robertg

July 14, 2008

Hi list,

I received NOA1 on Jan 2008 and so far still waiting for the approval, how do I know when is my file touched last time?

Thanks in advance

Raj

March 12, 2008

Why was your K-1 denied? Is the K-1 application completely 'closed'...as in have you received communication from USCIS to that extent? It is important that you verify that your K-1 is completely closed as/per USCIS before a new petition is filed for the same beneficiary.
Unfortunately, once you send in communication stating you want to withdraw the petition, it is almost impossible to 'intercept' the communication and un-withdraw your application. Once USCIS receives your letter, your petition would be marked 'withdrawn'....I don't know of a way in which you can then re-open said petition. You will have to re-file.

-P

Also, an I-130 is not an application for a K3 visa. It is a "petition" which when approved will allow your spouse to "apply" for a CR1, not K3 visa.

When did you send the petition?

When did you send the letter withdrawing the petition?

I know that's what I meant actually CR1 not K3. Petition was received by them on Sep 13th and the letter to withdraw the petition was sent last week.

March 11, 2008

Hi list,
I have sent my I-130 petition on Sep 12th and after 4 months on Jan 24th 2008 I received NOA1, in the mean time my wife was getting really impatient and we lost trust in each other. I was so frusrated and sent a letter to USCIS to withdraw my petition which is a big foolish mistake. Is is possible to send USCIS another request to continue the process or is it too late?.

Anyone was in this kind of situation? please help!!!!!!!!!.

Thanks in advance

If the letter you sent was sufficient to withdraw the petition, then it is unlikely you can un-withdraw it. I suspect you'll be filing again but it wouldn't hurt to make an infopass appointment and ask.

Not yet, I just sent the application last week. Is it possible that they may send a enquriry about this and that time I have a chance to explain them to continue the process?

Our k1 was denied then we married and sent the application for K3.

March 11, 2008

Hi list,

I have sent my I-130 petition on Sep 12th and after 4 months on Jan 24th 2008 I received NOA1, in the mean time my wife was getting really impatient and we lost trust in each other. I was so frusrated and sent a letter to USCIS to withdraw my petition which is a big foolish mistake. Is is possible to send USCIS another request to continue the process or is it too late?.

Anyone was in this kind of situation? please help!!!!!!!!!.

Thanks in advance

January 18, 2008

Hello list,
I have sent my I-130 petion to VSC on Sept 12th 2007, so far I haven't received NOA1. I need to withdraw I-130 petion, what is the procedure to withdraw my petion at this time, are there any issues I need to be aware of for withdrawing this petition?.

Thanks in advance

As per their site:

An applicant or petitioner may withdraw an application or petition at

any time until a decision is issued by the Service or, in the case of

an approved petition, until the person is admitted or granted

adjustment or change of status, based on the petition. However, a

withdrawal may not be retracted. An applicant who wishes to withdraw a

visa petition (Form I-130, Petition for Alien Relative) should write a

letter to the BCIS office where the petition was filed. The letter

should include the beneficiary's name, date and country of birth, and

A-number or Receipt -number, the date petition was filed, reason for

withdrawing the petition and the petitioner's name, signature and

address. "

I don't have a receipt number at this time, do I need to wait until I get NOA1 in the mail? is it ok to send withdrawal request without NOA1?

January 18, 2008

Hello list,

I have sent my I-130 petion to VSC on Sept 12th 2007, so far I haven't received NOA1. I need to withdraw I-130 petion, what is the procedure to withdraw my petion at this time, are there any issues I need to be aware of for withdrawing this petition?.

Thanks in advance

November 5, 2007

I-130 was sent to VSC on Sept 11

Received by VSC on Sept 12th

I don't have NOA1 yet

October 15, 2007

Hi list,

Did anyone sent their petition in the month of September 2007 and received NOA1?, my application was received on Sept 12th 2007 but I haven't received NOA1 yet.

Thanks in advance

October 3, 2007

Hi list,

Any one know the phone number of USCIS, Vermont?, following number only gives automated information

1-800-375-5283

My petition was received by USCIS on Sep 12th, I haven't received NOA1 yet. I am little bit worried.

Thanks in advance

Raj

September 13, 2007

Hi list,

Does Delhi or Chennai U.S Embassy's allow petioner along with the beneficiary during the interview?, please let me know.

Thanks

Raj

September 12, 2007

Hi list,

Previously I have applied for I-129f and that petion has been returned to USCIS because for some reason the Consullar office was not convinced, I know many people have replied to me about the issues I have to face because I am married now and filed for I-130 petition. Here are my questions:

I have sent a application to withdraw my previous I-129f petition along with I-130 and supporting documents

after NOA1, is it advisable to send i-129f for K3 visa and also do I need to pay fee for I-129f?

Please let me know.

Raj

September 12, 2007

Hi list,

If the spouse is outside of U.S, do they allow me to go along with her during the time of interview?.

Please let me know.

Raj

September 7, 2007

Hi list,

Is G-325A required for children aged 7?, please let me know.

Thanks

September 5, 2007

Consullate has sent the application back to USCIS (request for denial)
Anyone know the current fee for I-130, does check has to be USCIS certified?

The fee can be paid by a personal check.

Is this the correct address where I-130 can be sent?:

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services

Vermont Service Center

75 Lower Welden St.

Saint Albans, Vermont 05479

September 5, 2007

Consullate has sent the application back to USCIS (request for denial)

Hi list,
I have applied for I-129F before which was sent back, now I am married and I am applying for I-130. I have the following questions:

In I-130 question#16

do I put Yes or No

If Yes then I think I should put Vermont Center, Vermont

and also I am planning to send a withdrawal of K1 visa along with I-130, is there anything else I need to submit along with I-130.

