Bryon_Tran

Attorneys can do 2 things from my experience 1. Give advice 2. Help with the paperwork. so I don't think RHC would have cancled it without consulting me first. I think they have some oath like doctors have not to do you any harm if they can help it.

My old attorney is RHC visa services L. Tod Schlosser: http://www.fiancee-visa.net/

I contacted the USCIS today because it was the 15th day and my I-797 denial decsion notice has not shown up. I called them 3 times and got the same person each time. She is going to remail me out the denial and said if I don't get it by next friday to call back. She told me 3 things 1. if your releationship is real we will 100% get her visa 2. She told me more than likely it was an expired visa, however when I told her the email said notice of denial decsion and not notice of decesion and the expired ones usually say notice of decesion she told me I was correct. She said it could have changed that things were changing there all the time. 3. She told me not to worry since I am married the K1 is invalid and would have no effect on the approving the CR1 however when I told her if my old attorny cancled it without my knowldge when I go to the next interview that could hurt her chances and they could deny for that, she told me that is correct and said it was up to dos and that could hurt our chances. So I hope I get good news by next friday.

I don't know if this is realavent however I was working with 2 senators from my state. Well a liason from each office L1 and L2. L1 that was helping me in January said she got info from the CSC that my visa had expired and I could refile again. She had told me she just typed up a big letter requesting them to give me a chance to rebutt the findings. She didn't want me to wait many months and pay the fee again. I told her not to bother with it just to let it expire because I had planned on getting married so even if they did approve of it and send it back it would do me no good and if they denied it she could incure a lifetime ban. A month later I had asked her for a copy of the email form the person from the CSC that said my petition had expired so I could send it in my CR1 petion she said that I wouldn't need it. I then contacted L2 and asked if he could get something from the CSC showing my visa expired so I could send it in with my CR1 petition he got an email back from the CSC that said I was not to file another K1 visa until they reviewed my case. That doesn't sound like it expired to me.

I paid him in full before he took my case. I specifically told him I wanted to fight the denial of the K1. On his website it says he is 100% guareenee. He would give me some advice then his agent in Vietnam would give me fiencee at the time different advice we didn't know who to believe. Bottom line is that he lied to me and others he was not 100% even though he still boasts it. I tried to get him to help me but he just wanted a bunch more money and would not take my call. I was going to file a complaint against him but I feared he would do something to screw me over and I think he has done that without me even filing the complaint. I think I would be better off dead than moving to Vietnam, its true that I would be happy because I would be with my wife however the most money she has ever made in a month is 60$ I don't even speak VIetnamise so I wouldn't even be able to make that much. We would both have to work 60 hours a week for the rest of our lives just to eat. The part that makes me so mad is that we have done nothing wrong. No fraud no lies we are on the up and up. It's all because some jerk thinks we were not bonafide.

I called the USCIS today because I still have not gotten my denial notice yet. I got a recording that basically said the same thing as my email did. They then asked if I wanted to hold for a person but the recording said that the person would not know anymore than the recording. I hope it was a mistake or nothing to worry about, I have seen others get a denial notice but they were sent a NOID first and I wasn't even given that chance. I keep worrying that my congressman or old attorney canceled my visa against my wishes. My old attorney won't even take my phone calls so that alone is suspicious. I have read where others have cancled and they got a cancel notice first and I didn't get that so I don't think thats it. I hope and pray I get the letter tomorrow so I can sleep

http://candleforlove.com/forums/index.php?showtopic=37885 What you are saying doesn't fit in with this memo Randy It states a NOR in certain situations and I am not sure what the difference between a NOR and NOD is or if its the same thing In certain instances, such as the death of the beneficiary or the petitioner, or termination of registration under INA section 203(g) (failure of the alien to timely file an application for an immigrant visa petition), an approved petition or self-petition is automatically revoked as of the date of approval. See 8 CFR 205.1. If USCIS is aware of such circumstances, USCIS will send a notice of the automatic revocation to the consular office having jurisdiction over the visa application, with a copy to the petitioner¡¯s last known

