proper way to close out K1

[chilton747]

It is my understanding that when a couple marries while still in the K1 process then the K1 is automatically closed. However, I want to properly close out the K1. I think that I should first get married and then contact the DOS and the USCIS telling them that I wish to cancel the K1 as I will be filing for a K3 in the near future. At the present time my K1 is being sent back to the USA for possible revocation. Many of you advised me to stay with the K1 but my fiancee will most likely lose her child bearing years up waiting on the appeal as she is very close to the end of her child bearing years now. I will, however, get to the bottom of the denial (possibly a 3rd party correspondance) as I feel this is very necessary to try and clean the slate for the K3. God willing, we will conceive a child soon which is what my fiancee and I wanted from the very beginning. All we ever wanted was to have a happy family. This is our goal in our lives. It is too bad that others try to stop us.

[warpedbored]

Personally I think you would be better off to give the overcome at least one shot before giving up and adding another year or more to your visa process. Your decision though. First thing you need to know is who for sure has your petition. I would contact GZ and ask them if it has been sent back to the USCIS. It may have been reviewed and kept in GZ waiting for overcome. Technically the K-1 petition is still valid until you get married. I would wait until the marriage is final before rescinding the K-1 and continue to fight right up to the wedding. Then after the wedding contact the USCIS with a registered letter notifying them of the marriage. Good luck

[LeeFisher3]

This is not a situation where you can cancel the case because you have been informed it was being returned to the US with a recommendation for denial. It can either be denied or overcome, you don't have the option to cancel this without it resulting in a denial being recorded.

 

Apparently there was no attempt to keep the case in GZ and overcome it in there, so you need to wait for the USCIS to send you a letter of intent to deny, overcome it and then you can cancel the case. In one case the letter actually arrived to a member where the consulate didn't extend the life of the petition and it aged out instead of a recommendation for denial, which allowed him to refile without a denial ever being recorded, but don't count on this.

 

One of our members just recently posted about NOID overcome and you might want to PM him to ask his advice and experiences. I know his case was greatly extended because of the file being misplaced from the time it arrived in the US and reached the service center.

 

Something you should discuss prior to making a final decision is that if the DOS feels there is sufficient evidence for the denial to be upheld in the future and she is never able to come to the US. If this is the case are you able and willing to move to China or another country to live with your wife? Also, is she willing to live somewhere other than the US?

[david_dawei]

as of now, there is NO overcome offered in this case; it is a revocation recommendation being process now on it.

 

As to Lee's comment.. if the OP marries, then there is no valid k1 case anymore.. there is no decision to make on it except really close it, right?

 

I think the OP wants to know exactly how to ensure the proper people are notified that the K1 case is not longer a valid one; that they married (if that is truly what they decide to do).

 

I agree with carl's order and contact.. maybe also DOS so they are in the loop and update their computers ?

 

 

Others?

Edited September 24, 2006 by DavidZixuan (see edit history)

[chilton747]

Thank you very much Carl and Lee for your very valuable advice. You guys are at the top of your game and you know what you are talking about without any doubt. Carl, I really wish that I did have the time at giving this one more shot. But as you can see in my original post, time is running out for us to have a child. If China wasn't so strict as to their one child per family law then I just might wait on the marriage. And yes I am fighting with all of my available means and will continue to do so until the day I get married. Perhaps a miracle might happen, but perhaps not. Lee, yes I know that this denied K1 will remain in the USCIS database forever and it most likely will be a thorn. I have sent GZ several emails, faxes, and my congressman also sent them a request for a chance to keep the petition there for overcoming. But they have steadfastly denied all requests. I know that my original petition was supposed to expire April 1, 2006. At that time they were supposed to extend it again. I am thinking that the extension is always 4 months at each extension. Am I right? If so, then since the interview was August 28, 2006 then that means that the other extensions would have to have taken place on August 1, 2006 with the expiration date of December 1, 2006. It is very interesting that you mention this as I have never thought of this before. But I am counting on it being recorded as worst case scenario. Believe me, I will be spending a lot of time on disproving their decision. I know what the truth really is. They only think they know what the truth is. We here at CFL know that the VOs can only speculate given the documents and evidence at hand. We also know that there are many gray areas that can and do get overlooked because the consulate and the other government agencies have limited resources to deal with these sort of things. I know that many innocent people get burned and the guilty prevail. This is the way of the world and will always be.

