K1/CR1

[robertg 0]

Hi list,

Our K1 application has be sent back to NVC

Documents to be submitted:

Documents submitted by you are unable to establish that a credible relationship exists

between yourself and petioner. The fiance visa petition is valid for four months from the

date of its approval. Your petion was approved on December 27 2006, and since then, more than

four months have elapsed. Because the consular officer was not convinced with the relationships

between yourself and petitioner, the petition has not been validated. We have returned the

petition to the National Visa Center. Hence forth no further action will be taken by the post

on your case.

I am planning to get married and apply for CR1 and here are my questions:

I have already applied for I-129F, they already have all our information.

Do I have to start the application as a fresh?.

Did anyone went throught this?.

Thanks in advance

Raj

[payxibka 10,045]

Hi list,

Our K1 application has be sent back to NVC

Documents to be submitted:

Documents submitted by you are unable to establish that a credible relationship exists

between yourself and petioner. The fiance visa petition is valid for four months from the

date of its approval. Your petion was approved on December 27 2006, and since then, more than

four months have elapsed. Because the consular officer was not convinced with the relationships

between yourself and petitioner, the petition has not been validated. We have returned the

petition to the National Visa Center. Hence forth no further action will be taken by the post

on your case.

I am planning to get married and apply for CR1 and here are my questions:

I have already applied for I-129F, they already have all our information.

Do I have to start the application as a fresh?.

Did anyone went throught this?.

Thanks in advance

Raj

Yes, each petition must be a complete submission of all the required documents and must stand alone. You cannot reference any previous file petition in order to meet the documentation requirements.

[pushbrk 12,883]

Hi list,

Our K1 application has be sent back to NVC

Documents to be submitted:

Documents submitted by you are unable to establish that a credible relationship exists

between yourself and petioner. The fiance visa petition is valid for four months from the

date of its approval. Your petion was approved on December 27 2006, and since then, more than

four months have elapsed. Because the consular officer was not convinced with the relationships

between yourself and petitioner, the petition has not been validated. We have returned the

petition to the National Visa Center. Hence forth no further action will be taken by the post

on your case.

I am planning to get married and apply for CR1 and here are my questions:

I have already applied for I-129F, they already have all our information.

Do I have to start the application as a fresh?.

Did anyone went throught this?.

Thanks in advance

Raj

Yes, each petition must be a complete submission of all the required documents and must stand alone. You cannot reference any previous file petition in order to meet the documentation requirements.

About all your old petition is good for is "reference". You start from scratch. Pay special attention as you prepare for marriage, that you account for any apparent reason for your initial denial. If you don't see a reason, you aren't looking hard enough. I'm not saying the adjudicator was right. I'm saying there was a reason and you need to have a clue what it was and overcome it in the next try.

[YuAndDan 153]

I think you have a bigger 'nut to crack'... since you should be addressing (rebutting) as well, the reasons the K1 was denied. The denial is on the books; why will their mind change the second time? You will need to first deal with the mark of Misrepresentation attached to your fiancee's file back at USCIS.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[Michaela_Hassan 1]

I agree, I would definitely talk to a good immigration lawyer before I filed anything else.

[robertg 0]

I think you have a bigger 'nut to crack'... since you should be addressing (rebutting) as well, the reasons the K1 was denied. The denial is on the books; why will their mind change the second time? You will need to first deal with the mark of Misrepresentation attached to your fiancee's file back at USCIS.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

Hi list,

I was trying to find the actual reason for sending the petion back to NVC, I am posting the emails sent to New Delhi and their replies below. Please give me your thoughs on what could be the actual reason for sending it back.

Thanks in advnace

Raj

Subject: RE: case# NWD2006863004

Date: Fri, 18 May 2007 10:06:34 +0530

From: "Inquiries, Immigrant Visa" <IVND@state.gov> Add to Address Book Add Mobile Alert

To: "Rajesh Munikuntla" <munikuntla@yahoo.com>

Dear Petitioner:

This is in response to your e-mail regarding K-1 visa case number NWD

NWD2006863004.