I have recieved a letter from Vermont Service center. The letter basically says that since we are married so the K-1 case is no longer applicable and they will not review the denial of our K-1 case. The case will just remain on their file. I replied to re-affirm that it's correct that our CR-1 is pending so the K-1 is no longer applicable. We didn't tell them we are married, they simply found out from our approved CR-1 case. Steve & Mei I guess I'm a little confused you said was the CR1 pending or approved when they sent you the notice? You stated it was pedning but they found out from your approved CR1. My CR1 has not been approved yet they have had it since may 5th. Did you get a notice of denial letter or email?

All I know is that I got a NOD email and I'm waiting on the letter. Not sure what my options are but if its an actually NOD and not something saying my petition has expired or something saying since you are married and filed a CR1 the K1 is invalid I am basically in a bind here. With a NOD on my wifes file she will not be able to get the visa so I have to make plans on giving up everything here and moving there. The did not reafirm the petition and send it back and if they had a hearing I would be there if they let me. The thing is even if they said it was denied in error and send it back to Ho Chi Minh it will not help us because we are married now and she will have to wait on a CR1 interview and visa. I wish they would have sent a NOIR or NOID instead of just sending out a NOD. The only thing I can think of is if my old attorny canceled my K1 without me knowing about it and without my permission.

Do you remember if the first one said Noticie of Denial or Notice of Decision?? Also when you got the letter in the mail on the first one did it say it expired?? The first letter said the petition had expired. The email said "denial decision." Again, I would not let this worry you as I got the same email at the same time you did and my wife is already here. I have not been able to sleep since I got the email and I don't think I will be able to sleep until I get the letter so I hope it gets here by tommorow(how many days did it take you to get the letter?) I don't think I can stay awake much longer. I dont think your first email would said denial decision maybe it was notice of decision and the second was same as me notice of denial. If my wife was here I wouldn't worry about it either because I wouldn't let anybody seperate us.

Do you remember if the first one said Noticie of Denial or Notice of Decision?? Also when you got the letter in the mail on the first one did it say it expired??

I received the letter that say they will review it, a letter that said it is closed due to expired K1 don't get look at, then one that said they are transfering it to a local office because the local office has judridiction over the case. NO idea where this is going either. Have you filed for CR1 or get it approve yet? I filed the CR1 in may but I am still waiting for approval they are currently working on approving aprils now. I think I will be ok but either way but if she does get banned I can live with her family in Vietnam. I was thinking of working here till I had about 20k saved up that should last us a few years until I can land a decent job over there but Tran tells me that since I am over 40 I will have a hard time finding work because they look for people under 40. I guess in Vietnam the can discriminate because of your age.

I had filed a K1 that was denied in December for non bonafide. I have since married and filed a cr1 on May 5th. I did not cancel my K1 however I did recive an letter form the USCIS and an email on June 16th they both say the same thing but a little different wording. Here is what the email said ******************* Application Type: I129F , PETITION FOR FIANCE(E) Current Status: This case has been received from the State Department with a request we review it. On March 13, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. ********************** I did not get a request for additional information However on July 30th I recived this email from USCIS the letter has not showed up yet ******************************** Application Type: I129F , PETITION FOR FIANCE(E) Current Status: Denial Notice Sent On July 30, 2009, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. ******************************** It was not Notice of Decision to tell me it expired but notice of denial that they denied it. I was never sent a NOIR or a request for more information. This was threw the California Service Center. Has anybody else experience this? Very worried

Im a little worried because from what I read you have 30 days to appeal it. I don't know if that is 30 days from the letter I just got or if its 30 days from a NOID letter. I don't think the letter I have is a NOID letter. M.E. has told me we would send in info to appeal that letter along with the new petition however that won't be until I get back from Vietnam on my second trip April 25th. So that is well over 30 days away thats why I'm a little worried. From my understanding I cannot cancel the old petition because it will put a marker on my file and she will become inadmissable. I don't think they will just expire it after I file for the CR1 The CR1 is better than the K3 however I was told to file for both the CR1 and K3. Does anybody know what would be the reason to do both?

