K1 being sent back to USCIS. Anybody..?

[saaheb 0]

Okay, I guess I have not been as lucky as most of the folks here.

My fiancee was first given a 221(g) 2 months ago. We provided the documents promptly.

Now the Mumbai consulate emails me saying that my petition is being sent back to the USCIS

for re-examination and for possible revocation. I checked with some attorneys and looks like

I have no other option but to start the process all over again.

Checked with the DOS a couple days back and they did confirm that it was being sent

back. However, when I called back again today, I am told the case is in 'Admin Processing'.

So, I am not sure what to make out of it. Will appreciate if anybody has any idea..?

Edited June 8, 2009 by saaheb

[johnnybgood265 3]

Okay, I guess I have not been as lucky as most of the folks here.

My fiancee was first given a 221(g) 2 months ago. We provided the documents promptly.

Now the Mumbai consulate emails me saying that my petition is being sent back to the USCIS

for re-examination and for possible revocation. I checked with some attorneys and looks like

I have no other option but to start the process all over again.

Checked with the DOS a couple days back and they did confirm that it was being sent

back. However, when I called back again today, I am told the case is in 'Admin Processing'.

So, I am not sure what to make out of it. Will appreciate if anybody has any idea..?

If i was you I would give it sometime and see how it plays out. Hang in there friend and good luck

[msu17 0]

Sitting tight is a bad idea. Once the petition is sent to the US it is stuck until it expires. Typically from what I've read is people try and do anything they can to keep the petition at the embassy. My suggestion would be to go over to the Indian subforum and ask. I looked on there and it seems like that embassy can be very picky what they want from petitioners. Get on this ASAP and hope its not too late. Good luck!

[saaheb 0]

Thanks all for your thoughts on this. I am trying my best to hold the petition there at the consulate. Trying it through

the congressman and also sending them direct emails. I see no response yet and I am not very hopeful.

I am thinking of going back sometime soon and then applying for K3. Hope that gives them ample 'evidence of relationship'...

[JimVaPhuong 4,863]

Thanks all for your thoughts on this. I am trying my best to hold the petition there at the consulate. Trying it through

the congressman and also sending them direct emails. I see no response yet and I am not very hopeful.

I am thinking of going back sometime soon and then applying for K3. Hope that gives them ample 'evidence of relationship'...

Before you consider filing another petition, you need to find out why they returned your first petition. If you don't address the problem they found in the first petition then your second petition is probably going to be denied, as well.

A potentially bigger problem is if you just decide to ignore the first petition, get married, and file for the K3 or CR1. If the first petition hasn't already "died" at USCIS for lack of a response from you, it will be dead when you file the second petition. The potential problem is if the first petition was returned for suspected immigration fraud. In this case, the CO will mark the petition "suspicion of misrepresentation of material facts". If you do nothing, then the suspicion becomes a presumption of fact. Your fiancee will be banned from entering the US because of this presumption, and she may not find out about it until her next interview. This would send you back to square one, requiring you to file a waiver to lift the ban.

If you can get the petition held at the consulate so that your attorney can respond to the denial, that's great. If not, you will probably receive a Notice of Intent To Deny (NOID) or Notice of Intent to Reject (NOIR) from USCIS after the petition comes back to the US. Be sure to respond to this notice, even if your response is to withdraw the petition so you can file for the K3 or CR1. Responding will prevent the accusation of misrepresentation from becoming a presumption of fact, and avoid the ban for your fiancee.

Talk to your lawyer about this, and do NOT let your lawyer forget to respond to the notice.

Good luck!

[SuperDuper! 230]

Thanks all for your thoughts on this. I am trying my best to hold the petition there at the consulate. Trying it through

the congressman and also sending them direct emails. I see no response yet and I am not very hopeful.

I am thinking of going back sometime soon and then applying for K3. Hope that gives them ample 'evidence of relationship'...

Before you consider filing another petition, you need to find out why they returned your first petition. If you don't address the problem they found in the first petition then your second petition is probably going to be denied, as well.

