I129f denied sent back to USCIS for review

[TheMace]

My wife, origanally applied for a I-129f visa. It was denied for the not a bonafide relationship, and sent back to USCIS for review, USCIS received it in Jan 09 . After we were denied, I returned to China and we were married and now have our I-130 knocking on GUZ's door, the NVC sent it to them in Aug. What should we do if in fact we get a letter from USCIS stating our I-129f has been denied or revoked, especially if she is granted a visa on our I-130? Do we just reply that we have applied for an I-130 and no longer want to continue the I-129f process.

Thanks,
Gary

[dnoblett]

USCIS will do one of two things with the denied I-129F

 

Revoke = In this case you need to respond to the revocation notice. A Revocation can derail the Immigrant visa, if the reason for revocation is something like "Misrepresentation"

 

Expire = They treat the I-129F as expired, they send a notice about this telling you to re-apply for a visa.

[chilton747]

According to my attorney ago, you will need to respond to the notice if you get one. Only after the USCIS reaffirms then are you to tell them you are already married (or sooner if they ask). Chances are the only thing you will hear is that the K1 has been expired.

[Randy W]

USCIS will do one of two things with the denied I-129F

 

Revoke = In this case you need to respond to the revocation notice. A Revocation can derail the Immigrant visa, if the reason for revocation is something like "Misrepresentation"

 

Expire = They treat the I-129F as expired, they send a notice about this telling you to re-apply for a visa.

 

 

They would either schedule a hearing that you would need to attend, or have you respond to a mailed questionnaire. Either way, as long as you respond, I can't see that a revocation would happen. As long as you are willing to stand before a judge (worst case here) and proclaim that yours is a bona fide relationship, this is simply a hoop to jump through.

 

BE SURE to watch your mailbox and take any action requested.

[TheMace]

USCIS will do one of two things with the denied I-129F

 

Revoke = In this case you need to respond to the revocation notice. A Revocation can derail the Immigrant visa, if the reason for revocation is something like "Misrepresentation"

 

Expire = They treat the I-129F as expired, they send a notice about this telling you to re-apply for a visa.

I have to say there was no misrepresentation of any kind, unless the V.O. who interviewed my wife in July 08 maked something up. We still to this day try to figure it out, and can only come up with our relationship was still short. Met on line in Aug, went to China Oct, filed the 129 in Dec after my divorce was final Nov 07. As the V.O. handed my wife (then fiance)at the end of her interview in july 2008 the blue slip she told my wife I was not free to marry her. This was a black V.O. who signs with the letter Z and from what I have been able to read on these posts there was a black female V.O. in GUZ at this time who was turning just about everyone down for a visa, whether this is the same V.O. I have read about I don't know.

 

So since there was not misrepresentation on our part, we would possible receive a notice to refile which we have already done with the 130, so do we just ignore the notice or just reply we have already refiled with the 130. Or we will never hear from USCIS concerning the 129 because they let it expire.

[dnoblett]

I have to say there was no misrepresentation of any kind, unless the V.O. who interviewed my wife in July 08 maked something up. We still to this day try to figure it out, and can only come up with our relationship was still short. Met on line in Aug, went to China Oct, filed the 129 in Dec after my divorce was final Nov 07. As the V.O. handed my wife (then fiance)at the end of her interview in july 2008 the blue slip she told my wife I was not free to marry her. This was a black V.O. who signs with the letter Z and from what I have been able to read on these posts there was a black female V.O. in GUZ at this time who was turning just about everyone down for a visa, whether this is the same V.O. I have read about I don't know.

 

So since there was not misrepresentation on our part, we would possible receive a notice to refile which we have already done with the 130, so do we just ignore the notice or just reply we have already refiled with the 130. Or we will never hear from USCIS concerning the 129 because they let it expire.

If USCIS revokes, and you do not respond to revocation, USCIS can place a mark of misrepresentation on the case, I have seen a couple of cases where this has happeneed.

 

Ellis wrote about this a while back.

 

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

[chilton747]

USCIS will do one of two things with the denied I-129F

 

Revoke = In this case you need to respond to the revocation notice. A Revocation can derail the Immigrant visa, if the reason for revocation is something like "Misrepresentation"

 

Expire = They treat the I-129F as expired, they send a notice about this telling you to re-apply for a visa.

I have to say there was no misrepresentation of any kind, unless the V.O. who interviewed my wife in July 08 maked something up. We still to this day try to figure it out, and can only come up with our relationship was still short. Met on line in Aug, went to China Oct, filed the 129 in Dec after my divorce was final Nov 07. As the V.O. handed my wife (then fiance)at the end of her interview in july 2008 the blue slip she told my wife I was not free to marry her. This was a black V.O. who signs with the letter Z and from what I have been able to read on these posts there was a black female V.O. in GUZ at this time who was turning just about everyone down for a visa, whether this is the same V.O. I have read about I don't know.

 

So since there was not misrepresentation on our part, we would possible receive a notice to refile which we have already done with the 130, so do we just ignore the notice or just reply we have already refiled with the 130. Or we will never hear from USCIS concerning the 129 because they let it expire.

 

When a case expires, the letter states that you can refile again if you wish. The notice of expiration and the notice to refile is the same letter.