The hearing would be for revocation of your petition. Yes, you should (I would say MUST) attend, IF it occurs. They will NOT hold the hearing without notifying you be mail. No action you take outside of the hearing would affect the hearing, IF there is one, unless you or your lawyer could convince them to let you withdraw the petition. A Freedom of Information request might provide useful information. It is unlikely they will take any action. I would say, just carry on with your CR-1, and watch your mailbox for any notice concerning the K-1. Thanks, Randy have you ever heard where they do a revoke without a hearing or a chance to defend? I was thinking about the non revieability act that they could deny with no review or chance for me to appeal.

It says your petition was sent back to the states after a white slip, with a recommendation for revocation "We will notify you of any action we take on this case" - watch your mailbox. It says what I typed but verbatum however I believe you are correct. I was told by allot of people that they don't review them at the CSC they just let them expire. Do they normally send this notice out when they let them expire or do you think they will give me a chance to appeal my case? If they give me a chance to appeal its a lose lose situation because now they we are married if they do side with me she will not get her visa because it was a K1 and if they side against me she will be banned for life. So this is very bad news unless these letters are justa formality and they are going to let it expire. The K-1 was already denied - there is no way to have that overturned. A petition revocation hearing would give you a chance to get a peak in your folder. Having it re-affirmed wouldn't do anything for you, like you say. Again, the notice simply says that it has arrived in the states. You will be notified of any revocation hearing. My take on the revocation hearing is that if you show up (especially after marrying your fiance), look the judge in the eye, and tell him your relationship is bonafide, there is no way they can enter a finding of fraud. If they have a hearing or something where I can defend myself I'm all for that but if they simply say we reviewed your file and decided to revoke without letting me refute anything that would be heartbreaking. That is what I worry the most about. I spoke with my attorny and I was told this is normal and since I registered for marrage it is invalid now. We will rebutt with the new petition CR1. Do you think I should call the number on the letter its the USCIS? If I do not call them I worry they might just deny my case as I didn't care enough to call and rebutt over the phone or at least acted concered about it.

It says your petition was sent back to the states after a white slip, with a recommendation for revocation "We will notify you of any action we take on this case" - watch your mailbox. It says what I typed but verbatum however I believe you are correct. I was told by allot of people that they don't review them at the CSC they just let them expire. Do they normally send this notice out when they let them expire or do you think they will give me a chance to appeal my case? If they give me a chance to appeal its a lose lose situation because now they we are married if they do side with me she will not get her visa because it was a K1 and if they side against me she will be banned for life. So this is very bad news unless these letters are justa formality and they are going to let it expire.

Ho Chi Minh

I will be going back on april 10th to pick up the marrage certificate. I was told that the K1 visa will expire however I got something in the mail today not sure if I should be concerned about it or not. Have others recived simular letters when there case has expired? I-797C notice of action This is to advise you that we have recieved the above application or petition back from the department of state, along with their request that it be reviewed. We will notify you of any action we take on this case

I read in a visa book that is a good way to bring family members over its not considered fraud. But mine might get denied because of the K1 denial I might have to deal with that first when I reapply for the k3 visa. If they approve of the k3 at the USCIS then I think they should have no problem approving of the work visa if she passes the english test.

