revoked MY K-1 WAS REVOKED ( HOW DO I APPLY FOR CR-1)

[WaterLeaf 201]

A few thing I can think of from top of my head while reading this thread;

-Did the lawyer have a copy of everything he sent in? Can you couple go over it and make sure everything is correct? Name, address, other info?
-Is the form being submitted is not out of date and using the latest version?
-Advance Processing do have some funny long maintenance. Our was from Petition > NVC > Embassy > USCIS > Embassy > Interview > Background checks / AP. It just look like some stuff wasn't completely done.

So just take time. Congress don't always return answer on the same day. Remind yourselves that business hours times is important, not everything get done sooner than expected.
-Lastly, wait for congress to respond.
-Then, dump lawyer because you guys can do it yourselves and cost less than the lawyer... just my suggestion though. Less riskier and you guys are more deeper involved to make sure things get done RIGHT!!! That's the only way you guys gonna know how this process work! #1!!!!!!!!!!!!!!!!!!!!!!!!!!!one!!! ONE!!!!!!!!1111!

Get the info from above first. It will take time. Don't start asking to do anything with CR1 now or else until the answer come back. Once you guy know the answer in the timely matter then we can help. Don't try to rush... it may break things apart.

[MachadoMercedess 2]

@SusieQQQ I live in Miami, FL and my Zip code is 33177 - So, is my representative Debbie Mucarsel-Powell ? If so, is this the only person I can contact? I wish i could go in person somewhere here locally. 

[Boiler 46,312]

You have 2 Senators.

[SusieQQQ 11,587]

31 minutes ago, MachadoMercedess said:

@SusieQQQ I live in Miami, FL and my Zip code is 33177 - So, is my representative Debbie Mucarsel-Powell ? If so, is this the only person I can contact? I wish i could go in person somewhere here locally. 

Her, or either of your two senators. Sometimes an online search may reveal that one representative cares more about immigration issues than others but generally, if you are a USC in their district they will help you. 
 

Going in person anywhere locally (if you mean uscis) is going to be absolutely no help.

[VISBIS 18]

Based on reading this entire forum and @Eseskay previous post, I get the feeling that you haven't done your homework on this subject enough (K1 Visa). This is not a personal jab at you, but from your initial responses, you made it sound so much like you're only doing this for the visa. If your responses at the interview stages were also similar, that could've raised a lot of red flags. 

 

I think while @MachadoMercedess contacts the senators office, @Eseskay you should educate yourself more of the process of both the K1 and the CR1. Go through every document submitted starting from the I129F and then every piece of evidence sent to USCIS. See if there has been any mistakes done by your lawyer. Then go through every piece of document taken to the interview, including the i134, and specially the DS160. Go word by word on all these documents and make sure you haven't made any mistakes or anything that would raise red flags. Then talk with your fiance about the interview and try to remember any and every question asked by the officer and your responses. See if any of them have raised any flags. That's probably the most you could do from your end at this stage in addition to preparing for the CR1 if you guys decide to pursue that. 

 

 

One hopeful thing here is, the senators office can do a lot here. Not to get your hopes up too much, but I have seen posts here in the past where denied couples have been able to get second interviews, finding additional information about denials, move cases that's been stuck for a long time forward and such after the senator's office gets involved. So contacting the senators office should definitely help in some way. 

 

Also I don't think it's a good idea to pursue a tourist visa at this point. Likelihood of you getting accepted is very low after this denial and will pile up as an additional denial on to your file. Also while on the tourist visa in the US, if you guys get married, they'll most likely interpret that as visa fraud and ban @Eseskay completely from entering the US. At this point patience is key and I can imagine how difficult this must be. Good luck :)

[Boiler 46,312]

The issue seems to have arisen during AP, not at the Interview.

[Eseskay 1]

1 hour ago, VISBIS said:

Based on reading this entire forum and @Eseskay previous post, I get the feeling that you haven't done your homework on this subject enough (K1 Visa). This is not a personal jab at you, but from your initial responses, you made it sound so much like you're only doing this for the visa. If your responses at the interview stages were also similar, that could've raised a lot of red flags. 

 

I think while @MachadoMercedess contacts the senators office, @Eseskay you should educate yourself more of the process of both the K1 and the CR1. Go through every document submitted starting from the I129F and then every piece of evidence sent to USCIS. See if there has been any mistakes done by your lawyer. Then go through every piece of document taken to the interview, including the i134, and specially the DS160. Go word by word on all these documents and make sure you haven't made any mistakes or anything that would raise red flags. Then talk with your fiance about the interview and try to remember any and every question asked by the officer and your responses. See if any of them have raised any flags. That's probably the most you could do from your end at this stage in addition to preparing for the CR1 if you guys decide to pursue that. 

