2 white slips

[husky]

hi everyone

i have had 2 white slips and i dont know what to do anymore.
my first one was for a K3 visa we were given the white slip because they thought it was not a bona fide relationship. so we decided to get married and file a Cr-1. we were given a white slip again for the same reason.

is there any other routes we can take after this or am i out of options? can we file the same petition over again? and is there anyway we can check the status of the case when it reaches USCIS?

thank you in advance for all your help.

[george lee]

double ouch...can you think why its not a bona fide relationship? do you have wedding pictures, family pictures, emails, letters, telephone logs, western union receipts, and not below proverty.

[dale7570]

hi everyone

 

i have had 2 white slips and i dont know what to do anymore.

my first one was for a K3 visa we were given the white slip because they thought it was not a bona fide relationship. so we decided to get married and file a Cr-1. we were given a white slip again for the same reason.

 

is there any other routes we can take after this or am i out of options? can we file the same petition over again? and is there anyway we can check the status of the case when it reaches USCIS?

 

thank you in advance for all your help.

 

you can either refile a new petition or wait until your old one is returned to the states and you receive the noid letter from uscis and you then file a rebuttal and have your petition reaffirmed. it will probably be faster to file a new petition, but you need to find the reasons for the denial so you can overcome them.

[david_dawei]

Sorry to hear of this...

 

you need advice from a good immigration lawyer...

 

My only thought is that GUZ sees something misrepresented or of bad intention (to fraudulently gain US immigration benefits via a family based visa).

[Randy W]

hi everyone

 

i have had 2 white slips and i dont know what to do anymore.

my first one was for a K3 visa we were given the white slip because they thought it was not a bona fide relationship. so we decided to get married and file a Cr-1. we were given a white slip again for the same reason.

 

is there any other routes we can take after this or am i out of options? can we file the same petition over again? and is there anyway we can check the status of the case when it reaches USCIS?

 

thank you in advance for all your help.

 

I'm sure you mean the first application was for a K-1.

 

No - USCIS is in "Don't call us - we'll call you mode". You will be notified of any legal action, however. BE SURE TO WATCH YOU MAILBOX FOR THIS an deal with it. It may be possible to get information from them through a "Freedom of Information" request.

[george lee]

husky,

how many years from k-3 to cr1?

[peterd01]

hi everyone

 

i have had 2 white slips and i dont know what to do anymore.

my first one was for a K3 visa we were given the white slip because they thought it was not a bona fide relationship. so we decided to get married and file a Cr-1. we were given a white slip again for the same reason.

 

is there any other routes we can take after this or am i out of options? can we file the same petition over again? and is there anyway we can check the status of the case when it reaches USCIS?

 

thank you in advance for all your help.

I feel your pain man. I just got notified that our package (a K1)was "being returned to USCIS for review and possible revocation" This is after a 23 June 2008 interview, which went fairly well (I wasn't present). She got issued an RFE one for her info and two big ones for me. Her police records from different country took over 60 days to receive (Olympics in the middle). DHL records show the GUZ got all the info on 29 Aug 2008. I emailed a request for status, email back same day, said, processing, email 25 Oct, came back same day "case is being returned to USCIS for review or revocation" no other explanation not even one letter to me or SO after first package. This VO uses only email? GUZ has had it for one year now! My congressman is trying to find out if the package is still there, the GUZ lawer Peter Padget's office recommended this. If it is he's going to have a go at it. The rub is he's out of country till the end of Nov. B/Regards, Pete

Edited November 8, 2008 by peterd01 (see edit history)

[Sebastian]

a double whammy. I'd suggest your file wasn't as thick as it needed to be. But wtf do I know? Normally people marry before a K-3 visa interview is granted, how did you get one without marrying first?

[dale7570]

a double whammy. I'd suggest your file wasn't as thick as it needed to be. But wtf do I know? Normally people marry before a K-3 visa interview is granted, how did you get one without marrying first?

 

 

i think he meant k-1, perhaps he will clarify this.