Please note that in order to approve a fiancé visa, the consular

officer needs to be convinced that there exists a petitionable relationship

between the petitioner and the beneficiary. In this case, the

interviewing officer had concerns about the existing relationship between the

petitioner and the beneficiary, which could not be resolved by the

documents presented at the time of the interview and later through VFS. K

petitions expire after four months unless revalidated by an officer;

this petition was not revalidated. It was returned to the National Visa

Center (NVC) on May 10, 2007. Once NVC receives the petition, it will

return it to the approving DHS office.

Please direct all future inquiries regarding this case to the approving

DHS

office that has jurisdiction over your place of residence.

We hope this information is useful to you.

Sincerely,

Visa Information Unit

Consular Section

American Embassy

New Delhi, India

Website: <http://newdelhi.usembassy.gov

This email is unclassified as defined by E.O. 12958

-----Original Message-----

From: Rajesh Munikuntla [mailto:munikuntla@yahoo.com]

Sent: Thursday, May 17, 2007 5:38 PM

To: Inquiries, Immigrant Visa

Cc: komal26_26@yahoo.co.in

Subject: RE: case# NWD2006863004

Dear Sir/Madam,

It is very sad that it has been returned to NVC but

all I am asking you at this time to give the actual

reason for the return.

The process of re-validating takes long time, ours is

a genuine case and I am planning to marry her and file

for CR1 but unless I know the real reason it is hard

for me to decide. So all I am asking is to give the

real reason why the consular officer is not convinced

with our relationship.

Hope you understand the situation, please let me know

ASAP.

Thanking you

Sincerely yours

Rajesh Munikuntla

(Petioner)

--- "Inquiries, Immigrant Visa" <IVND@state.gov>

wrote:

> Dear Petitioner:

>

> This is in response to your e-mail regarding K-1

> visa case number NWD NWD2006863004.

>

> Your fiancé visa application is no longer in our

> office. Please note that fiancé petitions expire

> four months from the approval date. The consular

> officer has the discretion to re-validate fiancé

> petitions if they expire during processing.

> However, since the consular officer was not

> convinced of the relationship in this case, the

> petition was not revalidated. It was returned to

> the National Visa Center (NVC) on 10 May 2007. Once

> NVC receives the petition, it will return it to the

> approving DHS office. Please direct all future

> inquiries regarding this case to the approving DHS

> office that has jurisdiction over your place of

> residence.

>

> We hope this information is useful to you.

>

> Sincerely,

>

> Visa Information Unit

> Consular Section

> American Embassy

> New Delhi, India

> Website: <http://newdelhi.usembassy.gov

> This email is unclassified as defined by E.O. 12958

>

>

>

>

> -----Original Message-----

> From: Rajesh Munikuntla

> [mailto:munikuntla@yahoo.com]

> Sent: Wednesday, May 16, 2007 11:41 PM

> To: Inquiries, Immigrant Visa

> Cc: komal26_26@yahoo.co.in

> Subject: Re: case# NWD2006863004

>

> Dear Sir/Madam,

>

> After submitting every piece of document as evidence

> my petition looks like sent back to NVC, if it is

> still at the post I want a senior Consullar to take

> a

> look at the case before sending it to NVC. What

> happened in our case is total injustice and I am

> going

> to fight till the end.

>

> I already contacted Congressman Mike Furgussion and

> he

> will be assigning a Liaison to look into this

> matter.

>

> I am hoping a senior Consular will look into this

> matter ASAP, in the mean time I really appreciate if

> you let me know the actual reason for the

> return...not

> the blanket "validity of relationship" response.

>

> Thaking you

> Sincerely Yours

>

> Rajesh Munikuntla

> (Petioner)

[robertg 0]

I think you have a bigger 'nut to crack'... since you should be addressing (rebutting) as well, the reasons the K1 was denied. The denial is on the books; why will their mind change the second time? You will need to first deal with the mark of Misrepresentation attached to your fiancee's file back at USCIS.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

Hi list,

I was trying to find the actual reason for sending the petion back to NVC, I am posting the emails sent to New Delhi and their replies below. Please give me your thoughs on what could be the actual reason for sending it back.

