Rebut a consulant's findings at USCIS!

[Peter&TT 0]

Here is my denial white slip

http://www.visajourney.com/forums/index.ph...t=#entry2776620

"[EXCERPT]...When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consulant findings concerning this case....."

So there is light at the end of the tunnel - I do have a chance!!! However I wonder how I submit more evidence or clarification to USCIS. Are they going to send you a form or something? Does anyone ever success to rebut a consular's findings after the case is returned to USCIS? If so, how will the process be processed again? (ie, Will USCIS resend the package to NVC, then Consulate, then re-interview?)

Your inputs are greatly appreciated.

Many thanks.

Cam

[YuAndDan 153]

Moving this to "Waivers (I-601 and I-212) and Administrative Processes (221g)"

[Zayd 0]

Here is my denial white slip

http://www.visajourney.com/forums/index.ph...t=#entry2776620

"[EXCERPT]...When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consulant findings concerning this case....."

So there is light at the end of the tunnel - I do have a chance!!! However I wonder how I submit more evidence or clarification to USCIS. Are they going to send you a form or something? Does anyone ever success to rebut a consular's findings after the case is returned to USCIS? If so, how will the process be processed again? (ie, Will USCIS resend the package to NVC, then Consulate, then re-interview?)

Your inputs are greatly appreciated.

Many thanks.

Cam

Cam,

I129F forms expire four months after they are approved. Often, the service center lets them expire and die and will never send any followup concerning the case. This happens more at CSC than at VSC so there is a good chance it will just be allowed to expire (if it hasn't already) with no chance for you to rebut. You are in a difficult situation. Since the K1 is still pending, it is not always possible to file for a CR1. Your best hope is to get them to reconsider the petition in HCMC. Marc Ellis is probably the best lawyer to help you with the case at HCMC. Many people have had issues while at HCMC and most go with Marc as he routinely travels there and have good ties to the embassy. He is your best bet to get this reversed. His website is http://www.marcellislaw.com/ .

Others who know more about HCMC can comment. Odds are you will get no chance to rebut and you need to move ASAP to prevent it getting sent back. K1 petitions are only usually sent back to die.

[payxibka 10,045]

Here is my denial white slip

http://www.visajourney.com/forums/index.ph...t=#entry2776620

"[EXCERPT]...When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consulant findings concerning this case....."

So there is light at the end of the tunnel - I do have a chance!!! However I wonder how I submit more evidence or clarification to USCIS. Are they going to send you a form or something? Does anyone ever success to rebut a consular's findings after the case is returned to USCIS? If so, how will the process be processed again? (ie, Will USCIS resend the package to NVC, then Consulate, then re-interview?)

Your inputs are greatly appreciated.

Many thanks.

Cam

Do not "bank" on this as you final hope... others have experienced something quite different...

[Kevin and 10]

My CR1/IR1 was sent back to the USCIS and all I have gotten from them is a Notice Of Action receiving my case from the NVC.

[Anh map 2,098]

This white slip is going to be tough to rebut. Was your fiance extremely nervous at the interview?

The reason for not having the Dam Hoi is out of the norm. That seems to be one of the primary events that the HCMC CO's look for.

[bryonm4 0]

Here is my denial white slip

http://www.visajourney.com/forums/index.ph...t=#entry2776620

"[EXCERPT]...When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consulant findings concerning this case....."

So there is light at the end of the tunnel - I do have a chance!!! However I wonder how I submit more evidence or clarification to USCIS. Are they going to send you a form or something? Does anyone ever success to rebut a consular's findings after the case is returned to USCIS? If so, how will the process be processed again? (ie, Will USCIS resend the package to NVC, then Consulate, then re-interview?)

Your inputs are greatly appreciated.

Many thanks.

Cam

I read your denial letter. I would say you have a hard case but if your releatinship is true she will be able to come over it will just take time. I don't think you will be able to rebutt it since they expire and if you cannot stop it at the consulate then the best option I think would be to marry her and file for a CR1. I would seek the advice of an attorny first to see if they can stop it and if they cannot then I would seek there advice on what to do next.

[Ann 26 1]

Here is my denial white slip

http://www.visajourney.com/forums/index.ph...t=#entry2776620

"[EXCERPT]...When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consulant findings concerning this case....."

So there is light at the end of the tunnel - I do have a chance!!! However I wonder how I submit more evidence or clarification to USCIS. Are they going to send you a form or something? Does anyone ever success to rebut a consular's findings after the case is returned to USCIS? If so, how will the process be processed again? (ie, Will USCIS resend the package to NVC, then Consulate, then re-interview?)