Bryon, Hate to be the "Prophet of Doom;" however, the chances of making "doable" are very slim. I did a quick Internet search and I found one link, to drive the point home. I didn't want belabor the point with you and leave you thinking I was kicking a good man with the problems that you are having, with huge amount of links to drive a stake through the heart. Here is the link: http://www.h1base.com/visa/work/Green%20Ca...ences/ref/1185/ I knew two Chinese (husband & wife) people that fell under these guidelines and believe me, these guidelines are nothing to be sneezed at! One (wife) is a research biological-gene specialist at Oklahoma State University Hospital, OKC. The other (husband) is working for another doctorate degree to enhance his current Phd (from China) at the Univ of OK, in Norman, OK. I believe that he was developing "breaking ground" scientific research for vaccines developed within test animals and later to be administered with healthy animals to prevent anthrax, Hoof and Mouth disease, New Castle disease, and I believe that he was working with goats to develop a new rabies vaccine (can't really remember this point), etc. Just to make a small point, I understand Pharmokenisis (movement and metabolization of drugs within the human body). I got the surface of the subject, but after 15 minutes of our conversation; I was lost in the deep dark waters he was talking about! Both of them are currently on Work visas and the US Govt, if I followed what they were saying, are requesting that they apply for immigrant status. Can't say for sure here. However, have you ever heard of the "brain drain" from one country to another? I think that you get my point. This is probably very true with the recent protectionist stance the US is taking as to foreign workers, in these economic times, and then the foreign national having a working visa entering the US and in an environment that is laying people off like crazy? In short, an accountant, govt clerk, paralegal, etc, etc, etc isn't going to make the grade and required standards. I do applaud your thinking "outside of the box." There is always more than one way to skin a cat. LOL However, the choice is ultimately up to you. Dave The H2b is the way to go the H1b would be to hard she can do maid work in a hotel. She is not looking for a green card way of a work visa only temporary work that nobody wants so she can stay with me while she waits for her K3 visa interview in Ho Chi Minh This is same site you pointed out but I clicked on the H2B visa and here is what it says http://www.h1base.com/content/h2bvisa The H2B visa is a great way for people who want to temporarily live in the USA, working in seasonal and fun jobs. If you want to travel to America and work over the Summer in a hotel, theme park or on a cruise ship, or if you want to work in a restaurant or as a ski instructor over the Winter - this is the visa for you. Types of H2B Visa Jobs / H2B Work includes: Hospitality workers, Hotels / Motels, Chefs, Resorts and Theme Parks, Ticket Sales, Cruise ships, Construction workers, Maintenance, Janitorial, Ski Resorts, Landscaping, Golf Courses, Water parks, Security, Ride Operators, Restaurants and bars, Warehouse, Retail Stores[/b]

I have been doing some resarch and it appears you can bring family members over on a work visa. They have to pass an english test here is a website I found some info http://faq.visapro.com/H2B-Visa-FAQ3.asp#Q1 It sounds promissing because there are alot of places looking for help and I think I could bring my fiancee over for 6 months or a year before her interview. I don't know if the K1 denial will hurt her chances or not. But its worth a try if she can be here with me for 6 months or a year she could easily pass the interview.

Does that mean just the courts cant turn over the decsion of the consulate or does it mean that the USCIS cannot turn over the decision either? Both - if the USCIS disagrees with the denial, they can only re-affirm the petition, and send it back for a second chance. Usually, however, this seems to result in an approval by the Visa Officer. They (the USCIS) are apparently under no obligation to take any action whatsoever on returned visa petitions. So if the uscis does not take any action then it does not result in a revocation and you cannot rebutt since there is not revocaiton then the only thing you can do is refile with continude evedence hopeing at some point the consulent will allow your visa given your persistance they will relize its not fraud at some time and issue you the visa.

The USCIS does not issue visas. Nor do they (or the coutr system) order the consulate to do so. TheUSCIS hearing (if there is one) is strictly about whether to revoke the approval and/or enter a finding of fraud which may result in a 10 year bar for your spouse. The Doctrine of Consular Nonreviewability says that the decision of the consular officials is final, and may not be reviewed by the courts. See pg. 5 of the DOJ's Immigration Litigation Bulletin of Aug. 2006 Does that mean just the courts cant turn over the decsion of the consulate or does it mean that the USCIS cannot turn over the decision either?

We have a new administration and a new head of DOS and DOHS I wonder if things will start to be different at the Consulate or at the USCIS regarding denying or denied petitions? This sounds cruel but maybe they are testing out the waters by denying our cases. Maybe its better to wait to file for the second round until we see how the new administration is handling the denied cases?