Living in another country is always an option. My fiancee has told me numerous times and even just now, "if no get visa is ok. We can live happy life China." That statement in itself (made numerous times) tells the real story. Too bad that our government does not have the time to see the real truth. This woman REALLY loves me as I REALLY love her.

I will continue to seek advice, pray, and keep all of my options open. I am certain I have chosen the right woman. Now it is up to God as to where it leads me.

[chilton747]

as of now, there is NO overcome offered in this case; it is a revocation recommendation being process now on it.

 

As to Lee's comment.. if the OP marries, then there is no valid k1 case anymore.. there is no decision to make on it except really close it, right?

 

I think the OP wants to know exactly how to ensure the proper people are notified that the K1 case is not longer a valid one; that they married (if that is truly what they decide to do).

 

I agree with carl's order and contact.. maybe also DOS so they are in the loop and update their computers ?

 

 

Others?

 

What is the meaning of "processed" in this statement from the consulate? This comes from the FAQ fiancee visa section.

 

We decided to get married before my K-1 petition could be processed. What should I do?

 

If you get married, your K-1 petition will no longer be valid. Your spouse will need to file a different petition, Form I-130, with the CIS.

[LeeFisher3]

As to Lee's comment.. if the OP marries, then there is no valid k1 case anymore.. there is no decision to make on it except really close it, right?

 

I think the OP wants to know exactly how to ensure the proper people are notified that the K1 case is not longer a valid one; that they married (if that is truly what they decide to do).

But the process is in motion. If the case was withdrawn prior to the recommendation that would be one thing, but since they have made their recommendation it will follow that path and you can't stop it. The DOS and USCIS must follow procedures and canceling the case by the petitioner is not one of the available options.

 

The affect of trying to cancel it before receiving the NOID is pointless and could actually hurt the situation more. When it arrives at the service center they will send a letter giving the OP the opportunity to argue the case, but only to prevent it from being denied. While I understand that marriage in affect cancels the K-1 petition, the recommendation takes priority.

 

Kind of like putting the bullet back in the gun after its been fired, you might be able to do that, but first you must wait until it finishes its intended course.

 

Personally, I believe the OP should consult with an immigration attorney who is skilled in dealing with NOID cases before he does something to make matters worse.

[chilton747]

As to Lee's comment.. if the OP marries, then there is no valid k1 case anymore.. there is no decision to make on it except really close it, right?

 

I think the OP wants to know exactly how to ensure the proper people are notified that the K1 case is not longer a valid one; that they married (if that is truly what they decide to do).

But the process is in motion. If the case was withdrawn prior to the recommendation that would be one thing, but since they have made their recommendation it will follow that path and you can't stop it. The DOS and USCIS must follow procedures and canceling the case by the petitioner is not one of the available options.

 

The affect of trying to cancel it before receiving the NOID is pointless and could actually hurt the situation more. When it arrives at the service center they will send a letter giving the OP the opportunity to argue the case, but only to prevent it from being denied. While I understand that marriage in affect cancels the K-1 petition, the recommendation takes priority.

 

Kind of like putting the bullet back in the gun after its been fired, you might be able to do that, but first you must wait until it finishes its intended course.

 

Personally, I believe the OP should consult with an immigration attorney who is skilled in dealing with NOID cases before he does something to make matters worse.

Agreed..........I will do just that and let you know. Thankssssssss

[david_dawei]

As to Lee's comment.. if the OP marries, then there is no valid k1 case anymore.. there is no decision to make on it except really close it, right?

 

I think the OP wants to know exactly how to ensure the proper people are notified that the K1 case is not longer a valid one; that they married (if that is truly what they decide to do).

But the process is in motion. If the case was withdrawn prior to the recommendation that would be one thing, but since they have made their recommendation it will follow that path and you can't stop it. The DOS and USCIS must follow procedures and canceling the case by the petitioner is not one of the available options.

 

The affect of trying to cancel it before receiving the NOID is pointless and could actually hurt the situation more. When it arrives at the service center they will send a letter giving the OP the opportunity to argue the case, but only to prevent it from being denied. While I understand that marriage in affect cancels the K-1 petition, the recommendation takes priority.

