Hi I got married the 28th of feb

[Sebastian]

If you married in Thailand instead of Vietnam, and filed both the I-130 and the K-3, then you could have the K-3 adjudicated in Thailand.

 

Since you are married in her country, filing BOTH would give you a double shot at approval in Vietnam, if you had the K-3 moving faster than the I-130. K-3 off to Vietnam first, then have an interview. If you get another white slip, then there is possibility of kicking the I-130 into play at NVC.

 

But - it's Vietnam - I know NOTHING about how it works - my knowledge comes mostly from reading here on CFL about what happens at GUZ, and some personal, prior life experiences.

[Randy W]

Couldn't be plainer than day here

This is to advise you that we have recieved the above application or petition back from the department of state, along with their request that it be reviewed. We will notify you of any action we take on this case

 

The NOID is a notice of a court hearing, which you would attend. No, you do not have an NOID. No findings will be entered on your case UNLESS they have the denial hearing. YOU WILL BE NOTIFIED in time to attend the hearing.

 

That's IF (mighty big if) they schedule a denial hearing.

 

The CR-1 and K-3 are your two routes to bring your sweetie here.

[chilton747]

I believe this is the info you are looking for:

 

(f) Inspection of Evidence. [Chapter 10.3(f) update effective June 18, 2007.] The adjudicator can give a petitioner or applicant an opportunity to inspect and rebut adverse evidence used in making a decision. Prior to denying any application or petition based on such evidence, USCIS routinely issues a notice of intent to deny (NOID) letter, explaining the nature of the adverse information. The applicant or petitioner may choose to respond in writing or may ask to inspect the record of proceedings prior to submission of a rebuttal.

A NOID must specify the date by which a response must be received and instruct the applicant or petitioner that a failure to respond may result in a denial. The maximum time to submit a response to a NOID is 30 days. There are no extensions of time beyond the 30 day limit. 8 CFR 103.2((8), (16).

 

This comes from: http://www.uscis.gov/files/pressrelease/RF...lRule060107.pdf

 

There is no court hearing in conjunction with a NOID letter.

 

Is it M.E. that recommends doing the CR1 and the K3? If so, does he give a reason for this? And yes from everything I have heard, the CSC lets the old K1 expire. I did not cancel my K1 per M.E.'s instructions and was easily successful with an IR1 but that was GUZ. M.E. has expertise in Viet Nam so I would listen to him rather than solicit advise from this forum.

Edited March 27, 2009 by chilton747 (see edit history)

[Randy W]

I believe this is the info you are looking for:

 

(f) Inspection of Evidence. [Chapter 10.3(f) update effective June 18, 2007.] The adjudicator can give a petitioner or applicant an opportunity to inspect and rebut adverse evidence used in making a decision. Prior to denying any application or petition based on such evidence, USCIS routinely issues a notice of intent to deny (NOID) letter, explaining the nature of the adverse information. The applicant or petitioner may choose to respond in writing or may ask to inspect the record of proceedings prior to submission of a rebuttal.

A NOID must specify the date by which a response must be received and instruct the applicant or petitioner that a failure to respond may result in a denial. The maximum time to submit a response to a NOID is 30 days. There are no extensions of time beyond the 30 day limit. 8 CFR 103.2((8), (16).

 

This comes from: http://www.uscis.gov/files/pressrelease/RF...lRule060107.pdf

 

There is no court hearing in conjunction with a NOID letter.

 

 

. . .

 

 

 

 

Except that that article concerns the initial petition process, before it's ever sent to NVC and GUZ. Denials at this phase can occur because of invalid applications (e.g. granddaughter, etc), insufficient evidence, etc.

 

A finding of fraud after a petition is returned from the consulate is a very different matter

[chilton747]

I will be going back on april 10th to pick up the marrage certificate. I was told that the K1 visa will expire however I got something in the mail today not sure if I should be concerned about it or not. Have others recived simular letters when there case has expired?

 

I-797C notice of action

 

This is to advise you that we have recieved the above application or petition back from the department of state, along with their request that it be reviewed. We will notify you of any action we take on this case

 

 

It says your petition was sent back to the states after a white slip, with a recommendation for revocation

 

"We will notify you of any action we take on this case" - watch your mailbox.

It says what I typed but verbatum however I believe you are correct. I was told by allot of people that they don't review them at the CSC they just let them expire. Do they normally send this notice out when they let them expire or do you think they will give me a chance to appeal my case? If they give me a chance to appeal its a lose lose situation because now they we are married if they do side with me she will not get her visa because it was a K1 and if they side against me she will be banned for life. So this is very bad news unless these letters are justa formality and they are going to let it expire.

 

 

The K-1 was already denied - there is no way to have that overturned. A petition revocation hearing would give you a chance to get a peak in your folder. Having it re-affirmed wouldn't do anything for you, like you say.

 

Again, the notice simply says that it has arrived in the states. You will be notified of any revocation hearing.

 

My take on the revocation hearing is that if you show up (especially after marrying your fiance), look the judge in the eye, and tell him your relationship is bonafide, there is no way they can enter a finding of fraud.

 

Randy I do not understand why you are saying that the petitioner has a court hearing. I know of 2 people here on Candle that have received written notice of a NOIR and they were instructed to send in a WRITTEN response (rebuttal). Marc Ellis also told me that was the proper procedure. The court hearing is only when one files an appeal if the USCIS sides with the DOS AFTER the rebuttal from the applicant is received and turned down and reaffirmation is denied.

 

Also, here a clip from the PROPER article:

 

DOS conducts preliminary processing of the visa petition at its National Visa Center (NVC) in the United States; after preliminary processing is completed, an interview is scheduled at a consular office, generally in the country of nationality of the beneficiary. After the interview of the beneficiary, a consular officer: 1) issues the visa; 2) denies the visa pursuant to INA Sections 212 and 221; or 3) returns the visa request pursuant to INA Section 221(g) to USCIS for further action ¨C possible revocation of the underlying approved petition or revalidation.5 Generally, DOS only returns a petition to DHS/USCIS for revocation where fraud, misrepresentation, or ineligibility is likely to lead to revocation, not where it is merely suspected.6 Return of the petition has to be supported with factual and concrete reasons previously not considered by USCIS because the revocation procedures should not be a re-adjudication by DOS of the petition. If the consular officer decides to return the petition, the beneficiary is given written documentation containing an explanation and the legal basis for the non-issuance of the visa and the return of the petition to USCIS.7

Upon return to the USCIS facility, the status of the petition is logged into USCIS¡¯ system. The ¡°re-locating¡± of the petition into the system updates the national USCIS database system, which in turn updates USCIS¡¯ Case Status Online system available to customers on USCIS¡¯ website. Some, but not all, of the USCIS service centers send receipt notices to individual petitioners, informing them that the petition is now located at the particular USCIS facility. A case then is prepared for re-adjudication and forwarded to an adjudications officer, who will evaluate the reasons provided by the consular officer for the return.8 If the adjudicator concurs with the consular officer¡¯s reasoning, USCIS issues a ¡°Notice of Intent to Revoke¡± to give the petitioner the opportunity to respond.9 Once the response from the petitioner is received, the adjudications officer will either reaffirm the petition and send it to the DOS for processing, or deny the petition and thereby revoke it.

Edited March 27, 2009 by chilton747 (see edit history)