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

[binod 0]

2 minutes ago, adil-rafa said:

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

just regular white sheet saying that case is refused under 221g and sent to USCIS for reconsideration. 

[Jeanne Adil 1,651]

2 minutes ago, binod said:

just regular white sheet saying that case is refused under 221g and sent to USCIS for reconsideration. 

denial /  never to be reviewed 

 

[geowrian 22,337]

20 minutes ago, binod said:

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?

You can send the letter to CSC.

They may not require one as noted above, but there have been cases where they requested information about the prior petition if it was not formally withdrawn. Better to do so and avoid that request IMO.

If you send the I-129F beforehand then no need to add one with the I-130.

No standard format...just the usual name, DOB, receipt number (WAC*), etc. requesting to withdraw the I-129F.

Edited October 18, 2018 by geowrian

[John & Rose 7,239]

My understanding is that no withdrawal letter is required since the previous petition has been denied and it is dead.  I am in the same position.  Our K-1 was denied after the interview and during AP.  We got married and filed the CR-1 in September.  I called USCIS and was told that no withdrawal letter was needed since the petition has been sent to expire.  It has since expired as I got a letter to that effect just last week.  This concurs with the advice I got here.  No withdrawal letter is required after a denial because the original petition is no longer active.  I was also told that no multi filer waiver is required since we are not filing another K-1.  If we went that route we would have to request the waiver.

[Crazy Cat 41,686]

Personally, I would send a withdrawal letter along with the I-130 as @geowrian suggested......just to make sure all the dots are connected....just my opinion.

[John & Rose 7,239]

4 minutes ago, missileman said:

Personally, I would send a withdrawal letter along with the I-130 as @geowrian suggested......just to make sure all the dots are connected....just my opinion.

We didn't but I do agree with you.  It will not hurt to do that.  Better safe than sorry.

[Crazy Cat 41,686]

1 minute ago, John & Rose said:

We didn't but I do agree with you.  It will not hurt to do that.  Better safe than sorry.

Yep.  My philosophy as a supervisor in the military was "Always be over-prepare to make sure you are fully prepared"....lol

[John & Rose 7,239]

Just now, missileman said:

Yep.  My philosophy as a supervisor in the military was "Always be over-prepare to make sure you are fully prepared"....lol

My reasoning, right or wrong, was that I already have the letter from USCIS stating that my previous petition is now void.  We will carry that letter with us everyday until VOH!  

[Knome 245]

3 hours 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.

what were the question asked which made you think that it was refused bcz of lack of bonafide relation? could you pls let us know

[John & Rose 7,239]

This is from USCIS Adjudicator's Field Manual...  Once adjudicated (Approved or denied) the petition cannot be withdrawn.

 

20.4 Petition Withdrawal.

 

A petitioner or applicant may withdraw a petition or application prior to adjudication. Withdrawal is a voluntary action. It should not be coerced, although it may be suggested as an alternative to a formal denial. Whenever a withdrawal is received, it should be acknowledged, in writing, for the record. Although a withdrawal by a petitioner is not necessarily an indication of fraud, the facts surrounding any prior withdrawal should be considered in the event a subsequent petition is filed by the same pe titioner. See Matter of Isber 20 I&N Dec 676 (BIA 1993)

 

A petition which has been withdrawn cannot be denied. See Matter of Cintron , 16 I&N Dec 9 (BIA 1976).

 

Where a visa petition has once been withdrawn based on an admission by a party that the marriage was solely entered into to bestow an immigration benefit, any subsequently filed visa petition involving the same petitioner and beneficiary must include at the time of filing: (1) an explanation of the prior withdrawal and (2) evidence supporting the bona fides of the parties' relationship. The BIA has held that “[t]he petitioner bears a heavy burden to establish the bona fides of the marital relationship in the case of a prior visa petition withdrawal and an admission of a fraudulent marriage, and, absent the submission of the previously related materials at the time of filing, a district director can reasonably deny the petitioner based on the admission made in conjunction with the prior withdrawal” [emphasis added]. See Matter of Laureano , 19 I&N Dec. 1 (BIA 1983).

Edited October 18, 2018 by John & Rose

[geowrian 22,337]

3 minutes ago, John & Rose said:

Once adjudicated (Approved or denied) the petition cannot be withdrawn.

Many I-129Fs have been withdrawn after adjudication (i.e. if the parties break up or marry before the interview).

There's one member with an ongoing case revolving around a withdrawal letter sent after petition approval but before the interview, in which they subsequently got the visa and did AOS because USCIS didn't take action on it yet. During their citizenship process, the letter was discovered and they are claiming the visa was improperly issued and the AOS incorrectly approved.

[John & Rose 7,239]

8 minutes ago, geowrian said:

Many I-129Fs have been withdrawn after adjudication (i.e. if the parties break up or marry before the interview).

There's one member with an ongoing case revolving around a withdrawal letter sent after petition approval but before the interview, in which they subsequently got the visa and did AOS because USCIS didn't take action on it yet. During their citizenship process, the letter was discovered and they are claiming the visa was improperly issued and the AOS incorrectly approved.

Looks like another in a long line of gray areas!!!  BIA is the highest administrative body but it seems to only to mention DHS.  This just adds to the confusion.  LOL  ie:  send the withdrawal letter!!!!

 

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. It is authorized up to 21 Board Members, including the Chairman and Vice Chairman who share responsibility for BIA management. The BIA is located at EOIR headquarters in Falls Church, Virginia. Generally, the BIA does not conduct courtroom proceedings - it decides appeals by conducting a "paper review" of cases. On rare occasions, however, the BIA hears oral arguments of appealed cases, predominately at headquarters.

The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by immigration judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is an alien, a citizen, or a business firm.

BIA decisions are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts. The majority of appeals reaching the BIA involve orders of removal and applications for relief from removal. Other cases before the BIA include the exclusion of aliens applying for admission to the United States, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of immigration laws, and motions for reopening and reconsideration of decisions previously rendered.

The BIA is directed to exercise its independent judgment in hearing appeals for the Attorney General. BIA decisions designated for publication are printed in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States.

Edited October 18, 2018 by John & Rose

[John & Rose 7,239]

There is an example of a withdrawal situation.  It seems that "adjudication" may mean "interview"...

 

Case Example:

Anthony applied for the I-129F petition for his Canadian fiancee Amber in 2016. After 5 months they receive the notice of action letting them know that their petition has been approved. Their case is transferred to the National Visa Center (NVC) and Amber filled out the required documents and sent it the U.S. consulate in Canada. Unfortunately, their relationship goes downhill and they decide to go their separate ways. 

Anthony writes a letter explaining why he is canceling the K1 visa application because they are no longer together. USCIS accepts the cancellation of the K1 visa since a decision hasn’t been made yet and they send Anthony and Amber confirmation that the K1 visa application has been canceled.

[John & Rose 7,239]

After all this, I am going to write a withdrawal letter tonight.  I already had a K-1 denied.  I will be worried about the CR-1 until she is in my arms in the states.  There is no reason not to send a letter.  This has gotten me so confused...

[ajay007 43]

5 hours ago, binod said:

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

hi normally they gave 221g with required documents. you should check with beneficiary. people getting nowadays 221g and when they submit more documents which is required by consulate they got visa after one week.