Notice of intent to revoke

[bravagreen 36]

Consulate issues visas and USCIS determines who is eligible to be an immigrant. The consulate can not return a reaffirmed petition on the same allegations it was returned earlier unless with fresh findings. So if the USCIS reaffirm their case and the consulate don't have fresh reasons why they should return it again the worse they can do is put you on administrative processing and delay you and at last will issue the visa. 

[geowrian 22,338]

12 minutes ago, bravagreen said:

Sorry but you need to check your facts well.. The embassy have temporary say on an immigrant visa not final say. It is the USCIS which is mandated to revoke petition not embassy. Once they overturn the decision of the embassy at USCIS then they will be fine. We need to encourage people not discourage them by our opinions.

No, you need to check your facts. The embassy is the one who issues the visas, which is under DOS. USCIS (under DHS) cannot compel an embassy to issue a visa. A revoked petition means the embassy won't issue an immigrant visa, but a reaffirmed one doesn't mean the embassy must issue the visa either. The embassy is not supposed to refuse the visa for the same reason(s), but again USCIS cannot compel them to do so. And sometimes a reaffirmed petition results in a refused visa a second time. I'm not saying it will here in any way (usually reaffirmed petitions result in a visa from what I've seen).

 

Not meant to be discouraging at all...just correcting the inaccurate information. No sugar coating...just the facts.

 

3 minutes ago, bravagreen said:

Consulate issues visas and USCIS determines who is eligible to be an immigrant. The consulate can not return a reaffirmed petition on the same allegations it was returned earlier unless with fresh findings. So if the USCIS reaffirm their case and the consulate don't have fresh reasons why they should return it again the worse they can do is put you on administrative processing and delay you and at last will issue the visa. 

USCIS does not determine who is eligible to be an immigrant. That's not their job. They evaluate (or reaffirm) petitions, which establish a relationship to be eligible to apply for an immigrant visa.

Edited August 31, 2017 by geowrian

[Crazy Cat 42,464]

1 hour ago, bravagreen said:

The embassy have temporary say on an immigrant visa not final say.

No, no, no........

Embassies issue visas.......

[bravagreen 36]

2 minutes ago, missileman said:

No, no, no........

Embassies issue visas.......

I guess when you read well you will realize I never said USCIS issue visas...

[Crazy Cat 42,464]

Just now, bravagreen said:

I guess when you read well you will realize I never said USCIS issue visas...

I guess when you learn how the visa process works, then you will know that embassies decide whether to issue a visa or not to......USCIS can not compel an embassy to issue a visa...period.

Edited August 31, 2017 by missileman

[bravagreen 36]

7 minutes ago, missileman said:

I guess when you learn how the visa process works, then you will know that embassies decide whether to issue a visa or not to......USCIS can not compel an embassy to issue a visa...period.

Are you sure you are really talking to me??? Because reading through what you keep posting it seem to me like you are reading someone post and quoting me. Where did I mention USCIS compelling embassy to issue visa? Mr check what people write before you comment and don't set questions for yourself and begin to answer them, because if you do that you will only end up marking yourself. Are you serious????

[Crazy Cat 42,464]

1 minute ago, bravagreen said:

Are you sure you are really talking to me??? Because reading through what you keep posting it seem to me like you are reading someone post and quoting me. Where did I mention USCIS compelling embassy to issue visa? Mr check what people write before you comment and don't set questions for yourself and begin to answer them, because if you do that you will only end up marking yourself. Are you serious????

You are EXACTLY to whom I am responding.......USCIS does NOT have final say in visa issuing......

What do you mean by "marking yourself"?

Edited August 31, 2017 by missileman

[bravagreen 36]

Just now, missileman said:

You are EXACTLY to whom I am responding.......USCIS does NOT have final say in visa issuing......

Quote my post that says USCIS have final say to issue visa. Prove yourself worth now by quoting that post of mine.

[Crazy Cat 42,464]

Just now, bravagreen said:

Quote my post that says USCIS have final say to issue visa. Prove yourself worth now by quoting that post of mine.

"The embassy have temporary say on an immigrant visa not final say. "

Proof enough?

 

[bravagreen 36]

2 minutes ago, missileman said:

"The embassy have temporary say on an immigrant visa not final say. "

Proof enough?