Your inputs are greatly appreciated.

Many thanks.

Cam

Wow, how disappointing, but the findings of Consul Officer seems to be very strong and I doubt they will be overcome even if USCIS later decides to look at the returned petition..

When I got my white slip, it said absolutely NOTHING, as she found nothing real in the relationship and I got approved second time by the same consul officer after long and detailed interview(me and my hsuband both)

I wish you the best ,but consider the case "dead" to be reviewed any time soon.Normally fiancee visa petitions are reviewed very seldom, as the time (validity) is expired for a long long time, so the only thing the petitioner can do is to contact the senator and show the interest in the case, it helps a little bit.Try ,, you might get lucky

[Sinh & Lien 0]

I am really sorry to hear that the outcome of your petition is a denial. I did NOT have an engagement ceremony, but i told them when and where i was going to have it. I did mention to them that that was my plan REGARDELESS of the outcome of the visa. I think that is where our cases are a bit different, i never made a condition to do the engagement and wedding only when my fiance got her visa. That just sounds' wrong.

Anyways, it looks like your fiance got real nervous, because there are a long list of items besides the non-engagement aspect. She didn't seem to know you and your family that well, that is NOT a good thing. And i can only assume that those factors made the fact that you did not have an engagement that more difficult to ignore. Whatever you wrote or told them through the application and follow-up interview, you the petitioner, actually gives them all the questions to ask your fiance (the beneficiary), and when those two stories (answers) don't match up, they will give you a problem.

It's not the end of the world, though it may seem that way. Unfortunately i have no experience with what you are going through. Though it seems the members here will have some thing to add to that. There is always hope, remember that your case is real, so don't worry. I know it sucks not to have all the marbles fall in the order that you want, but you will have to live with it. The sooner you get our head clear, the better. If you remain emotional you will not think clearly. Lastly, please don't be too rough on your fiance (like i was) you will only end up regretting it. This will no doubt we a test for your relationship.

If at all possible, i would recommend that you do both of the things that you asked. Call your congressman (i dont know how that would work) and go back to Vietnam with your dad. That will help in any case of a follow-up. Having your father with you is a huge postive and if you can do the engagement, all the better. Best of luck.

[Anh map 2,098]

I am really sorry to hear that the outcome of your petition is a denial. I did NOT have an engagement ceremony, but i told them when and where i was going to have it. I did mention to them that that was my plan REGARDELESS of the outcome of the visa. I think that is where our cases are a bit different, i never made a condition to do the engagement and wedding only when my fiance got her visa. That just sounds' wrong.

Anyways, it looks like your fiance got real nervous, because there are a long list of items besides the non-engagement aspect. She didn't seem to know you and your family that well, that is NOT a good thing. And i can only assume that those factors made the fact that you did not have an engagement that more difficult to ignore. Whatever you wrote or told them through the application and follow-up interview, you the petitioner, actually gives them all the questions to ask your fiance (the beneficiary), and when those two stories (answers) don't match up, they will give you a problem.

It's not the end of the world, though it may seem that way. Unfortunately i have no experience with what you are going through. Though it seems the members here will have some thing to add to that. There is always hope, remember that your case is real, so don't worry. I know it sucks not to have all the marbles fall in the order that you want, but you will have to live with it. The sooner you get our head clear, the better. If you remain emotional you will not think clearly. Lastly, please don't be too rough on your fiance (like i was) you will only end up regretting it. This will no doubt we a test for your relationship.

If at all possible, i would recommend that you do both of the things that you asked. Call your congressman (i dont know how that would work) and go back to Vietnam with your dad. That will help in any case of a follow-up. Having your father with you is a huge postive and if you can do the engagement, all the better. Best of luck.

[bryonm4 0]

Here is my denial white slip

http://www.visajourney.com/forums/index.ph...t=#entry2776620

"[EXCERPT]...When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consulant findings concerning this case....."

So there is light at the end of the tunnel - I do have a chance!!! However I wonder how I submit more evidence or clarification to USCIS. Are they going to send you a form or something? Does anyone ever success to rebut a consular's findings after the case is returned to USCIS? If so, how will the process be processed again? (ie, Will USCIS resend the package to NVC, then Consulate, then re-interview?)

Your inputs are greatly appreciated.

Many thanks.

Cam

Wow, how disappointing, but the findings of Consul Officer seems to be very strong and I doubt they will be overcome even if USCIS later decides to look at the returned petition..

