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I-130 reaffirmed


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#1 kemlsx

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Posted 24 April 2010 - 05:23 PM

My wife had her interview on April 20th,2009 and it was denied . application was sent back to USCIS for review.I got notice on April 21,2010 (A year to review case) that they reaffirmed the I-130 application.Notice stated that application was sent to DOS for action.

Has anyone been though this? Does it mean that it is being back to Guangzhou for another interview? Or is it going to be approved now?

I am not sure what the DOS action will be?? Any info would be kindly appreciated.. thankyou

kemlsx

#2 dnoblett

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Posted 24 April 2010 - 05:54 PM

It is going back to Guangzhou for another interview, USCIS decided that the consulate's denial was unfounded.

This is a good thing.

Note you will need to get Police cert and other documents that had a 1 year shelf life.

Not sure if NVC will go through the document processing steps again, I suspect they will.

#3 tsap seui

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Posted 24 April 2010 - 05:56 PM

My wife had her interview on April 20th,2009 and it was denied . application was sent back to USCIS for review.I got notice on April 21,2010 (A year to review case) that they reaffirmed the I-130 application.Notice stated that application was sent to DOS for action.

Has anyone been though this? Does it mean that it is being back to Guangzhou for another interview? Or is it going to be approved now?

I am not sure what the DOS action will be?? Any info would be kindly appreciated.. thankyou

kemlsx



Good news, it will go back through NVC and on to Guangzhou to be rescheduled for a new inerview. We had this happen on our K-1 case, we waited 13 months after GUZ denied us, then USCIS reaffirmed our case and sent it back to NVC, who sent me a letter and said they were sending it back to Guangzhou.

I never got a rebuttal letter from the USCIS, just the reaffimed letter.

From what I have been led to understand, if USCIS reaffirms your case then whatever GUZ denied you on can not be brought up at your new interview.

In our case, we got married 2 months before USCIS said our case was okay to begin with and reaffirmed us. :lol: I had tried my best to find out where our case was and the DOS never would tell me that it had been sent back to America.

Good luck to you guys.

tsap seui

#4 tsap seui

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Posted 24 April 2010 - 06:03 PM

It is going back to Guangzhou for another interview, USCIS decided that the consulate's denial was unfounded.

This is a good thing.

Note you will need to get Police cert and other documents that had a 1 year shelf life.

Not sure if NVC will go through the document processing steps again, I suspect they will.



Dan, in our case the NVC sent me a letter and said...

"The NVC has been informed that the USCIS reaffirmed this petition. As the NVC had previously completed the processing of this case, the file will be forwarded to the U.S. Embassy/Consulate General listed below."

tsap seui

#5 kemlsx

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Posted 24 April 2010 - 06:39 PM


It is going back to Guangzhou for another interview, USCIS decided that the consulate's denial was unfounded.

This is a good thing.

Note you will need to get Police cert and other documents that had a 1 year shelf life.

Not sure if NVC will go through the document processing steps again, I suspect they will.



Dan, in our case the NVC sent me a letter and said...

"The NVC has been informed that the USCIS reaffirmed this petition. As the NVC had previously completed the processing of this case, the file will be forwarded to the U.S. Embassy/Consulate General listed below."

tsap seui



Thanks for the info..I was hoping that there would not be an other interview and just complete(approve) the visa.

#6 dnoblett

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Posted 24 April 2010 - 06:58 PM


It is going back to Guangzhou for another interview, USCIS decided that the consulate's denial was unfounded.

This is a good thing.

Note you will need to get Police cert and other documents that had a 1 year shelf life.

Not sure if NVC will go through the document processing steps again, I suspect they will.



Dan, in our case the NVC sent me a letter and said...

"The NVC has been informed that the USCIS reaffirmed this petition. As the NVC had previously completed the processing of this case, the file will be forwarded to the U.S. Embassy/Consulate General listed below."

tsap seui

In your case am I-129F for K-1 has no interaction at the NVC level, it passes through NVC. In kemlsx's case they are CR-1 which has interaction at NVC as in sending documents to NVC as well as I-864, I suspect they will wan to go through this again, if they do I would see about opting for electronic processing.

#7 tsap seui

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Posted 25 April 2010 - 09:03 AM



It is going back to Guangzhou for another interview, USCIS decided that the consulate's denial was unfounded.

