Course of Action

[HKG]

USCIS has sent the 33 day letter, what is better, try for the K1 being returned to China or going with the CR1?

[Randy W]

USCIS has sent the 33 day letter, what is better, try for the K1 being returned to China or going with the CR1?

 

 

What does the letter say? Is it a revocation hearing

[Sebastian]

Randy - have a read?

 

http://candleforlove.com/forums/index.php?...st&p=492414

[Randy W]

Randy - have a read?

 

http://candleforlove.com/forums/index.php?...st&p=492414

 

 

I guess the question is, what does "continue" mean?

 

What are they asking him to do?

 

He definitely needs to reply, but why not just withdraw? Seems like that would simplify his life, rather than waiting and hoping for a re-affirmation that may or may not ever come?

 

But if they are asking him for evidence, that may mean they would send it back if he can answer the concerns.

[Sebastian]

Unfortunately, there is not ONE solid answer. Yer gonna get lots of opinion on this, pro and con on both avenues.

 

Remember the facts, though - you are NOW given a chance to DO something. Many people who's lass' received white slips NEVER got the chance to DO something ...

 

Suddenly, you've got 'this chance'. Ellis put forth an excellent 'what-if-I'm given a chance' blurb here - I know you've read it, as you've posted in it.

 

IMO, he's provided some 'mapping' on what to do to handle an appeal. You might want to have another look - take some notes, and

then map out what you'll need to do (as it applies to your case) , based on what Ellis has written, THEN, IMO, see if this avenue seems FEASIBLE and DO-ABLE to you.

 

If it is both, then I would suggest you make the attempt.

 

Good Luck!

Edited May 14, 2009 by Sebastian (see edit history)

[HKG]

This letter states that the Consulate did not issue the visa. Consular Officer were not convinced my relation with her was bonafide. So USCIS is asking me if I want to continue support of the K1 and to provide documentary evidence supporting the relation and that she and I are free and intend to marry within ninety days,nuts and bolts of the letter.

 

xiexie for the help.

Edited May 14, 2009 by HKG (see edit history)

[LeeFisher3]

This letter states that the Consulate did not issue the visa. Consular Officer were not convinced my relation with her was bonafide. So USCIS is asking me if I want to continue support of the K1 and to provide documentary evidence supporting the relation and that she and I are free and intend to marry within ninety days,nuts and bolts of the letter.

 

xiexie for the help.

This is your RFE opportunity to challenge the NOID, Did Guz return your K-1 to CSC? Has it sat there > 6 months?, Expedited review request at CSC.

NOIR Letters for CR-1/IR-1 - CSC, Time-frame processing NOIR letters at CSC

 

This is your opportunity to challenge the NOID recommendation and get the case returned to GUZ with a recommendation that they continue processing the K-1 visa.

 

Failure to overturn this decision could result in a denial on her record that would need to be overcome in any future visa case.

 

Read Marc's posts carefully as he gives some advice on what needs to be addressed, basically you MUST prove a bona fide relationship. Forget trying to prove the VO was wrong, it won't do anything to help overturn the NOID.

 

You wanted your chance, well here it is. Successfully overturning the NOID gets the case transfered back to GUZ and a new interview date schedule in most cases. This is the fastest method to get the K-1 visa.

 

BTW even if you have married since the NOID the general recommendation is to get the NOID overturned so it does not become a stumbling block for you on the visa process.

 

Time is limited, no extension and you have only one shot. Take your best shot and do this with a cool head and lots of well organized relationship evidence. They will not just take your word that you have a relationship, you MUST prove the VO was incorrect in their finding with EVIDENCE of a Relationship.

 

In the past overturned NOID cases have had a great success rate on the second interview.

 

PS - You need to get your girl to get a new Single Certificate at the Notary and get it to you FAST (EMS, FedEx, ...) you will need this evidence to prove she is still single, they will not take your word for it and YES it must be a new one, they have already seen the one provided at the interview and have asked for a new one. This time send an original. Have her get 3 of them when she goes to the Notary so she has a fresh one for a new interview in the event you get this overturned.

 

Yes, this is very hopeful.

[Randy W]

In the past, the USCIS has reaffirmed a petition without the revocation hearing, but from evidence mailed in by the petitioner. From what you're saying about the letter, it sounds like they may very well do that here.

 

I think it all depends on what the reasons are for returning the petition. If GUZ leaves the door open a little, they might just let you through.

[Guest Pommey]

Do as Lee suggests.... good luck.

[HKG]

OK, thanks, I'll do what was suggested.

[LeeFisher3]

OK, thanks, I'll do what was suggested.

A couple of questions, which service center sent you the letter and was the letter giving you 33 days to respond on Blue paper?

 

Just trying to connect the dots on which service center is doing this.

 

Also, I'd advise you target having it delivered by day 29 with delivery confirmation, the 33 days is 30 days plus 3 for mailing, but you don't want to risk it being recieved late or the game is over.

 

Priority mail offers this at a much lower price than FedEx or UPS.

[georgeandli]

IMHO whatever you decide to do reply to the letter. State you're abandoning the K-1 and will reapply after marriage, send a letter rebutting the VOs finding or just abandon it. You don't want it hanging over your head.

[Stepbrow]

USCIS has sent the 33 day letter, what is better, try for the K1 being returned to China or going with the CR1?

 

Hey Buddy,

 

To do the CR-1 you must be married. If you have been married the K-1 is already invalid. I read learned this by reading some of the Visa Appeals on the USCIS web site. The petitioners had married the respondent after the k-1 was denied, so when it went to appeal, it was summarily dismissed because the couple were no longer engaged.

 

If you guys are not married, I would pursue the Petition Review. If you are upheld, the petition will be sent back to GZ, and you will get the visa.