When I got my white slip, it said absolutely NOTHING, as she found nothing real in the relationship and I got approved second time by the same consul officer after long and detailed interview(me and my hsuband both)

I wish you the best ,but consider the case "dead" to be reviewed any time soon.Normally fiancee visa petitions are reviewed very seldom, as the time (validity) is expired for a long long time, so the only thing the petitioner can do is to contact the senator and show the interest in the case, it helps a little bit.Try ,, you might get lucky

Not sure what you mean but if you are saying the K1 would be very hard to overcome then you are correct but if you are saying there is no way to overcome and bring her here then I disagree. I have seen many cases in the same situation that were easily overcome by getting married and filing for a CR1 visa.

[Peter&TT 0]

First thanks all your inputs.

1/ In my timeline I wrote that "I requested my parents' fiancee to postpone the formal engagement (E) celemony until a visa is granted and they accepted it. It's because for most Vietnamese peope, if a would-be bride cannot get married or be with her would-be husband, it's rumored that she is abandoned. And I definitely don't want that type of rumor happens to my beloved fiancee."

I also wrote my plan of marriage once she obtains her visa as follows: "Once my fiancee obtains her visa, within a month or so my father and I will fly back .....firstly to held a formal E-farewell celebration & formally thank my fiancee's parents in person for letting me marrying their daughter, secondly to escort her to America."

2/ My siblings' occupations: they asked her WHAT they do, she answered WHERE they worked! And she answered correctly where my siblings work.

3/ They asked "if we prepare for wedding plan & how many guests." She said "not yet because my fiance wants once I get there we will prepare together." (When saying that she meant only in terms of materially wedding planning such as- restaurant, foods/drinks, list of guests, estimated cost, etc. And that's true I haven't planned that part but the spiritual part (like asking a priest, registering for a marriage preparation class at my parish. ) however she should have said "but we will legalize/register our marriage with the state of Illinois within 90days." She was nervous.

What scares me the most is the consequence of my petition for her again (I'll marry her in VN, get marriage cert there and apply CR1). But I heard a story of already-married couple (no children) whose husband is prohibitted to enter America 10 yrs after his wife re-petitioned CR1 and got denied second time. I'm thinking of pregnancy with my fiancee and reapply K1 again or K3. Will that overcome their denial reasons? (I'm very reluctant with CR1 because most paperwork (esp marriage cert) are done in Vietname and there are a lot of non-transparency/police corruptions/bribery overthere. However, I'll do whatever it takes to marry this girl.)

Thanks very much VJ friends for your inputs. I'm grateful to reading your comments.

Cam

PS:

"Lastly, please don't be too rough on your fiance (like i was) you will only end up regretting it"===> Sinh & Lien, Thanks for the warming.

[Peter&TT 0]

"....Applicants will not be re-interviewed and cases closed administratively by the Consulate will not be re-opened or reviewed during this time." (http://hochiminh.usconsulate.gov/contact/consular.html)

--->Thus, having my dad flying with me next Monday to Saigon to held an E ceremony at this point seems fruitless. I'd save his flight for a W later this year. (He's old 74 & can't fly much.) I'll fly there just to be and comfort my fiancee regardless.

In terms of appealing my case while it's still at HCM, what should I do to show the genuise of my case to the Consulate while I'm in HCMC next Monday besides contacting an attoney (eg, ME)?

Thanks.

Cam

[Peter&TT 0]

Hi guys,

If my attoney or Senator/Congressman requests successfully my case not being sent back to USCIS, what happens next to my case? Will a CO review/reopen my case & my fiancee be given another interview?

Thanks.

Cam

[thepizzadude 26]

"....Applicants will not be re-interviewed and cases closed administratively by the Consulate will not be re-opened or reviewed during this time." (http://hochiminh.usconsulate.gov/contact/consular.html)

--->Thus, having my dad flying with me next Monday to Saigon to held an E ceremony at this point seems fruitless. I'd save his flight for a W later this year. (He's old 74 & can't fly much.) I'll fly there just to be and comfort my fiancee regardless.

In terms of appealing my case while it's still at HCM, what should I do to show the genuise of my case to the Consulate while I'm in HCMC next Monday besides contacting an attoney (eg, ME)?

Thanks.

Cam

From 4:00 pm to 5:00 pm on Tuesdays and Wednesdays, a Consular Section staff member is available to answer questions concerning the status of immigrant visa cases. Petitioners may submit documents for cases not closed administratively by the Consulate but reviews will take place later. Applicants will not be re-interviewed and cases closed administratively by the Consulate will not be re-opened or reviewed during this time.

I think this is referring to the 4-5pm timestlot on Tues and Weds but you may want to get clarification

Good Luck