K1 Denial

[BrokenHeart]

How long can someone wait to hear about a K1 denial "not a bonafide relationship". I called the State Dept. yesterday because thats where they sent the file. The lady was great, she took some time to explain the procedure. She stated, she has never received so many phone calls from people looking into Chinese petitions. Anyway, she said my petition was there 08/2007 and sent onto immigration. I asked well how long will this take. She said she didn't know. I stated I submitted another petition K3 because we got married in Hong Kong a year ago.

She said go to the nearest immigration office with the documents and get a real answer in person. If you talk to someone on the phone you will get 5 different answers and still then you won't find out anything.

So I went online and made an appointment for Friday at the San Antonio office.

The new petition I have been waiting 2 months now.

 

What a trip this is become.

 

If anyone has any more ideas I'd like to hear them.

[Guest Rob & Jin]

You will have to write to USCIS to cancel the K-1 as its no longer valid.

[Randy W]

You will have to write to USCIS to cancel the K-1 as its no longer valid.

 

 

He is starting over after a NOID - Notice of Intent to Denial. His case has been returned to the USCIS and is languishing somewhere there.

 

The InfoPass appt is a good idea, but you may want to talk to a lawyer who is familiar with NOID processing to make sure it doesn't bite you somewhere down the line.

[chilton747]

It is a mistake to cancel the K1. You can be found ineligible and found guilty of misrepresentation. If so then you will have to obtain an I-601 waiver and that can take many years. I know of one case where it took 10 years. Sometimes the old K1 can sit at the consulate in GZ for over one year such as mine. If you are going through the CSC then you will never hear anything from them. I know it is wrong but it is fact!!!!! If you want your wife to come live with you in the US then you had better get an attorney and a damn good one I might add.

[chilton747]

As far as trying to find out where the failed K1 is, this is what I did. I emailed GZ several times and the story was always the same. "We are preparing to return the petition to the service center in the US." So knowing that it has to be reprocessed through the NVC then I called them. The lady I spoke with said that she was not allowed to give me any information over the phone but I begged and pleaded with her and she sensed my sincerity. She looked in her computer and said that it had not come to the NVC. Then I called the DOS, the woman got a supervisor then they looked in the computer and told me that it was signed off on May 30,2007 by the consular chief in GZ. Then I called the USCIS and they verified that they had not received it.

I gave all of this information to my attorney and he told me that it was sitting in a pile at the consulate never to be returned. My attorney also told me that the CSC will not send out NOID letters which I have found out to be true from others in my same situation on VJ. My attorney knows GZ very well.

Bottom line with my case is that GZ knows the CSC will not send out a NOID letter therefore they do not return the petition to the US and the petition expires. I have a friend whose white slip was signed off by the consular chief the same day as mine but they are returning his as he went through the NSC. But as of today he still has not received the NOID.

You can go to an infopass but I don't think it will give you anything to work with.

 

IMHO you made a very bad move by cancelling the K1.

[BrokenHeart]

I have not cancelled anything yet.

[Sebastian]

How long can someone wait to hear about a K1 denial "not a bonafide relationship".

 

I re-read your post a few times, and have a coupla inane questions.

 

1. were you married to her in HKG before you filed the K-1 ?

2. if you were married already, what made you decide to NOT go the K-3 route (file I-130, wait, file I-129F) ?

[chilton747]

I have not cancelled anything yet.

I stated I submitted another petition K3 because we got married in Hong Kong a year ago.

 

You canceled it by telling them this whether you know it or not.

[BrokenHeart]

The K1 denial was 10/2006...............got married HK 02/2007.......filed K3 11/2007.

When the wife went for the interview and the denial one man said that she would have a better chance if we were married. I know thats all here-say but the wife wouldn't lie.

[chilton747]

The K1 denial was 10/2006...............got married HK 02/2007.......filed K3 11/2007.

When the wife went for the interview and the denial one man said that she would have a better chance if we were married. I know thats all here-say but the wife wouldn't lie.

 

You know it seems that life in itself is all here-say but all we can do is the best that we know how. This process can take it's toll. I wish you the best of luck and hang tough BrokenHeart.