A potentially bigger problem is if you just decide to ignore the first petition, get married, and file for the K3 or CR1. If the first petition hasn't already "died" at USCIS for lack of a response from you, it will be dead when you file the second petition. The potential problem is if the first petition was returned for suspected immigration fraud. In this case, the CO will mark the petition "suspicion of misrepresentation of material facts". If you do nothing, then the suspicion becomes a presumption of fact. Your fiancee will be banned from entering the US because of this presumption, and she may not find out about it until her next interview. This would send you back to square one, requiring you to file a waiver to lift the ban.

If you can get the petition held at the consulate so that your attorney can respond to the denial, that's great. If not, you will probably receive a Notice of Intent To Deny (NOID) or Notice of Intent to Reject (NOIR) from USCIS after the petition comes back to the US. Be sure to respond to this notice, even if your response is to withdraw the petition so you can file for the K3 or CR1. Responding will prevent the accusation of misrepresentation from becoming a presumption of fact, and avoid the ban for your fiancee.

Talk to your lawyer about this, and do NOT let your lawyer forget to respond to the notice.

Good luck!

I agree. A case like this is when a lawyer is needed in a petition/visa case. If he is worth his salt, he has some type of "inside client contacts" that let him know what is really going on.

Is India known as a "high fraud rate" country on the "Top Ten" list?

GudLuck!!

[Gary and Alla 3,694]

Okay, I guess I have not been as lucky as most of the folks here.

My fiancee was first given a 221(g) 2 months ago. We provided the documents promptly.

Now the Mumbai consulate emails me saying that my petition is being sent back to the USCIS

for re-examination and for possible revocation. I checked with some attorneys and looks like

I have no other option but to start the process all over again.

Checked with the DOS a couple days back and they did confirm that it was being sent

back. However, when I called back again today, I am told the case is in 'Admin Processing'.

So, I am not sure what to make out of it. Will appreciate if anybody has any idea..?

If it is sent back it can take months before they make any decision, and the system does not update very quickly so calling now will result in bad information, inaccurate information and further frustration.

Re-filing without knowinf exactly WHY it was sent back, and addressing that issue will be futile. You need to know WHY it was rejected and correct the problem decisively before attempting again.

[msu17 0]

Thanks all for your thoughts on this. I am trying my best to hold the petition there at the consulate. Trying it through

the congressman and also sending them direct emails. I see no response yet and I am not very hopeful.

I am thinking of going back sometime soon and then applying for K3. Hope that gives them ample 'evidence of relationship'...

Before you consider filing another petition, you need to find out why they returned your first petition. If you don't address the problem they found in the first petition then your second petition is probably going to be denied, as well.

A potentially bigger problem is if you just decide to ignore the first petition, get married, and file for the K3 or CR1. If the first petition hasn't already "died" at USCIS for lack of a response from you, it will be dead when you file the second petition. The potential problem is if the first petition was returned for suspected immigration fraud. In this case, the CO will mark the petition "suspicion of misrepresentation of material facts". If you do nothing, then the suspicion becomes a presumption of fact. Your fiancee will be banned from entering the US because of this presumption, and she may not find out about it until her next interview. This would send you back to square one, requiring you to file a waiver to lift the ban.

If you can get the petition held at the consulate so that your attorney can respond to the denial, that's great. If not, you will probably receive a Notice of Intent To Deny (NOID) or Notice of Intent to Reject (NOIR) from USCIS after the petition comes back to the US. Be sure to respond to this notice, even if your response is to withdraw the petition so you can file for the K3 or CR1. Responding will prevent the accusation of misrepresentation from becoming a presumption of fact, and avoid the ban for your fiancee.

Talk to your lawyer about this, and do NOT let your lawyer forget to respond to the notice.

Good luck!

Great post. You need to address the issue you were denied this time or you could face problems with a spousal visa. If they didn't think you for real the first time, why would they believe you the second time.

[saaheb 0]

So do I have to wait till I get NOID or NOIR before filing for K3 or CR1? That may take months.

I was hoping I can file K3/CR1 now and respond to the denial when I get the letter. Just to save some time.

