Old K-1 Visa

[roberth19]

Hi Everyione,

I emailed the Guangzhou, that what happened to our old K-1.

I called USCIS they said they have not received anything yet.

What is my next steps?

Why the consulate sent a letter to my fiance to appeal, I thought I have to appeal in U.S.

 

 

Thank you for your message regarding the case status.

 

Please be advised that this case has been returned to USCIS, where the

petition was filed, on December 11, 2008 for possible revocation. We

have mailed Ms. Zhang a notice with this information along with steps

she may take to appeal this decision. We suggest you to contact the

USCIS directly if you have any questions about the case.

 

Sincerely,

Edited February 2, 2009 by roberth19 (see edit history)

[Guest Rob & Jin]

they are telling you it has been returned to USCIS in the USA.

 

sorry

[david_dawei]

GUZ will not respond to any correspondence at this point. Your stuck with either trying to contact NVC, where it will go first... or USCIS. Actually, I might also try DOS since they should be able to see if it's in route to NVC or left it for USCIS.

 

BTW: You'll unlikely get any chance of appeal. USCIS is known to let teh visa expire and then they don't have to review it. They are the ones who end up in court battles, not DOS... so they probably figure, why go there...

[chilton747]

Sorry to hear this. I had the same thing happen so we went with our original plans and got married although it was in China instead of the USA. Then about 7 months later I filed an I-130 for a spousal visa. Approx 2 years after the K1 denial we were successful with an IR1 visa and an automatic 10 year green card.

The denial is only a delay, approx 2 years. But you need to be proactive and proceed with your relationship if you want success down the road.

 

Good luck!!!!

[HKG]

You could file a Freedom of Information (FOIA) request to USCIS asking for the Consular notes and DS163 Exhibit 3. With USCIS you will need to mail the request, they will send back a form that the fiance/e will need to sign to release the information. President Obama has signed an executive order to all agencies to honor these FOIA request, so with luck you will learn the reason for your denial. You can also by internet ask DOS for information, same release of information form is required.

[splinterman]

Hi Everyione,

I emailed the Guangzhou, that what happened to our old K-1.

I called USCIS they said they have not received anything yet.

What is my next steps?

Why the consulate sent a letter to my fiance to appeal, I thought I have to appeal in U.S.

 

 

Thank you for your message regarding the case status.

 

Please be advised that this case has been returned to USCIS, where the

petition was filed, on December 11, 2008 for possible revocation. We

have mailed Ms. Zhang a notice with this information along with steps

she may take to appeal this decision. We suggest you to contact the

USCIS directly if you have any questions about the case.

 

Sincerely,

 

Hi Roberth19,

So sorry to hear about your denial. Contact your congressman and ask him/her to contact Guangzhou to ask for the Diplomatic Pouch Number that they returned your petition in. Once you get it, you can call 202-663-1588 and ask if and when this pouch was received. If so, you can then check with the NVC at 603-334-0700 to see if they have logged your file in. They should have it about a month before they return it to the USCIS Service Center that originally processed it. At that point you will probably get a short letter from that USCIS center telling you they have it and will contact you when they are ready to process it. That MAY be the last time you hear anything about it...

There's a good likelihood that the pouch containing your file has already arrived in the US. Our file was sent out of GUZ on 12/31/08 and it arrived in DC on 1/23/09, and I see yours was sent out a few weeks before ours. The files are then sent immediately to the NVC upon the opening of the pouch. The NVC has them for about a month while entering them into their Fraud Database Management System before sending them back to the USCIS Service Center for their action.

This is not the end of the story by any means, so don't give up. You'll just have to do a little more work and it will take a little longer for you to be with your lady, but perseverance is what it will take for you to be successful.

 

Best of luck to you!

[dnoblett]

Returned petitions can take a long time to be returned by Guangzhou, that consulate sometimes sits on them for months.

 

USCIS tends to close returned K-1 petitions, Guangzhou always interviews WELL outside the expiration date on the I-129F NOA2 letter, so USCIS considers the case to be expired.

 

Many who get a white slip on a K-1 simply visit China, marry and file an I-130 for a CR-1 visa.

 

A good place to research this is A Candle for Love. http://candleforlove.com

 

http://www.visajourney.com/forums/index.ph...=176274&hl=

[roberth19]

Returned petitions can take a long time to be returned by Guangzhou, that consulate sometimes sits on them for months.

 

USCIS tends to close returned K-1 petitions, Guangzhou always interviews WELL outside the expiration date on the I-129F NOA2 letter, so USCIS considers the case to be expired.

 

Many who get a white slip on a K-1 simply visit China, marry and file an I-130 for a CR-1 visa.

 

A good place to research this is A Candle for Love. http://candleforlove.com

 

http://www.visajourney.com/forums/index.ph...=176274&hl=

 

The Guangzhou consulate emailed to me has a mistake my fiance last name is not ZHANG, and I emailed last night to consulate, and requested they should issue us a visa as soon as possible, there is no reason to wait for our new K-1 to get to Guangzhou from NVC their mistake cause our visa to be denied. I am waiting for their responed.

What should I do next?

Thanks!

Edited February 4, 2009 by roberth19 (see edit history)

[shadeOgray]

Returned petitions can take a long time to be returned by Guangzhou, that consulate sometimes sits on them for months.

 

USCIS tends to close returned K-1 petitions, Guangzhou always interviews WELL outside the expiration date on the I-129F NOA2 letter, so USCIS considers the case to be expired.

 

Many who get a white slip on a K-1 simply visit China, marry and file an I-130 for a CR-1 visa.

 

A good place to research this is A Candle for Love. http://candleforlove.com

 

http://www.visajourney.com/forums/index.ph...=176274&hl=

 

The Guangzhou consulate emailed to me has a mistake my fiance last name is not ZHANG, and I emailed last night to consulate, and requested they should issue us a visa as soon as possible, there is no reason to wait for our new K-1 to get to Guangzhou from NVC their mistake cause our visa to be denied. I am waiting for their responed.

What should I do next?

Thanks!

Sounds like something is rotten in the hen house, this might actually be good news if they are the ones that messed something up you may get a second chance and a decent opportunity to beat this thing depending on what exactly they messed you.