Thanks in advnace

Raj

Subject: RE: case# NWD2006863004

Date: Fri, 18 May 2007 10:06:34 +0530

From: "Inquiries, Immigrant Visa" <IVND@state.gov> Add to Address Book Add Mobile Alert

To: "Rajesh Munikuntla" <munikuntla@yahoo.com>

Dear Petitioner:

This is in response to your e-mail regarding K-1 visa case number NWD

NWD2006863004.

Please note that in order to approve a fiancé visa, the consular

officer needs to be convinced that there exists a petitionable relationship

between the petitioner and the beneficiary. In this case, the

interviewing officer had concerns about the existing relationship between the

petitioner and the beneficiary, which could not be resolved by the

documents presented at the time of the interview and later through VFS. K

petitions expire after four months unless revalidated by an officer;

this petition was not revalidated. It was returned to the National Visa

Center (NVC) on May 10, 2007. Once NVC receives the petition, it will

return it to the approving DHS office.

Please direct all future inquiries regarding this case to the approving

DHS

office that has jurisdiction over your place of residence.

We hope this information is useful to you.

Sincerely,

Visa Information Unit

Consular Section

American Embassy

New Delhi, India

Website: <http://newdelhi.usembassy.gov

This email is unclassified as defined by E.O. 12958

-----Original Message-----

From: Rajesh Munikuntla [mailto:munikuntla@yahoo.com]

Sent: Thursday, May 17, 2007 5:38 PM

To: Inquiries, Immigrant Visa

Cc: komal26_26@yahoo.co.in

Subject: RE: case# NWD2006863004

Dear Sir/Madam,

It is very sad that it has been returned to NVC but

all I am asking you at this time to give the actual

reason for the return.

The process of re-validating takes long time, ours is

a genuine case and I am planning to marry her and file

for CR1 but unless I know the real reason it is hard

for me to decide. So all I am asking is to give the

real reason why the consular officer is not convinced

with our relationship.

Hope you understand the situation, please let me know

ASAP.

Thanking you

Sincerely yours

Rajesh Munikuntla

(Petioner)

--- "Inquiries, Immigrant Visa" <IVND@state.gov>

wrote:

> Dear Petitioner:

>

> This is in response to your e-mail regarding K-1

> visa case number NWD NWD2006863004.

>

> Your fiancé visa application is no longer in our

> office. Please note that fiancé petitions expire

> four months from the approval date. The consular

> officer has the discretion to re-validate fiancé

> petitions if they expire during processing.

> However, since the consular officer was not

> convinced of the relationship in this case, the

> petition was not revalidated. It was returned to

> the National Visa Center (NVC) on 10 May 2007. Once

> NVC receives the petition, it will return it to the

> approving DHS office. Please direct all future

> inquiries regarding this case to the approving DHS

> office that has jurisdiction over your place of

> residence.

>

> We hope this information is useful to you.

>

> Sincerely,

>

> Visa Information Unit

> Consular Section

> American Embassy

> New Delhi, India

> Website: <http://newdelhi.usembassy.gov

> This email is unclassified as defined by E.O. 12958

>

>

>

>

> -----Original Message-----

> From: Rajesh Munikuntla

> [mailto:munikuntla@yahoo.com]

> Sent: Wednesday, May 16, 2007 11:41 PM

> To: Inquiries, Immigrant Visa

> Cc: komal26_26@yahoo.co.in

> Subject: Re: case# NWD2006863004

>

> Dear Sir/Madam,

>

> After submitting every piece of document as evidence

> my petition looks like sent back to NVC, if it is

> still at the post I want a senior Consullar to take

> a

> look at the case before sending it to NVC. What

> happened in our case is total injustice and I am

> going

> to fight till the end.

>

> I already contacted Congressman Mike Furgussion and

> he

> will be assigning a Liaison to look into this

> matter.