[JimVaPhuong 4,863]

So do I have to wait till I get NOID or NOIR before filing for K3 or CR1? That may take months.

I was hoping I can file K3/CR1 now and respond to the denial when I get the letter. Just to save some time.

Unfortunately, it's difficult to know what to do next until you know what the consulate and Department of State are going to do, and then what USCIS is going to do in response. This can depend very much on the particular consulate, as well as the USCIS service center that receives the returned petition.

At this point, your K1 petition is not dead yet, so you should focus on that for now. Try to get the K1 held at the consulate so that you can appeal your case to the consulate. It IS possible to have this turned around, and a visa approved, provided it hasn't been sent back to USCIS yet. You REALLY NEED a lawyer to help you with this part. Timing is critical as you may have only a matter of days to act.

Once the petition is returned to USCIS then you need to stay on top of them about the status of the case. They don't always send the NOID automatically. Some USCIS service centers don't generally send the NOID unless it's specifically requested. If a material misrepresentation is entered in your record at Department of State by the consulate then USCIS might never find out about it, which is why they could approve your K3 petition only to have it shot down at the consulate at the next interview.

Marc Ellis, an immigration attorney in Ho Chi Minh City, Vietnam, has written a very good article on this very topic. You'll find it interesting reading:

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

[k.loveh 0]

Okay, I guess I have not been as lucky as most of the folks here.

My fiancee was first given a 221(g) 2 months ago. We provided the documents promptly.

Now the Mumbai consulate emails me saying that my petition is being sent back to the USCIS

for re-examination and for possible revocation. I checked with some attorneys and looks like

I have no other option but to start the process all over again.

Checked with the DOS a couple days back and they did confirm that it was being sent

back. However, when I called back again today, I am told the case is in 'Admin Processing'.

So, I am not sure what to make out of it. Will appreciate if anybody has any idea..?

This info may be a little late, but my petition was sent back too. The USCIS received it on Feb 4th, 2009 and Re-affirmed it on June 5th, 2009. Don't give up hope.

Wait till you hear something from USCIS. If you decide to go with a CR1 or K3, whichever the case may be, make sure you've formally withdrawn your K1 petition first.

Edited September 6, 2009 by k.loveh

[sara..... 371]

Okay, I guess I have not been as lucky as most of the folks here.

My fiancee was first given a 221(g) 2 months ago. We provided the documents promptly.

Now the Mumbai consulate emails me saying that my petition is being sent back to the USCIS

for re-examination and for possible revocation. I checked with some attorneys and looks like

I have no other option but to start the process all over again.

Checked with the DOS a couple days back and they did confirm that it was being sent

back. However, when I called back again today, I am told the case is in 'Admin Processing'.

So, I am not sure what to make out of it. Will appreciate if anybody has any idea..?

This info may be a little late, but my petition was sent back too. The USCIS received it on Feb 4th, 2009 and Re-affirmed it on June 5th, 2009. Don't give up hope.

Wait till you hear something from USCIS. If you decide to go with a CR1 or K3, whichever the case may be, make sure you've formally withdrawn your K1 petition first.

a friend of mine just went thru this in Delhi, same as u her fiancé had the second interview application was approved and is now in ap

good luck but i personally think it is very hard for the embassy to deny the visa if the petition has been approved two times.

sara

Edited September 6, 2009 by estadia

[k.loveh 0]

good luck but i personally think it is very hard for the embassy to deny the visa if the petition has been approved two times.

sara

I sure hope so, Sara. Thanks for your support.

[a loves a 0]

let me ask you this frindes please

my frined had his case sent back and after it sent back with 1 week he get married to his fiancee , what he gonna do now , as we know then done is done but what he had 2 do now ?????

any answer will e appricated

[SunDrop 59]

let me ask you this frindes please

my frined had his case sent back and after it sent back with 1 week he get married to his fiancee , what he gonna do now , as we know then done is done but what he had 2 do now ?????

any answer will e appricated

Start a new thread, so that your question is addressed specifically.