Please let me know.

Thanks in advance

Anyone know the current fee for I-130, does check has to be USCIS certified?

Hi list,
I have applied for I-129F before which was sent back, now I am married and I am applying for I-130. I have the following questions:

In I-130 question#16

do I put Yes or No

If Yes then I think I should put Vermont Center, Vermont

and also I am planning to send a withdrawal of K1 visa along with I-130, is there anything else I need to submit along with I-130.

Please let me know.

Thanks in advance

September 5, 2007

Hi list,

I have applied for I-129F before which was sent back, now I am married and I am applying for I-130. I have the following questions:

In I-130 question#16

do I put Yes or No

If Yes then I think I should put Vermont Center, Vermont

and also I am planning to send a withdrawal of K1 visa along with I-130, is there anything else I need to submit along with I-130.

Please let me know.

Thanks in advance

August 16, 2007

Are they for the I-130? If so, PM me your e-mail address and I'll send you the ones I have.
Diana

I am in a process of applying for K3, could you please email me sample affidavit to munikuntla@yahoo.com

Thanks

Raj

August 15, 2007

Hi list,

I am planning getting married this month and I am trying to prepare the list of things I need to apply for I-130 petition. I noticed along with the marriage certificate one of the following need to be sent:

Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonaifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

Is it ok if I get 5. affidavits from mother and brother?

I have previously applied for I-129F but without rebutting that I am marrying my Fiancee, any advice in this case?

Thanks in advance

Raj

May 22, 2007

"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.

May 22, 2007

"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

May 18, 2007

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?

May 18, 2007

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?.

May 18, 2007

Robertg: what happened to you is totally unfair. Fight to the end! While I was going through the process, I made a lot of notes in case we were denied, because we are a so-called "high-risk" couple. Please see info by Kiyah below, that I saved. Again, good luck!
http://www.visajourney.com/forums/index.ph...3896&st=330

221g - Guide: Returning Petitions/Applications Under Section 221(g) of the INA

--------------------------------------------------------------------------------

The following guide is specific to returned petitions/applications under Section 221(g) of the Immigration and Nationality Act issued by the Department of State at the conclusion of a beneficiary interview. In no way is this guide legal advice, and should never be used in place of a good immigration attorney. The information has been compiled from personal experience and months of research.

First a Little Basic 101 on the 221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing or Administrative Review. However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.

Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?

221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.

Petition is returned to the United States by the interviewing consulate for "further review" in what is called a diplomatic pouch.

Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.

Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.

Local service center receives returned petition.

Local service center who processed the original petition sends a notice of receipt to the petitioner.

Local service center reviews the returned petition and consular officer notes on the case.

Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.

Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.

Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.

If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.

· If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.

Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.

Consulate notifies the beneficiary of a new interview date.

Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

What can you do immediately when faced with this issue:

First and foremost, contact a good immigration attorney.

Immediately have the beneficiary send a scanned copy of the 221(g) issued.

Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.

If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.

Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.

Provide your congressman/senator with as much information as possible about your case, the interview, and the result.

· If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.

If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.

To track a returned petition/application with a pouch number, you can contact the Diplomatic Pouch Service in Washington.

* US Congressional Representatives (By State):

http://www.house.gov/house/MemberWWW_by_State.shtml

* US Senators (By State):

http://www.senate.gov/general/contact_info...enators_cfm.cfm

If the petition is returned, you are in for a wait. The diplomatic pouch the petition is returned in is sent from embassy to embassy picking up other returned petitions along the way. It could take up to 2 or 3 months for it to be received by fraud management at the NVC...then the NVC has the petition for about 1 month before sending it to the local service center where it was originally filed. One thing to also know is that returned petitions do not take priority...they are reviewed in the order they are received...that is after new petitions have been processed.

What you can do in the meantime while you wait:

* Continue contacting the consulate to get an actual reason for the return...not the blanket "validity of relationship" response.

* Stay in contact with your congressman/senator, they can assist you in getting the actual reason for denial.

* Immediately file a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: DOS FOIA: http://foia.state.gov/foiareq/foialetter.asp

* Immediately file for a Freedom of Information Act request for the USCIS asking for the same specific consular notes on your returned petition: USCIS FOIA: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

* Continue to document your relationship, emails, letters, phone bills, visits to their country, etc.

* Be ready for the opportunity to rebut the consular findings.

* Contact a good immigration attorney...preferrably one who has experience in returned and denied petitions.

After a period of 6 months or longer has passed and you do not hear anything from the local service center regarding the receipt of your return, or the results of the review, you can contact the CIS Ombudsman. While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines

* USCIS OMBUDSMAN: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

Now, there are some differences between returned fiance petitions and marriage petitions. The K1 is especially at risk due to the expiration of the original approval, many returned K1s are not given the opportunity to rebut, they receive a notice telling them their K1 has expired and may file again at any time...this is why the FOIA is so important. You need to know the exact reason the petition was returned, just filing again is a huge risk if you do not know why the petition was returned in the first place.

While the K3 does have an expiration date also, they are treated more seriously. I have not known anyone who has had a returned K3 not being given the opportunity to rebut. Obviously the CR1 does not expire. Still, it is very important to file the FOIA, not every service center will tell you exactly what the consular office findings or objections to issuing the visa are. Some people are only asked to provide more evidence of their relationship.

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)

May 18, 2007

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