This is a good thing.

Note you will need to get Police cert and other documents that had a 1 year shelf life.

Not sure if NVC will go through the document processing steps again, I suspect they will.



Dan, in our case the NVC sent me a letter and said...

"The NVC has been informed that the USCIS reaffirmed this petition. As the NVC had previously completed the processing of this case, the file will be forwarded to the U.S. Embassy/Consulate General listed below."

tsap seui

In your case am I-129F for K-1 has no interaction at the NVC level, it passes through NVC. In kemlsx's case they are CR-1 which has interaction at NVC as in sending documents to NVC as well as I-864, I suspect they will wan to go through this again, if they do I would see about opting for electronic processing.


Well good, I'll keep that in mind if our CR-1 case plays ping pong ball through NVC between USCIS and DOS like the K-1 case did. :blink:

tsap seui

#8 warpedbored

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Posted 25 April 2010 - 01:40 PM

I would be loaded for bear at the second interview. GZ doesn't like being over ruled. Theoretically they can't deny you for the same reasons but they can always come up with something. It may be worth your while to consult a lawyer well versed on the issue of NOIR and is familiar with the consulate at GZ. There are two such attorneys often brought up on CFL. Marc Ellis and John Roth. Marc Ellis is considered an authority on the subject.
Good luck.

#9 chl2010

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Posted 11 May 2010 - 02:18 PM

My wife had her interview on April 20th,2009 and it was denied . application was sent back to USCIS for review.I got notice on April 21,2010 (A year to review case) that they reaffirmed the I-130 application.Notice stated that application was sent to DOS for action.

Has anyone been though this? Does it mean that it is being back to Guangzhou for another interview? Or is it going to be approved now?

I am not sure what the DOS action will be?? Any info would be kindly appreciated.. thankyou

kemlsx

Hi Kemlsx,

I got similar situation like you. My wife's CR-1 visa was denied on August 31, 2009.
We just found out that USCIS received the returned case from Guangzhou on May, 7 2010. It took a long time for just returning the case to USCIS from Guangzhou.
We hope we'll hear something from USCIS (Vermont) soon. At least we want to find out the exact reason for the denial.
I have a question for you. Did USCIS request more proof from you or they just reaffirmed the petition?
Since your case is so similar to ours, any information from you is greatly appreciated.


Regards,
chl2010

#10 kemlsx

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Posted 11 May 2010 - 05:01 PM

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My wife had her interview on April 20th,2009 and it was denied . application was sent back to USCIS for review.I got notice on April 21,2010 (A year to review case) that they reaffirmed the I-130 application.Notice stated that application was sent to DOS for action.

Has anyone been though this? Does it mean that it is being back to Guangzhou for another interview? Or is it going to be approved now?

I am not sure what the DOS action will be?? Any info would be kindly appreciated.. thankyou

kemlsx

Hi Kemlsx,

I got similar situation like you. My wife's CR-1 visa was denied on August 31, 2009.
We just found out that USCIS received the returned case from Guangzhou on May, 7 2010. It took a long time for just returning the case to USCIS from Guangzhou.
We hope we'll hear something from USCIS (Vermont) soon. At least we want to find out the exact reason for the denial.
I have a question for you. Did USCIS request more proof from you or they just reaffirmed the petition?
Since your case is so similar to ours, any information from you is greatly appreciated.


Regards,
chl2010


Hello chl2010,
My wife had the interview on April 20,2009 .application was denied at that time.I received a letter informing me that the I-130 was being sent back to USCIS for review.
I emailed USCIS four times to check on status of application.replies were still waiting to be reviewed. On March 1st,I recieved letter of NOIR with a list of reasons that it was denied. I had until april 1st to respond and provide proof not to REVOKE I-130 .All items listed were wrong, 1)::like we got married 2 weeks after meeting--WRONG.meet on june 9th,2006,married Jan 11,2008 2)::stated we did not have a wedding banquet--wrong ..I addressed each item on list and provided proof like banquet receipts,pictures,marriage book,proof of income ,proof that she was learning english,etc..On Aprill 22nd ,I received letter reaffirming I-130 and case was being sent DOS for action.I emailed NVC May 6th,2010 as status of case.I got this reply today:
Your request has been received at the National Visa Center (NVC). The
file has been received and is currently being processed at the National
Visa Center. As soon as the National Visa Center transfers your case to
the U.S. Embassy in Guangzhou, you will receive information regarding
your case.

