker and more certain than waiting around for the uncertain outcome at the TSC.

If I were in your shoes, I would immediately contact the consulate and request that a senior officer review your case. I would also contact your Congress people and have them make the same request. You would need to do this before your petition leaves the consulate.

I believe that the consular officer had the authority to approve the visa despite the simple clerical error. To add insult to injury, you were refused even though you provided all of your divorce decrees at the interview. We had a situation similar to yours, but with a much different outcome. Instead of a refusal, we received a 221g which we satisfied within a few days. You can click on our signature for details.

[Ebunoluwa 6,136]

There was a K-1 case here on VJ last year where the visa was refused and the petition was returned to the Texas Service Center where it was reopened. The poster never followed up on whether the petition was reaffirmed or not. However, at the time of posting, it had been many months since the refusal.

In any case, a DCF or a new K-1 would likely be quicker and more certain than waiting around for the uncertain outcome at the TSC.

If I were in your shoes, I would immediately contact the consulate and request that a senior officer review your case. I would also contact your Congress people and have them make the same request. You would need to do this before your petition leaves the consulate.

I believe that the consular officer had the authority to approve the visa despite the simple clerical error. To add insult to injury, you were refused even though you provided all of your divorce decrees at the interview. We had a situation similar to yours, but with a much different outcome. Instead of a refusal, we received a 221g which we satisfied within a few days. You can click on our signature for details.

Some people said they had their case "reopened" because they are told so by the misinformation line and a false online notification.

In reality the regulation of no review for returned K1's stands.

Since the USC is vetted through USCIS all divorces must be disclosed and seen by USCIS , I disagree that a CO has the authority

to approve even though he saw them at the interview which would make a senator's involvement useless at this point.

[Ebunoluwa 6,136]

Oh no, I'm aware it was denied for a legitimate reason, however based on OP's first post, it didn't seem like he made it clear to them that they were denied. Like, I believe he should have flat out told them that they were denied. Thats what I meant by a "soft-core" let down lol

A CO can not deny the petition nor verbally state that, they can only refuse the visa and return the case.

Only USCIS has the authority to deny the petition but they will let it expire instead for reasons of a re file without prejudice.

Many CO's aren't even aware (or appear to not be aware) that returned petitions for a K1 aren't reviewed anymore.

A disconnect exists between DOS and USCIS in this regard which often creates great confusion to the couples involved.

The entire return process needs much more transparency with clear guidelines for the petitioners but as usual it is mass confusion.

[Tahoma 2,292]

Some people said they had their case "reopened" because they are told so by the misinformation line and a false online notification.

In reality the regulation of no review for returned K1's stands.

Since the USC is vetted through USCIS all divorces must be disclosed and seen by USCIS , I disagree that a CO has the authority

to approve even though he saw them at the interview which would make a senator's involvement useless at this point.

I found the thread in question. You yourself posted in the thread. Apparently, this was not a "misinformation line" issue. http://www.visajourney.com/forums/topic/521072-denied-and-sent-back-to-uscis-repoened-may-2014-help-split/

Also, half of my I-129F was incomplete and yet it made it through the USCIS and to the Embassy where we received a 221g requesting a new I-129F instead of receiving a refusal. Our clerical error pales in comparison to the case here.

[Ebunoluwa 6,136]

I found the thread in question. You yourself posted in the thread. Apparently, this was not a "misinformation line" issue. http://www.visajourney.com/forums/topic/521072-denied-and-sent-back-to-uscis-repoened-may-2014-help-split/

Also, half of my I-129F was incomplete and yet it made it through the USCIS and to the Embassy where we received a 221g requesting a new I-129F instead of receiving a refusal. Our clerical error pales in comparison to the case here.

Thank you for posting the link to the thread, I remember that post and would chalk it up to a false notification I mentioned in the

previous post. Someone probably grabbed the template for returned CR/IR or an outdated one.

At that time I was oh that sounds good but later realized it was just another bogus notification.

By the new regulation and actually through a law suit no K1's are reviewed anymore and that goes for all service centers.

It took Vermont (back in the day) a while to catch up to CSC and we saw a few Vermont reaffirmed K1's but zero since then.

Your CO was generous but then again an incomplete form and omitted divorce decrees are very different.

Glad you made it through the process without a returned petition.

[tyler007 26]

First of all, "thanks" to everyone for the responces and advise. Still difficult to accept a simple clerical oversight can result in such devestation, but no use crying over spilled milk at this point.