 

And that means I said USCIS issue visas??? When embassy returned a petition they said you are not eligible at "this time" not forever. USCIS have the power to revoke the petition. So don't get me mixed up and write what you like and refer it to me. It still stands embassy can only refuse to issue visa temporary and the worst they can do is send it back to USCIS . the embassy can't compel the USCIS either to revoke a returned petition "Mr".

[Boiler 46,216]

29 minutes ago, bravagreen said:

And that means I said USCIS issue visas??? When embassy returned a petition they said you are not eligible at "this time" not forever. USCIS have the power to revoke the petition. So don't get me mixed up and write what you like and refer it to me. It still stands embassy can only refuse to issue visa temporary and the worst they can do is send it back to USCIS . the embassy can't compel the USCIS either to revoke a returned petition "Mr".

When in a hole stop digging.

[Ebunoluwa 6,136]

A consulate can return a reaffirmed petition as much as they see fit with fresh evidence.
Even though USCIS will recommend the visa to be issued, the consulate does not have to do so.
One agency does not have more power over the other. One will eventually cry uncle in the tug of back and forth.
What we see mostly is that reaffirmed petitions send back to the embassy will result in the issued visa, seldom are they again
returned but it does definitely happen. The consulate is not supposed to return reaffirmed petitions back on the same reasons

but that has also happened. It can go back and forth as I said until USCIS denies the petition or the embassy issues the visa

or the case can marinade in AP for a long time until it is looked at again by the consulate and perhaps after (another) field
investigation to examine the case again.
 

[IcezMan_IcezLady 582]

16 hours ago, sandranj said:

Look I Just gave my opinion based on my 26 years of experience as an attorney,  but if you have a solution to his case I bet he will be excited to hear about it.

With your experience, you kinda give bleak perspective.

 I think suggesting that this is a lost cause due to that single part of his situation even if everything can be rebutted with evidence,it very depressing from an attorney.

People get married in short time all the time. OP can't change that but everything else especially all the other evidence must not be ignored just for one unsubstantiated allegation.  CO knows that alone  would not have been enough for the case to be returned that why more allegations were added. because saying that getting marriage on the first time meeting or in a short time is fraud without considering any other evidence would be a "conjecture". COs cannot deny based on a "conjecture".

Now, I don't know if OP has been totally truthful or not, but assuming OP has been truthful, #1 alone would not have been enough to use "fraud" as a reason to deny.

[dwheels76 5,469]

2 hours ago, IcezMan_IcezLady said:

With your experience, you kinda give bleak perspective.

 I think suggesting that this is a lost cause due to that single part of his situation even if everything can be rebutted with evidence,it very depressing from an attorney.

People get married in short time all the time. OP can't change that but everything else especially all the other evidence must not be ignored just for one unsubstantiated allegation.  CO knows that alone  would not have been enough for the case to be returned that why more allegations were added. because saying that getting marriage on the first time meeting or in a short time is fraud without considering any other evidence would be a "conjecture". COs cannot deny based on a "conjecture".

Now, I don't know if OP has been totally truthful or not, but assuming OP has been truthful, #1 alone would not have been enough to use "fraud" as a reason to deny.

I so agree IcezMan_IcezLady. Heck if I believed and took to heart all said about certain red flags I would never have filed.

 

1. Older than Beneficiary(by 26 years)

2. Married first visist

3. Married within 21 days of divorce

 

OP so what it's about your evidence you presented. Dod you and your wife even present all your good evidence upfront at USCIS or you were hoping to show at interview. In other words did you frontload.

 

And please stop arguing the point who issues what where and when. you were denied and sent back you must deal with that and have a picture perfect NOIR package. And yes USCIS can deny your Package not reaffirm yo. Leaving you to either give up or refile.

 

Doesn't really mater if they lied or not. You are faced with evidence. Do you not have children from a previous relationship?
Have you talked to your children's mother about anything she may have said to ANYONE about a traditional marriage.

Does your childrens's mother have your last name?

 

You disputing with us or even USCIS that they are big fat liars will get you no where. Address every single denial point with evidence. More pictures more proof of visits Show your Bonafide relations with evidence. You have kids your wife should be binding with them where are those pictures at?

 

Stop fighting with us and get your documents and evidence together.

 

[SAJourney 16]

5 minutes ago, dwheels76 said:

Stop fighting with us and get your documents and evidence together.

OP stopped posting after the 4th post in the thread