 

Kind of like putting the bullet back in the gun after its been fired, you might be able to do that, but first you must wait until it finishes its intended course.

 

Personally, I believe the OP should consult with an immigration attorney who is skilled in dealing with NOID cases before he does something to make matters worse.

 

ok.. I follow what your saying.. interesting point...

 

They are basically retroactively deciding on the petitions [original] approval; whether to revocate it or not. Cancelling the case does not change that a petition was filed and therefore would not change a procedural decision that willl affirm or revoke the previous approval.

 

I'd love to see a source on this part of the process... an immigration lawyer would certainly be one to ask; if they don't know if/how the above scenario plays out, then wrong lawyer.

[chilton747]

As to Lee's comment.. if the OP marries, then there is no valid k1 case anymore.. there is no decision to make on it except really close it, right?

 

I think the OP wants to know exactly how to ensure the proper people are notified that the K1 case is not longer a valid one; that they married (if that is truly what they decide to do).

But the process is in motion. If the case was withdrawn prior to the recommendation that would be one thing, but since they have made their recommendation it will follow that path and you can't stop it. The DOS and USCIS must follow procedures and canceling the case by the petitioner is not one of the available options.

 

The affect of trying to cancel it before receiving the NOID is pointless and could actually hurt the situation more. When it arrives at the service center they will send a letter giving the OP the opportunity to argue the case, but only to prevent it from being denied. While I understand that marriage in affect cancels the K-1 petition, the recommendation takes priority.

 

Kind of like putting the bullet back in the gun after its been fired, you might be able to do that, but first you must wait until it finishes its intended course.

 

Personally, I believe the OP should consult with an immigration attorney who is skilled in dealing with NOID cases before he does something to make matters worse.

 

ok.. I follow what your saying.. interesting point...

 

They are basically retroactively deciding on the petitions [original] approval; whether to revocate it or not. Cancelling the case does not change that a petition was filed and therefore would not change a procedural decision that willl affirm or revoke the previous approval.

 

I'd love to see a source on this part of the process... an immigration lawyer would certainly be one to ask; if they don't know if/how the above scenario plays out, then wrong lawyer.

Yes indeed.............a good way to weed out the wrong lawyer......you are really on to something here..

[LeeFisher3]

Sometime within the last month (I think) someone posted a link to an attorney's discussion of the very wierd law behind a NOID. It was a notice from IMLAW or something like that to practicing immigration attorneys. It advised them of the wierdness behind a consulate returning with recommendation to revoke. I think the only thing posted on Candle was a link, but it was chilling.

 

Who can find that post with the link to the lawyers group? I did a quick search, but didn't find it and I think it is critical to Charles' situation. Apparently a lot of immigration attorneys don't know the ramifications of ignoring the NOID and assuming that marrying will be fine. It's fine to do so, but by not challenging and winning the NOID, your SO will likely end up with a visa refusal on record. It may well make a K-3 or CR-1 a very difficult route and probably involve a waiver of inadmissibility.

 

Charles, don't assume you plan will work the way you think it will. It is counter-intuitive, like a Catch-22. I hope one of our researchers can find the link for you because it is vitally important for you to know.

Here it is:

Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

[chilton747]

Thanks, Lee. I couldn't remember who posted it. I rarely follow links that are posted, but for some reason I clicked on this at the time. It scared the hell out of me.

 

David, this would be a very good item for the FAQ.

I agree but one should take in consideration that this link is generated from lawyer. Perhaps contact Mr Ellis and decide for yourself.

[Yuanyang]

Very chilling indeed Don.

 

Charles, please note this part of the link Lee provided:

Lawyers ¨C 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.

So it seems that you do indeed have to deal with the K-1's denial.

[chilton747]

Very chilling indeed Don.

 

Charles, please note this part of the link Lee provided:

Lawyers ¨C 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.

So it seems that you do indeed have to deal with the K-1's denial.

Yes it does........I put this in the "worst case scenario" catagory.

[david_dawei]

Thanks, Lee. I couldn't remember who posted it. I rarely follow links that are posted, but for some reason I clicked on this at the time. It scared the hell out of me.

 

David, this would be a very good item for the FAQ.

I agree but one should take in consideration that this link is generated from lawyer. Perhaps contact Mr Ellis and decide for yourself.

 

Dare I say that I've already contacted Ellis once.. and the second one is about this..