Make an appeal or start over?

[david_dawei]

pete is a unique guy... maybe only one of three that I have considered to do a "hall of CFL" on.... or should I say a CFL roast on

 

the fact that I called him in SF on my trip there shows my love for him I called a few others but he was the only one to turn me down Nonetheless... I stand by him

[larsenea]

Starting to feel like I am getting somewhere. I played telephone tag this past 2 weeks trying find my petition. I wanted to confirm GUZ had actually sent it like the letter Guijuan got suggested. The letter said we would have to contact the office I originaly applied to. that was CSC. I called the National number and got a lady who filed a request for info for me. 1 week later i got an email from CSC stating they had no further information since they approved the petition one year ago.

 

So i call the national number again and explain how GUZ tells me who should have the petition. They file another request for info and also suggest I call the NVC.

 

I call the NVC and they say that thier computer does show the petition is in the states but doesnt say who has it. they tell me to call State Dept.

 

I call state dept. Crap! they are closed on wednesday.

I call again thursday. they say that the CSC should have my petition. That it just showed up in thier system this week. they confirm for me that CSC is the office responsible for the final denial and revoking.

 

Being a holiday i have to wait till monday to call them again. At least i feel that the waiting is coming to a close. That i should have answers i can plan around in a couple weeks.

 

If they approve the revokeing I ahve to decide whether to spend $500 bucks on an appeal or put it torwards a wedding.

[Guest Rob & Jin]

I would suggest you talk to a really good immigration lawyer here, let them look it over, discuss the chances of overcoming the denial through appeal, and then decide.

 

Good luck to you both

[LeeFisher3]

They will first send you a NOID (Notice of Intent to Deny) based on the recommendations of the consulate. This gives you a time period in which to reply, if they do not receive a reply by the date specified they automatically Deny the petition.

 

You need to reply and from my understanding this is not extremely difficult to overcome and have them return the case to GZ, but you must be extremely detail oriented.

 

Georgeandli is posting now, pay close attention to him, he won their NOID case.

Edited March 21, 2008 by LeeFisher3 (see edit history)

[georgeandli]

Wow, just reading this brings back memories Wait three months between touches [if nobody loses the file]. I only base this on my own experience. The way I see it, petition approved stateside by CIS [Homeland Security]. Forwarded to GUZ [Department of State]. Denied by GUZ and sent back to CIS. Of course let's not forget NVC in between both steps. I think the system works in the OP's favor, and I only say that because CIS has already approved the petition once. After review, unless someone has done something wrong in the process, petition should be re approved and sent back to GUZ via NVC. This would be a good task for one the number guys here. After denial what percent were ultimately approved, who gave up and how many changed visa classification.

[hopelives]

This one has been written about, sounds much like this scenario:

 

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.

 

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

 

this is critically important advice! Any thought or maybe it has already been done of pinning a list of top flight lawyers that know the inner workings of Guangzhou-jim

[larsenea]

Still here and waiting. We got our notice from USCIS on April 15th that they recieved our petition back from GUZ. Thier phone message says they get 180 days to reply and give us an answer. Anyone have experience on what the answers usually are?

[Randy W]

Still here and waiting. We got our notice from USCIS on April 15th that they recieved our petition back from GUZ. Thier phone message says they get 180 days to reply and give us an answer. Anyone have experience on what the answers usually are?

 

 

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).

 

Watch your mail, to see if you get any notices of a court hearing. My understanding is that nothing will happen without a court hearing.

 

And that nothing is exactly what is most likely to happen.

 

They can re-affirm the petition approval (and maybe send it back to GUZ), or they can revoke the approval. This is unlikely to happen, since there is most likely not enough evidence for them to do this ("Not a bona-fide relationship" carries no weight state-side, since they've already approved the petition).

 

They have no input what-so-ever to GUZ' decision.

 

Just be ready to go to court if you get a notice to appear. If you haven't already, you may wish to start on a new petition.