[peterd01]

a double whammy. I'd suggest your file wasn't as thick as it needed to be. But wtf do I know? Normally people marry before a K-3 visa interview is granted, how did you get one without marrying first?

I've been reading a lot of this type of situation at CFL, VJ and other referance materail from these sites. And you've got to get to the bottom of this and not let it fall on the floor. I read an artical for Immigation Law Journal that if the K1 isn't completely closed correctly that the fiancee

records can be marked with a misrepresentation on a VISA petition at DOS. So you can get your papers through CIS but DOS will slap it down again without explanation. I agree get a immigration lawyer at GUZ and try it from the Freedom Of Info act. and do it fast!

 

Best of Luck, Pete

[Mike62356]

First ,.... welcome to CFL Husky and Peterd01, the best I can tell you is to listen to the members here and do as they sugest.

Good luck

[dnoblett]

a double whammy. I'd suggest your file wasn't as thick as it needed to be. But wtf do I know? Normally people marry before a K-3 visa interview is granted, how did you get one without marrying first?

I've been reading a lot of this type of situation at CFL, VJ and other referance materail from these sites. And you've got to get to the bottom of this and not let it fall on the floor. I read an artical for Immigation Law Journal that if the K1 isn't completely closed correctly that the fiancee

records can be marked with a misrepresentation on a VISA petition at DOS. So you can get your papers through CIS but DOS will slap it down again without explanation. I agree get a immigration lawyer at GUZ and try it from the Freedom Of Info act. and do it fast!

 

Best of Luck, Pete

Here is the article you are referring to.

 

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

[Randy W]

a double whammy. I'd suggest your file wasn't as thick as it needed to be. But wtf do I know? Normally people marry before a K-3 visa interview is granted, how did you get one without marrying first?

I've been reading a lot of this type of situation at CFL, VJ and other referance materail from these sites. And you've got to get to the bottom of this and not let it fall on the floor. I read an artical for Immigation Law Journal that if the K1 isn't completely closed correctly that the fiancee

records can be marked with a misrepresentation on a VISA petition at DOS. So you can get your papers through CIS but DOS will slap it down again without explanation. I agree get a immigration lawyer at GUZ and try it from the Freedom Of Info act. and do it fast!

 

Best of Luck, Pete

Here is the article you are referring to.

 

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 another area where people are mislead - the 212(a)(6)(c )(i) finding only happens at a court hearing in the US. You are NOTIFIED of the court hearing, and may attend to present your case as to why the original petition should not be revoked. This is UNLIKELY, but yes it can and has happened. The only thing to do here is WATCH YOUR MAILBOX. RESPOND to any notices from the USCIS.

 

The INTENT of the article is to tell you to front-load your petitions with ENOUGH relationship evidence

What does that language mean? It means an approved petition is prima facie evidence of eligibility for an immigrant visa, unless a consular officer finds substantial evidence of ineligibility. More importantly, this evidence must have been unknown and unavailable to DHS at the time it approved the petition. That is the nearly the whole game for your client right there, in a few words.

In other words, any evidence approved by the USCIS cannot be used to deny a visa.

[husky]

sorry about that, im not sure if its k3 or k1, i did have a lawyer in the states who did my paperwork so I dont know much of the fancy language. the first one was a I-129F i know that, and the second case filed was a I-130. we had pictures, letters, emails. just for some reason, its not working out. since these are the only two petitions possible, can they be filed again?

[Missingyou]

I am sorry to hear your news. I think even if you re-apply again, you need to be watchful that GUZ will deny you for the same reason...since they did for two times already. You need to be very very well prepare for the next round. If GUZ thinks your relationship is not real, then you might want to work on that to prove them wrong.

 

My co-worker who got 1st time white from GUZ, 2nd time w/ white too then third time blue for 3 months then finally pink and came into US few months ago.

 

Nothing is impossible. I read in another post that one of our CFL member, chilton, got PINK finally after denial too.

 

Good luck to you!