BrokenHeart Posted October 10, 2009 Report Share Posted October 10, 2009 I am happy to say we did not get that divorce. I needed a break from that crap they dished on me. I am now refreshed and willing to go the distance and do this thing. Knowing now we married for life and i still love her so much.So here is where i am at, alot of things have changed in the last 5 months for sure.I have everything stuffed in a box and was so pissed i threw some stuff out with rage.I have a Guz number, and where do i go to look at that number and see where i am at and what fee is next. Do i need to open a E-File account??????? I think i need to do a I-864 and what ever else.Hell even the websites have changed, i am so lost here now. Thanks guys and dolls Link to comment
dcwfn Posted October 10, 2009 Report Share Posted October 10, 2009 03/24/09 HK DENIAL,,,,,"not a bonifide relationship" I remember they said the same thing to Mei at one point. I'm sure I wanted to call them everything but a child of God. I've been awol from CFL for a while so there are many things that I do not know or remember about the process. Our's was very unique in itself anyway. What I do know my friend is this. There are some of the most helpful, nicest folks you'll ever meet in your entire adult life around here. They will help you any way possible. What I remember most vividly is what I tell you now. There are two things you must do above all else.1. Stay cool. Don't let them have a clue that you're angry. It won't do any good and if they suspect it, you can expect more delays.2. Stay the course. Henry Fonda said: "Damn the torpedoes, full speed ahead". Link to comment
Stepbrow Posted October 10, 2009 Report Share Posted October 10, 2009 Your case is a bit complicated. It might be a good idea to get a competent attorney to help with your case. Two attorneys that have done excellent work for members of CFL are Mark Ellis, and John Roth. Was your most recent petition denial for an I-129f or an I-130? Link to comment
dnoblett Posted October 10, 2009 Report Share Posted October 10, 2009 I remember this one, has USCIS sent you a notice about this case? They will do one of 2 things. They will revoke the petition, in which case you will need to answer this one and file an appeal, may use a lawyer to handle this, to argue your case, that the consulate made a wrong decision and why, if sucessfull USCIS will return the case back to the consulate for another interview. They will expire the case and send you notice that you can try filing a new petition.New petition will involve filing an I-130. Link to comment
BrokenHeart Posted October 11, 2009 Author Report Share Posted October 11, 2009 I had 2 petions in play, the HK interview was with the I-129F, that was the last denial. While GUZ has the open I-130 that i did nothing with. So i have that petition still open with the GUZ number they sent me. I have a year from the date they sent it to me to do something and this is the one i am using, i have 5 months left on that petition.I emailed GUZ to "optin" the electronic filing just today. Like i said i am new this e-file thing. Link to comment
Randy W Posted October 11, 2009 Report Share Posted October 11, 2009 I remember this one, has USCIS sent you a notice about this case? They will do one of 2 things. They will revoke the petition, in which case you will need to answer this one and file an appeal, may use a lawyer to handle this, to argue your case, that the consulate made a wrong decision and why, if sucessfull USCIS will return the case back to the consulate for another interview. They will expire the case and send you notice that you can try filing a new petition.New petition will involve filing an I-130. The USCIS has no standing to review decisions made by the consulate - they will either re-affirm their original approval (and send it back to the consulate), they will let it die, or they will begin the revocation proceedings. What is revoked (in a revocation hearing) is the original approval of the petition. The consulate is merely a third party to a revocation proceeding. Revocation occurs when the consulate supplies enough evidence with the returned petition to justify a finding of fraud. Your only option is to fight the revocation, if that path is chosen. His I-130 is already at GUZ Link to comment
david_dawei Posted October 11, 2009 Report Share Posted October 11, 2009 Revocation occurs when the consulate supplies enough evidence with the returned petition to justify a finding of fraud add [with the originally submitted petition]... which I think is your meaning... which kind of blows one away that DOS is telling USCIS they were wrong based on info that came out supposedly later or they missed... And USCIS can't revoke based on evidence outside of the factors affecting the submitted petition... Feels like a circle jerk B) where's mikey when you need him B) Link to comment
Randy W Posted October 11, 2009 Report Share Posted October 11, 2009 Revocation occurs when the consulate supplies enough evidence with the returned petition to justify a finding of fraud add [with the originally submitted petition]... which I think is your meaning... which kind of blows one away that DOS is telling USCIS they were wrong based on info that came out supposedly later or they missed... And USCIS can't revoke based on evidence outside of the factors affecting the submitted petition... Feels like a circle jerk B) where's mikey when you need him B) Exactly! Due to the different standards involved, - e.g., USCIS will recognize a marriage that is legal, while the consulate uses a "reasonable person" standard as per the INA - it could be batted back and forth. In practice, however, USCIS will simply not reaffirm. But I think the finding of fraud is against the beneficiary. basically, the USCIS has to make the case for the consulate in court against the beneficiary. Link to comment
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