K3 after white paper

[peterd01]

What is the best way to deal with a I-129f application returned to USCIS, do I need to do a waiver or can I use a letter requesting to cancel?

 

Below is my timeline can someone post from here?

 

R/ Pete

 

Dec 04 Separated

Feb 05,.Met SO

Divorce final 26 Dec 2006

Mar 2007 1st trip to china (19 days)

I-129F package filed 15 May 07

5 Jun 07 I797

Request for Expedited processing sent Sep 2007.

Approved for expedited processing Oct 2007. Sent to NVC.

14 Nov 2007 NVC approved sent to GUZ

21 Mar 08, P3

Apr 08, P4

Interview 23 June 2008, RFE more info

29 Aug 2008 DHL receipt at consulate of RFE package.

22 Sep 2008 email status update request.

23 Sep 2008 Reply " got package and we are processing..we'll let you know if we need more".

26 Oct 2008 email status update.

27 Oct 2008 Reply "YOUR PACKAGE IS BEING RETURN FOR REVIEW OR REVOCATION".

29 Oct 2008 contacted, Congressman " in administrative processing" from NVC.

6 Nov 2008 contacted lawyer 7 Nov 2008 request made to Congressman.. no help

7 Dec 08 emailed Guz requesting original docutcument returned, got the following email reply "When looking at the totality of the circumstances surrounding your

relationship there was not enough substantial evidence to support your

claims of a bono fide. Your petition will be send back to the U.S. for

possible revocation. You are welcome to appeal this case with DHS and

USCIS and further all enquiries to them." .. no mention of the original document requested.

17 Dec 08, SO got letter from Guz stating the same as above, *note* first hardcopy from Guz about white paper.

20 Dec 08 2nd China trip 25 days

23 Dec 08 Married in Hong Kong

[warpedbored]

You need to be aware that just because you married and you are starting over the NOID didn't just go away. I would recommend you read this

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

Others that have been this route will add more. On the bright side since you married in HK I believe your interview will be there. From what I have heard they often interview the couple together. A more thorough interview but more fair.

Good luck

[flowers]

You need to be aware that just because you married and you are starting over the NOID didn't just go away. I would recommend you read this

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

Others that have been this route will add more. On the bright side since you married in HK I believe your interview will be there. From what I have heard they often interview the couple together. A more thorough interview but more fair.

Good luck

 

Hello Wrapedboared,

 

What happens if I attended ACH and the consulate officer did type in the miscommunication into the system but told me that I can go get marry and when they come back and review the K1, they will see that note. Will that help? That what one did for me. There were a lot of misunderstanding about my case. I am in the process of filing for the I-130 as well.

 

Joe

[BrokenHeart]

I went through, going through the same thing. I wrote VSC and told them to withdraw/cancel the old I-129 petition. If you do not it will just sit there and you won't here a thing from USCIS, the petition will just sit there. They reopened the old and in the process to tell me why the denial. I should get something today in the mail. I just don't want it to affect my I-130 that have had for a year in VSC. You have to remember these people do not give a CRAP about you or me or anyone else, that includes the Consulate. I also married in HK, the law states to get interviewed the same COUNTRY and HK is the same country. I should know sometime this year where my interview will be, will keep you posted. If you refile I would just go I-130 only no I-129F.

I willend up with a CR-1 because it will be almost 2 years since I married. Read my timeline, hell I started this process years ago.

[LeeFisher3]

I went through, going through the same thing. I wrote VSC and told them to withdraw/cancel the old I-129 petition. If you do not it will just sit there and you won't here a thing from USCIS, the petition will just sit there. They reopened the old and in the process to tell me why the denial. I should get something today in the mail. I just don't want it to affect my I-130 that have had for a year in VSC. You have to remember these people do not give a CRAP about you or me or anyone else, that includes the Consulate. I also married in HK, the law states to get interviewed the same COUNTRY and HK is the same country. I should know sometime this year where my interview will be, will keep you posted. If you refile I would just go I-130 only no I-129F.

I willend up with a CR-1 because it will be almost 2 years since I married. Read my timeline, hell I started this process years ago.

The only difficulty with withdrawing or canceling a petition after receiving the NOID is the strong possibility it will be listed as a denial. A previous denial can be difficult to overcome when it comes time for the next interview.