VSC Has To Be IGNORANT

[BrokenHeart]

I just checked the USCIS site, and it is updated they need more evidence, of what who knows. I sent them everything according to what needed to be sent.

This is absolutly NUTS. At this rate we will be married 2 years when this all transpires 02/28/09 2 years.

If they lost evidence becasue of their incompetence, I will really be pissed !!!!!!!!!

[BrokenHeart]

I guess I wonder why they are worried about the I-129F. Why dont they process the I-130 that is 4 months over due for a NOA-2.

[dnoblett]

More than likely they are looking into the reasons for denial of the K-1 before deciding that you may need to appeal the consulate's decision or to simply cancel the K-1 petition as if it did not happen.

 

Only problem may be if K-1 case has a mark of misrepresentation on it, this can come back to haunt any future petitions.

 

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

[Sebastian]

Hang in there, calm down a bit. If it's really not any confusion with the OLD I-129F, then they are actually asking you for more stuff via an RFE. This can happen, it's part of the review process.

 

Wait a bit till you get the letter, it will have all the detail you need.

 

I know this can be frustrating, go punch a tree, a grove of trees, or get outside for 30 minutes o blood pumping exercise - you'll feel a lot better, trust me.

 

I know you cancelled the K-1 in november of 2008, so maybe the paperwork is just getting crossed up by 'the person reviewing the file'. Is any hope to reach a human today and inquire about the final status of the original K-1 ?

Edited November 26, 2008 by Darnell (see edit history)

[Randy W]

 

 

Only problem may be if K-1 case has a mark of misrepresentation on it, this can come back to haunt any future petitions.

 

 

 

 

Dan, he would know this, because he would have received a notice of the hearing in his mailbox. He would have had the option of attending and presenting his side with or without legal representation.

 

When things are stated this way, it amounts to scare tactics which are completely unnecessary.

 

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).

 

Mark Ellis' advice in this article is the same as mine - simply "pay close attention to the K-1 that has been sent back to the Service Center from the consulate" - watch your mailbox for any correspondence concerning the petition from the USCIS.

[dnoblett]

Dan, he would know this, because he would have received a notice of the hearing in his mailbox. He would have had the option of attending and presenting his side with or without legal representation.

 

When things are stated this way, it amounts to scare tactics which are completely unnecessary.

What I am pointing out is "What if the letter was somehow lost in the mail (Not the first time correspondence from USCIS goes missing), or the OP may have simply ignored the letter assuming that marriage and a new petition would cancel out the old K-1.

[BrokenHeart]

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

 

When I sent the new I-129F I followed the guidelines stated on the VJ web site to the tee. I cant for the life of me cant figure out what more evidence they need.

This is a crying shame !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[warpedbored]

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

 

When I sent the new I-129F I followed the guidelines stated on the VJ web site to the tee. I cant for the life of me cant figure out what more evidence they need.

This is a crying shame !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Have you read this?

http://www.ilw.com/articles/2006,0323-ellis.shtm

[BrokenHeart]

All I can say that nothing has been "misrepresented" thats kinda stupid to do this since I have been working on this for so long. It could possibly put my FBI and Homeland Security clearance in jeopardy and I wont do that.

[chilton747]

If I remember correctly, you did cancel your K1???

[BrokenHeart]

Yes, I wrote a letter just recently to cancel the old I-129F. I really think they cannot read the numbers correctly. The old is WAC and the new is EAC. They want more evidence for the I-129F EAC which is crazy. I sent everything but the kitchen sink.

[dnoblett]

Yes, I wrote a letter just recently to cancel the old I-129F. I really think they cannot read the numbers correctly. The old is WAC and the new is EAC. They want more evidence for the I-129F EAC which is crazy. I sent everything but the kitchen sink.

They could very well be confusing the I-129F filed for the denied K-1, and the I-129F later filed for a K-3.

[baobeizhu]

All I can say that nothing has been "misrepresented" thats kinda stupid to do this since I have been working on this for so long. It could possibly put my FBI and Homeland Security clearance in jeopardy and I wont do that.

 

 

Hmm, you have a security clearance?

 

Not to pry, but isn't your marriage to a non-citizen have the potential to negatively impact your clearance anyway? I mean of course there are different levels of security clearances...so maybe I am just thinking of some of the higher ones...but heck, even living abroad and having 'associations' with people in a 'sensitive' country like China makes it pretty hard to get a clearance.

 

Anyway, my comment has less to do about the visa process, and I am just being nosey about your security clearance

 

However, I hope your case makes some progress in the near future.

 

Kind Regards.

[Randy W]

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

 

When I sent the new I-129F I followed the guidelines stated on the VJ web site to the tee. I cant for the life of me cant figure out what more evidence they need.

This is a crying shame !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

When I mailed in our I-129F, I made copies of everything I had included, including a copy of my passport and birth certificate. I was RFE'd for proof of citizenship. Maybe I had those ready and forgot to stuff them in the envelope. Maybe they lost them. In any event, I replied to the RFE with the evidence they requested, and our case wasn't delayed.

[Sebastian]

Hang in there, calm down a bit. If it's really not any confusion with the OLD I-129F, then they are actually asking you for more stuff via an RFE. This can happen, it's part of the review process.

 

Wait a bit till you get the letter, it will have all the detail you need.

 

I know this can be frustrating, go punch a tree, a grove of trees, or get outside for 30 minutes o blood pumping exercise - you'll feel a lot better, trust me.

 

I know you cancelled the K-1 in november of 2008, so maybe the paperwork is just getting crossed up by 'the person reviewing the file'. Is any hope to reach a human today and inquire about the final status of the original K-1 ?