K1 refused on 221g. Now filing I-130 for spouse

[rohanparth 20]

Send Translation version. You will need the Original Language one when you go to the interview. 

[Ryan H 3,812]

19 hours ago, rohanparth said:

Send Translation version. You will need the Original Language one when you go to the interview. 

 

OP, the above is not correct.  When the I-130 is filed, you will need to send a photocopy of the marriage certificate that was issued by the issuing authority when the petitioner is filed; in addition, you will also send a translation of that document.

[Ryan H 3,812]

On ‎10‎/‎16‎/‎2018 at 6:37 AM, binod said:

Hello,

I will be traveling to India and will be staying there for a year. During my stay in India my friend will be staying in my apartment in US. Can I complete my I-130 form from India and send it to my friend in US so that my friend can file my application from US? My address will be from USA.

 

You can do that; however, there is a USCIS field office located in India; DCF may be available to you.

[pushbrk 12,883]

1 hour ago, Ryan H said:

 

OP, the above is not correct.  When the I-130 is filed, you will need to send a photocopy of the marriage certificate that was issued by the issuing authority when the petitioner is filed; in addition, you will also send a translation of that document.

Yes, instructions are clear on this matter.  Send the certificate in the original language AND include a certified translation of it.  No mention is made of Notarization.

[binod 0]

Hello,

 

My fiancee K1 was approved from USCIS but refused from consulate  on 221g and they returned to USCIS for reconsideration. I don't think they will revert me back soon, therefore I am getting married and filing for CR1 I-130. So my question is, do I need to send withdrawal letter for k1 to USCIS before I file I-130? what should I write on I-130 question:  Have you ever previously filed petition for this beneficiary or any other alien result section? -- Its Approved/Withdrawal; refused, Denied, refused on 221g???  Please help.

Based on question CO asked I think its refused because of lack of Bonafide relation.

[Crazy Cat 41,856]

6 minutes ago, binod said:

Hello,

 

My fiancee K1 was approved from USCIS but refused from consulate  on 221g and they returned to USCIS for reconsideration. I don't think they will revert me back soon, therefore I am getting married and filing for CR1 I-130. So my question is, do I need to send withdrawal letter for k1 to USCIS before I file I-130? what should I write on I-130 question:  Have you ever previously filed petition for this beneficiary or any other alien result section? -- Its Approved/Withdrawal; refused, Denied, refused on 221g???  Please help.

Based on question CO asked I think its refused because of lack of Bonafide relation.

USCIS does not approve visas.  Only the consulate can do that.  Your fiance visa is gone.  It will not be reconsidered.  It will expire.  The petitioner must write a letter to USCIS and withdraw the I-129F.

 

Marriage, in itself, will not solve your problem.  You need quality evidence of a bona fide relationship.  The strongest evidence is that of time actually spent together.......

 

The I-129f was a previous petition, so the answer is "yes".  After the petitioner withdraws the I-129f, the answer will be "Withdrawn".

[geowrian 22,337]

If the petition was sent back to the US, then it will sit to expire. That's the current policy at USCIS regarding I-129Fs. So yes, a new petition will be needed.

 

You can send the withdrawal letter concurrently with the I-130 or beforehand. No reason to wait, but it's not required to do so beforehand.

The petition was approved...the visa was refused. The question being asked is about the petition. You can note that it was withdrawn as well.

[AdeelNaz 20]

21 minutes ago, binod said:

Hello,

 

My fiancee K1 was approved from USCIS but refused from consulate  on 221g and they returned to USCIS for reconsideration. I don't think they will revert me back soon, therefore I am getting married and filing for CR1 I-130. So my question is, do I need to send withdrawal letter for k1 to USCIS before I file I-130? what should I write on I-130 question:  Have you ever previously filed petition for this beneficiary or any other alien result section? -- Its Approved/Withdrawal; refused, Denied, refused on 221g???  Please help.

Based on question CO asked I think its refused because of lack of Bonafide relation.

But i heard k-1 visas refusal (221g) are for RFE they don’t send back your case to USCIS they do that on refusal(221a) you might wanna check again or i might heard it wrong

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html

Edited October 18, 2018 by AdeelNaz

[binod 0]

5 minutes ago, AdeelNaz said:

But i heard k-1 visas refusal (221g) are for RFE they don’t send back your case to USCIS they do that on refusal(221a) you might wanna check again or i might heard it wrong

its 221g only

[AdeelNaz 20]

1 minute ago, binod said:

its 221g only

Did they asked for more info or documents?

[binod 0]

10 minutes ago, geowrian said:

If the petition was sent back to the US, then it will sit to expire. That's the current policy at USCIS regarding I-129Fs. So yes, a new petition will be needed.

  

 You can send the withdrawal letter concurrently with the I-130 or beforehand. No reason to wait, but it's not required to do so beforehand.

 The petition was approved...the visa was refused. The question being asked is about the petition. You can note that it was withdrawn as well

Thank You Geowrian. So I need to send withdrawal letter to California service center as they are the one who approved my petition.  If I sent to CSC then I dont have to attach withdrawal letter in I-130 correct? Is there any standard K1 withdrawal format?

[binod 0]

3 minutes ago, AdeelNaz said:

Did they asked for more info or documents?

Nothing. they gave 221g refusal only because they are not satisfied.

[Jeanne Adil 1,651]

what color was the paper given to financee?

blue would mean need additional documents but they would not return the case to US

white is denial /not enough proof of relationship

pink paper means case on hold

[Jeanne Adil 1,651]

you are smarter to return to marry

as on  hold cases can last a year

and usually a 221g is an outright denial / white paper

[Sugarlegetiti 566]

10 minutes ago, binod said:

Hello,

 

My fiancee K1 was approved from USCIS but refused from consulate  on 221g and they returned to USCIS for reconsideration. I don't think they will revert me back soon, therefore I am getting married and filing for CR1 I-130. So my question is, do I need to send withdrawal letter for k1 to USCIS before I file I-130? what should I write on I-130 question:  Have you ever previously filed petition for this beneficiary or any other alien result section? -- Its Approved/Withdrawal; refused, Denied, refused on 221g???  Please help.

Based on question CO asked I think its refused because of lack of Bonafide relation.

You do not need to write a withdrawal letter to USCIS for K1. I did not  send a withdrawal letter to USCIS when my husband (fiance at the time) was denied K1 Visa under 221g. You will receive a letter from USCIS telling you your fiance was not issued the K1 visa  and the petition has expired. 

You answer Yes for previously filed petition. 

Frontload the petition with Bonafide relationship evidence.