Returning petition to USCIS for review and possible revocation!!

[adarkenigma 0]

Four months under Refused and admin process finally on Monday status changed to return to NVC and today my fiancé got email saying 

your documents are collected from US Embassy. when she went to pick up documents she got this letter. I been calling NVC here for last two days and they say they have not gotten anything yet. 

 

Can I still try to contact local congressman? (can someone point me towards contacting congressman/senator in state of Indiana please)

 

Is my petition dead? am I allowed to start another petition? (CR-1 maybe) or do I have to wait till this one expires? 

 

from what I understand from letter is CO did not have enough information (about me and my fiancé). before her interview when she offered documents from k-1 package I sent her, paper collecting lady only took I-129 and affidavit of support papers and return everything else. why they didnt take all the documents? 

 

please advice on what to do next. 

 

 

[payxibka 10,045]

The chances of getting this reversed once the petition leaves the consulate are just about nil

 

Congress people and senators all have websites 

Edited January 15, 2020 by payxibka

[adarkenigma 0]

yea found website. we only waited this long because 221(g) said we will contact you and ceas site it was "soft refusal". 

will contacting them yield any result at this point? can I start another petition or I have wait till it expire? 

[payxibka 10,045]

3 minutes ago, adarkenigma said:

yea found website. we only waited this long because 221(g) said we will contact you and ceas site it was "soft refusal". 

will contacting them yield any result at this point? can I start another petition or I have wait till it expire? 

Nothing to lose by contacting the consulate.   Contacting NVC will yield no results 

[geowrian 22,337]

Contact the consulate. If you can catch it before it leaves there, there is a slim possibility of getting it reviewed again. Slim, but not 0.

Once it leaves the consulate, it's effectively dead. It will be sent to NVC then USCIS, where it will sit until it expires.

 

You can marry and file for a CR-1 at any time - no need to wait for the I-129F to expire. You can optionally include a withdrawal letter for the I-129F in the I-130 packet.

[adarkenigma 0]

okay, I found side said that I have to wait for letter of denial from USCIS? 

does USCIS send those letter? how long it usually takes  

 

still contact congressman/senator?  okay saw geowrian's response. 

 

should I try to arrange meeting with  USCIS immigration officer when I get letter of denial? 

 

Edited January 15, 2020 by adarkenigma
geowrian's reply

[geowrian 22,337]

You can wait for the denial letter, but there is no need to do so if you marry and do the CR-1 process.

The expiration should be within 4 months of when USCIS receives the returned petition. How long it takes for them to get it is highly variable. Then it takes time for them to actually send the expiration notice.

 

I'm unsure how meeting with an IO would impact anything here, or how one would do so as they do not accept meetings without specific reasons (the old Infopass system with self-scheduling is gone).

[adarkenigma 0]

so sure thing to do now is just get ready for CR-1 (if I do k-1 again it might get refused again). 

if I am gonna CR-1 I don't need to request congressman/senator assistance?  

[JeanneAdil 6,510]

Just go and marry

Denied my K1 in 2009 and i still wait on a denial letter

maybe they are better about getting it out these days but in the past ,some embassies just gave the 221 to the beneficary and sent the packet to the US

the letter picked up at embassy is probably the only correspondence anyone will get

 

Not really too much a congress person can do as immigration is not under control of Congress /  if they send any inquiry,  they get copy of the same letter you got

but since they are all Republicans in your state,  you can try 

Congress writes the laws and rules for immigration but according to the lawyer i hired,  they have no control over the visa process as immigration is no funded by federal money but by the fees we all pay

 

 

[adarkenigma 0]

Oh well that does it, I am gonna do CR-1 now. This entire K-1 process in last 12 month gave me IBS. 

 

Thanks guys. 

[payxibka 10,045]

You need to be certain to cure the reason for the denial or you may simply end up in the same situation 

[carmel34 3,633]

7 hours ago, adarkenigma said:

Oh well that does it, I am gonna do CR-1 now. This entire K-1 process in last 12 month gave me IBS. 

 

Thanks guys. 

CR-1 sounds like your best path forward in this case, but before you file the I-130 petition make sure you include lots of additional evidence that the relationship is bona fide, such as passport stamps and boarding passes showing trips you took to be together, hotel receipts, photos, and lots of financial co-mingling evidence like joint bank accounts and credit cards, will, living will, power of attorney, beneficiary on life insurance and retirement accounts, US tax returns filed as married filing jointly, basically any documentation you can get that can be done while living in separate countries.  The officer may have suspected the validity of your relationship, so pay attention to this or the CR-1 could be denied for the same reason.  Do more research on what others have done to file a spousal visa successfully, here on VJ threads.  Good luck with the CR-1 process!

Edited January 15, 2020 by carmel34

[SalishSea 17,836]

10 hours ago, adarkenigma said:

f I am gonna CR-1 I don't need to request congressman/senator assistance?  

How do you imagine they would help?  They cannot influence consular decisions at all.

[SalishSea 17,836]

11 hours ago, adarkenigma said:

Four months under Refused and admin process finally on Monday status changed to return to NVC and today my fiancé got email saying 

your documents are collected from US Embassy. when she went to pick up documents she got this letter. I been calling NVC here for last two days and they say they have not gotten anything yet. 

 

Can I still try to contact local congressman? (can someone point me towards contacting congressman/senator in state of Indiana please)

 

Is my petition dead? am I allowed to start another petition? (CR-1 maybe) or do I have to wait till this one expires? 

 

from what I understand from letter is CO did not have enough information (about me and my fiancé). before her interview when she offered documents from k-1 package I sent her, paper collecting lady only took I-129 and affidavit of support papers and return everything else. why they didnt take all the documents? 

 

please advice on what to do next. 

 

 

You will want to find out the reason why your fiancé is not eligible for the visa before submitting any new petition.  Did you by chance have an 'engagement ceremony' which could be perceived as a wedding?  Only one visit prior to filing?  Arranged marriage or first cousins?

[Just Paul 4,595]

I would make sure you deal the issues of why you k1 was denied, get married, spend more time together and file a front loaded CR1 petition.  Do everything you can to present the best case.