May 11.2010

#11 Randy W

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Posted 11 May 2010 - 09:19 PM

Cases like this can even get a visa without a second interview - with their rug pulled out from under them, they often won't bother finding a second one to stand on.

Not having a wedding banquet is an absurd reason for not approving a visa - they were really picking at straws with you. A second VO is unlikely to see the dark side of you that the first apparently conjured up.

That being said, Carl's (warpedboard) advice is good. An attorney like Marc Ellis can review your application and let you know where the weak points really were (we can't do that), so that you can be ready if need be. Marc is one of the best at it.

#12 chl2010

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Posted 14 May 2010 - 12:03 PM

Hi Kemlsx,

Thanks for sharing the important information with us. A lot of information people posts on this site are good information such as getting the visa, tough interview experience but still getting the visa, etc.

I don't see many postings regarding how to deal with the visa denial. Many people simply won't post or just disappear after the visa denial because they are frustrated enough and don't want to talk about it in the public forum.

I have hired an attorney myself. We want to know the exact reason for the denial before we do anything new.

Did you file another I-130 petition before you sent in the rebuttal to USCIS? My attorney recommends us to file another I-130 before we receive NOID because he thinks it might take very long, sometimes even years.

We are patiently waiting for the letter from USCIS. It's been 9 months since my wife's CR-1 denial and we still haven't heard anything.

Regards,
chl2010

#13 kemlsx

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Posted 14 May 2010 - 07:25 PM

Hi Kemlsx,

Thanks for sharing the important information with us. A lot of information people posts on this site are good information such as getting the visa, tough interview experience but still getting the visa, etc.

I don't see many postings regarding how to deal with the visa denial. Many people simply won't post or just disappear after the visa denial because they are frustrated enough and don't want to talk about it in the public forum.

I have hired an attorney myself. We want to know the exact reason for the denial before we do anything new.

Did you file another I-130 petition before you sent in the rebuttal to USCIS? My attorney recommends us to file another I-130 before we receive NOID because he thinks it might take very long, sometimes even years.

We are patiently waiting for the letter from USCIS. It's been 9 months since my wife's CR-1 denial and we still haven't heard anything.

Regards,
chl2010


chl2010,
I did not do a second I-130,,Just waited She had interview on April 20th,2009 . Then appox. march 1,2010 I received the NOIR Gave me until April 1st to provide proof -papers-to not have case revoked.There was a list of reasons why is was denied at consular.I provided proof that items in list was wrong and sent to USCIS. ON April 22,2010 ,I received notice that case was reaffirmed and was being sent to DOS for action.
Now I will wait until I hear from NVC or the Guangzhou Embassy consular office. I do not know how long that will be

#14 kemlsx

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Posted 23 July 2010 - 05:13 AM

We finally got an interview for the reaffirmed I-130 for august 4th .I suppose consular will be tough on us due to USCIS overturned there denial and reaffirmed application. We have prepared for this hopefully and obtained everything that we can think of for the interview.She has come along good with her english.I hope that the visa gets approved this time. What is the normal length of time after interview to get the visa?
If anyone has any hints or info on this,it would be kindly appreciated.

#15 dnoblett

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Posted 23 July 2010 - 06:24 AM

We finally got an interview for the reaffirmed I-130 for august 4th .I suppose consular will be tough on us due to USCIS overturned there denial and reaffirmed application. We have prepared for this hopefully and obtained everything that we can think of for the interview.She has come along good with her english.I hope that the visa gets approved this time. What is the normal length of time after interview to get the visa?
If anyone has any hints or info on this,it would be kindly appreciated.

She should get a new police report+translation for this interview, and will need to do medical again..

I have seen many cases where the 2nd interview is short, typically what ever they used to deny the first time wont be used the second time.

Good to hear the case is moving along.

One positive note, if you celebrate two years of marriage BEFORE arriving in the USA the resulting green-card will be a 10 year one, and you would not need to deal with USCIS to remove conditions on a 2 year card.


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