[larsenea]

It was my understanding that we cannot start another petition until this one is canceled. We were expecting our next step to either be another interview or getting married and refiling.

 

If we are supposed to appear at a court hearing, where would that be? california?

[Randy W]

It was my understanding that we cannot start another petition until this one is canceled. We were expecting our next step to either be another interview or getting married and refiling.

 

If we are supposed to appear at a court hearing, where would that be? california?

 

 

I think less than 50% of the white slip cases we've seen have had ANY action taken on them - you may never hear anything.

 

My guess about a court hearing would be at your immigration court - check for a USCIS field office in your area - https://egov.uscis.gov/cris/jsps/ptimes.jsp.

[georgeandli]

larsenea, Wow, just like clockwork 180 days or so. I just went back and reread the thread. I'm not sure if I've got your situation right, you got a blue[request for more info] and then a white[Notice of Intent to Deny]. GUZ sent the petition back to CSC. If I've got it right, this is the time to pay close attention to the TIMING. Unless things have changed[and they may have, I'm telling you what happened with Li and I about 18 months ago] you should get a copy of the denial letter GUZ sends to CSC listing the reason for denial. You now have to make a decision whether to proceed with this petition or go back over and marry and file a new one. You and your SO should take a long hard look at your options before you make your choice. The first thing is why was the petition denied? It isn't any of my business, just bringing it up because you must make YOUR decision based on how hard YOU think it will be to overcome GUZ's ruling. The issue of timing will become critical AFTER you receive a letter from CSC where they say you have 90[?] days to reply. I'ld be glad to tell you more if you want.

[larsenea]

We are still waiting for our reason for denial letter. It has been 3 months since they acknowledged recieving our case from GUZ.

[homersimpsons]

We are still waiting for our reason for denial letter. It has been 3 months since they acknowledged recieving our case from GUZ.

 

 

Do they actually give a reason when you get denial or is it the same crap that put on the blue slip, "Per INA 221, we have reason to believe this is not a bona fide relationship."

 

My bluel letter just say "not a bona fide relationship...per INA 221."

[georgeandli]

Apples and oranges. Two different issues. Blue slip is for petition still in GUZ. You will still have a chance at overcoming at the consulate with additional material. Once you get the white denial GUZ washes their hands of it and kicks it back stateside. The window between the two is very small and that is the only time[iMHO] a local lawyer there might be able to help and keep it there. GUZ[DOS] and wherever you filed stateside[uSCIS] are two different animals. They look at the petition with different agendas. The white denial letter [which you as petitioner should get a copy of] has specific reasons listed. LiWen and mine got "lost" between NVC and Nebraska. larsenea, start calling wherever you filed and ask for a supervisor. Give them the A# and G#. Make sure they understand you DON'T want to abandon the petition. Make sure you get their name and tell them you will be calling back to check what they have found out. Try and get their extension #. They aren't the enemy... firm but polite. They already approved.

[larsenea]

I am not sure what you mean by A# and G#. I am only aware of the reciept number (WAC###).

 

How do you get a supervisor. I just keep getting told they do not know anything more than whats on the website. They tell us not to try and correspond for 180 days. I do not wish to piss anyone off with constant calls. But doing nothing seems dangerous.

 

 

Apples and oranges. Two different issues. Blue slip is for petition still in GUZ. You will still have a chance at overcoming at the consulate with additional material. Once you get the white denial GUZ washes their hands of it and kicks it back stateside. The window between the two is very small and that is the only time[iMHO] a local lawyer there might be able to help and keep it there. GUZ[DOS] and wherever you filed stateside[uSCIS] are two different animals. They look at the petition with different agendas. The white denial letter [which you as petitioner should get a copy of] has specific reasons listed. LiWen and mine got "lost" between NVC and Nebraska. larsenea, start calling wherever you filed and ask for a supervisor. Give them the A# and G#. Make sure they understand you DON'T want to abandon the petition. Make sure you get their name and tell them you will be calling back to check what they have found out. Try and get their extension #. They aren't the enemy... firm but polite. They already approved.