I did manage to get through to a very kind and patient agent at the NCSC just moments ago. She explained the case would indeed get reviewed, but the minimum wait time is 180 days and no gaurantee of a positive outcome. So it seems a new I-129f petition would be the quickest way to go.

Unfortunately, it appears the TSC is still taking about 177 days to process applications. Would it be a misrepresentation to file usung my moms address in California as my residence, while the fact of the matter is that im currently residing in the phils with my fiancee? Or, should I use my current address in the Philippines?

Thanks again!

Hi Prindell, was your fiancee in the Philippines aware of the number of the divorces that you had? If you had NOT shown up for the interview do you think the outcome would have been different?

One positive note is that at least you are physically WITH the one that you love. Most of us here are still thousands of miles apart.

[prindell 8]

Hi Prindell, was your fiancee in the Philippines aware of the number of the divorces that you had? If you had NOT shown up for the interview do you think the outcome would have been different?

One positive note is that at least you are physically WITH the one that you love. Most of us here are still thousands of miles apart.

Yes, she was aware of them all. Early on, before we became serious, I told her all about me; the good, the bad and the ugly. She accepted me as I am. I think that's when she stole my heart. I am a blessed and fortunate man.

And no, I think the outcome would have been the same, as she would have answered honestly and was equipped with all the documentation, already. I was unintentionally remiss in providing all prior marriages on the application. A high price to pay for an honest mistake, but you are right... I am physically with the ones I love (fiancee and her son), so I can't complain too much. :-)

[Spitfire1961 5]

Multiple divorce does raise a red flag..but doesn't mean they will deny ur petition. My fiancé had 7 divorce. When we filed our petition he added an extra page to make room for all of them. I had a hard time when I went to CFO..the consul refused to give me my certificate and told me to come back when I already have my visa..he also asked for a copy of all the decree. During my interview the CO asked how much I know of his previous marriage and asked about my job here. Goodluck with ur case sir and hope everything turns out just fine.

@tahoma voh! Thankful coz I learned a lot in this forum

[prindell 8]

Multiple divorce does raise a red flag..but doesn't mean they will deny ur petition. My fiancé had 7 divorce. When we filed our petition he added an extra page to make room for all of them. I had a hard time when I went to CFO..the consul refused to give me my certificate and told me to come back when I already have my visa..he also asked for a copy of all the decree. During my interview the CO asked how much I know of his previous marriage and asked about my job here. Goodluck with ur case sir and hope everything turns out just fine.

@tahoma voh! Thankful coz I learned a lot in this forum

When my fiancée attended the CFO seminar, she also was told she wouldn't get her certification until they received the judgment and petitions for all my divorces. I scrambled to find, scan and email them to her while she was still there. They were satisfied and gave her the certificate of completion. This was also the first indication I had that my failure to add the supplement page to the petition might become a problem, so I was sure to have all the paperwork with me during the interview. Unfortunately, providing the information after approval of the application wasn't sufficient and as stated several times in this thread, my fiancée and I are back to square one.

Thank you for your well wishes, and it is reassuring to know that multiple divorces won't cause a denial of the next petition.

[Tahoma 2,292]

Did you email the Embassy requesting that a senior consular officer revue your case? It may be worth a try, but you would need to do it before your petition leaves the Embassy.

[Spitfire1961 5]

When my fiancée attended the CFO seminar, she also was told she wouldn't get her certification until they received the judgment and petitions for all my divorces. I scrambled to find, scan and email them to her while she was still there. They were satisfied and gave her the certificate of completion. This was also the first indication I had that my failure to add the supplement page to the petition might become a problem, so I was sure to have all the paperwork with me during the interview. Unfortunately, providing the information after approval of the application wasn't sufficient and as stated several times in this thread, my fiancée and I are back to square one.

Thank you for your well wishes, and it is reassuring to know that multiple divorces won't cause a denial of the next petition.

No sir just declare every divorce. Got married yesterday yey! And I know visa journey community will be there to guide me on my next stage

[prindell 8]

Did you email the Embassy requesting that a senior consular officer revue your case? It may be worth a try, but you would need to do it before your petition leaves the Embassy.

Eight days had passed before I wrote the original post here on VJ. I assume the case was long gone by that point. (Dept. of State at CEAC updated the status to AP on Dec. 2nd, two days after the interview). Had I known the repercussions of having the case sent back for 'review', I would have been more assertive, but I'm a total layman at this immigration stuff. Live and learn. Hopefully my experience can help prevent a similar situation for someone else.