>

> I am hoping a senior Consular will look into this

> matter ASAP, in the mean time I really appreciate if

> you let me know the actual reason for the

> return...not

> the blanket "validity of relationship" response.

>

> Thaking you

> Sincerely Yours

>

> Rajesh Munikuntla

> (Petioner)

I have called the Dept of state number 202-663-1225 press 1 then 0 for file information and as per them the case is routed back to National Visa Center and I will get a letter from National Visa Center. The person I spoke saying there is no time frame when I will receive the letter from NVC, she said call NVC at (603)334-0700 time to time to get the update.

Anyone went through this, does it help to get any information?.

[brnidokiegurl 0]

Ok i just called NVC at the number you gave, since its hard to get thru to them and im at work i just sent them email on our case before they were good to answer so i will post if there is a return answer to mine.

[robertg 0]

Ok i just called NVC at the number you gave, since its hard to get thru to them and im at work i just sent them email on our case before they were good to answer so i will post if there is a return answer to mine.

What is their email?

[brnidokiegurl 0]

"NVC Inquiry" <nvcinquiry@state.gov>

[robertg 0]

"NVC Inquiry" <nvcinquiry@state.gov>

Hi all,

I have received the following email from NVC, did it mean they have sent the petition to New Delhi Post?, please help.

Subject: RE: case# NWD2006863004

Date: Tue, 22 May 2007 12:50:35 -0400

From: "NVC Inquiry" <NVCInquiry@state.gov> Add to Address Book Add Mobile Alert

To: "Rajesh Munikuntla" <munikuntla@yahoo.com>

Good afternoon,

Your inquiry has been received at the National Visa Center (NVC). The

NVC has completed its processing of the visa petition you mentioned in

your letter and has forwarded the petition to the assigned US

Embassy/Consulate General for further processing.

Any further inquiries should be directed to the assigned US Embassy or

Consulate General.

Regards,

National Visa Center

GMC

-----Original Message-----

From: Rajesh Munikuntla [mailto:munikuntla@yahoo.com]

Sent: Friday, May 18, 2007 11:06 PM

To: NVC Inquiry

Subject: case# NWD2006863004

Dear Sir/Madam,

My petition has been returned from New Delhi post to

National Visa Center, could you please let me know

whether you received the package, if it has been

received could you please let me know the actual

reason why the petition has been sent back.

Thanking you

Sincerel yours

Rajesh Munikuntla

[robertg 0]

"NVC Inquiry" <nvcinquiry@state.gov>

Hi all,

I have received the following email from NVC, did it mean they have sent the petition to New Delhi Post?, please help.

Subject: RE: case# NWD2006863004

Date: Tue, 22 May 2007 12:50:35 -0400

From: "NVC Inquiry" <NVCInquiry@state.gov> Add to Address Book Add Mobile Alert

To: "Rajesh Munikuntla" <munikuntla@yahoo.com>

Good afternoon,

Your inquiry has been received at the National Visa Center (NVC). The

NVC has completed its processing of the visa petition you mentioned in

your letter and has forwarded the petition to the assigned US

Embassy/Consulate General for further processing.

Any further inquiries should be directed to the assigned US Embassy or

Consulate General.

Regards,

National Visa Center

GMC

-----Original Message-----

From: Rajesh Munikuntla [mailto:munikuntla@yahoo.com]

Sent: Friday, May 18, 2007 11:06 PM

To: NVC Inquiry

Subject: case# NWD2006863004

Dear Sir/Madam,

My petition has been returned from New Delhi post to

National Visa Center, could you please let me know

whether you received the package, if it has been

received could you please let me know the actual

reason why the petition has been sent back.

Thanking you

Sincerel yours

Rajesh Munikuntla

Never mind, it was nothing. I just called them, they haven't received the mail from New Delhi yet and they are saying they will the mail to USCIS, Vermont when received.

[cantwait2long 0]

Rajesh,

Did you call the US consulate to find out about you case.