 

 

One hopeful thing here is, the senators office can do a lot here. Not to get your hopes up too much, but I have seen posts here in the past where denied couples have been able to get second interviews, finding additional information about denials, move cases that's been stuck for a long time forward and such after the senator's office gets involved. So contacting the senators office should definitely help in some way. 

 

Also I don't think it's a good idea to pursue a tourist visa at this point. Likelihood of you getting accepted is very low after this denial and will pile up as an additional denial on to your file. Also while on the tourist visa in the US, if you guys get married, they'll most likely interpret that as visa fraud and ban @Eseskay completely from entering the US. At this point patience is key and I can imagine how difficult this must be. Good luck

@MachadoMercedess and i will go through the entire thing step by step to see what could have gone wrong and apply for a CR-1 with caution. That's the only thing we can do at this point. 
Do you think that the sentor's office does get involved? and if they do, how much time do you think it would take us from now to find out the reason for the denial?

[Just Paul 4,595]

On 2/7/2020 at 12:08 PM, Eseskay said:

Do you think that the sentor's office does get involved? and if they do, how much time do you think it would take us from now to find out the reason for the denial?

She can contact both senators and the house member.  I've seen good results with some house members over senators.  Here is Phoenix the Hispanic House Member has gotten back to us fater then either senator.

[SalishSea 18,225]

On 2/7/2020 at 11:08 AM, Eseskay said:

@MachadoMercedess and i will go through the entire thing step by step to see what could have gone wrong and apply for a CR-1 with caution. That's the only thing we can do at this point. 
Do you think that the sentor's office does get involved? and if they do, how much time do you think it would take us from now to find out the reason for the denial?

Senators and congresspersons can get involved only as it pertains to inquiring about a case.  They cannot influence consular decisions either way.

[LizaH 6]

The case may have been sent back to USCIS because they believe the petition was approved when it should not have. Perhaps some information was missing or perhaps some dates don’t match, it could be anything. USCIS may review the case again.
You are required to stay in touch with the Embassy as the application will expire after one year. You have to keep enquiring, also you need to keep an eye on the NVC website where you submit documents as sometimes after 1 year the visa application status changes from submitted to reopened. It’s automatically doing this. It needs to stay in submitted status. 
If it was sent back to USCIS you can contact them directly to find out why it was revoked. The Ombudsman through Department of Homeland Security is who you contact for cases at USCIS, they can investigate. https://www.dhs.gov/case-assistance
 

[pm5k 129]

Did you and your fiance meet within the two year period before applying for the visa?  If not, why didn't you?  That is another common reason for denials.

[geowrian 22,338]

9 hours ago, LizaH said:

If it was sent back to USCIS you can contact them directly to find out why it was revoked.

It won't be revoked. it will sit to expire, by USCIS policy.

If USCIS were to review and then revoke it, there would be a material misrepresentation bar. This carries a permanent (although waivable) inadmissibility.

 

See 9 FAM 302.9-4(B)(8)

https://fam.state.gov/fam/09FAM/09FAM030209.html#M302_9_4_B_8

Quote

Misrepresentations in Family Relationship Petitions:  USCIS retains exclusive authority to deny or revoke family-relationship immigrant visa (IV) petitions.  Thus, a misrepresentation with respect to entitlement to the classification based on the relationship, e.g., a sham marriage in an IR-1 case, cannot be deemed material as long as the petition remains valid.  Upon discovery of a misrepresentation, you must return the petition to the appropriate USCIS office via the National Visa Center.  If the petition is revoked, the materiality of the misrepresentation is established. In some cases, the relationship and petition may still be valid, but the alien may misrepresent eligibility for the classification in a different way that is not relevant to the petition's validity, in those cases, the consular officer retains the authority to make a INA 212(a)(6)(C)(i) determination.

 

Edited February 12, 2020 by geowrian

[LizaH 6]

17 minutes ago, geowrian said:

It won't be revoked. it will sit to expire, by USCIS policy.

If USCIS were to review and then revoke it, there would be a material misrepresentation bar. This carries a permanent (although waivable) inadmissibility.

 

See 9 FAM 302.9-4(B)(8)

https://fam.state.gov/fam/09FAM/09FAM030209.html#M302_9_4_B_8

 

I’m going by what she explained, she doesn’t know why it was sent back, she said it was revoked but it’s not clear. She has to contact USCIS to find out what the problem is then go from there.

[Boiler 46,312]

12 minutes ago, LizaH said:

I’m going by what she explained, she doesn’t know why it was sent back, she said it was revoked but it’s not clear. She has to contact USCIS to find out what the problem is then go from there.

Eventually she will be told it has expired, thats it, that is how they are handled.

[WaterLeaf 201]

13 hours ago, pm5k said:

Did you and your fiance meet within the two year period before applying for the visa?  If not, why didn't you?  That is another common reason for denials.

They said they met several times in different countries. It was mentioned on the first page since you didn't read the thread...