Another Slap In The Face

[tkgert]

Okay case was returned to USCIS on Feb 11th or Feb 16th, as I received 2 different emails from USCIS that case was received back for review. Case status was checked every week on USCIS website as well as there automated phone system. Same reply was received everytime that I checked, website was we will notify you when we make a decision on your case, automated system was please allow 180 days for a decision to your case. Now as of today these 2 systems still have the same message.I waited there 180 days without any notification as to what the hell was going on and what was happening with my case. After 7 months of waiting I was finally able to speak with someone at USCIS and explain that my case was over the process timeframe. The woman that I spoke with took all my information and sent a request to the Vermont Service Center. A week later I received this email from them,, A reveiw of USCIS records indicate that your application or petition was administratively closed on March 9 2010. The Vermont Service Center is unable to release a copy of the decision to you since the decision took place more than 6 months ago.. So as of today I still have never received any contact from USCIS , Another call to them turned into the same bullshit that I have been hearing over and over again,, Just what in the hell does administratively closed mean and what can I do now,, this was my question to them and they didnt have a clue,, WTF!!!!!!!!!!!!!! I do hope that you other guys that are waiting do not receive the runaround that I did. Any advice would be appreciated..

[Randy W]

It means your case is closed.

 

Refile.

 

You will hear nothing more concerning your previous case, since they didn't try to revoke your petition.

 

It is best to have a knowledgeable immigrations attorney review your papers to determine what the red flags were.

[tkgert]

It means your case is closed.

 

Refile.

 

You will hear nothing more concerning your previous case, since they didn't try to revoke your petition.

 

It is best to have a knowledgeable immigrations attorney review your papers to determine what the red flags were.

Thanks Randy,, Should I try to get the information on there decision. They said I can send the Freedom of Information form. So they just closed it because of the time, and there was no revocation...

[dnoblett]

Well that's a big pain in the you know what, the least they should have done was send a letter stating that long ago, perhaps letter was somehow lost.

 

Anyway, in denied K-1 cases USCIS usually does one of three things.

 

• They administratively close the case, usually sending you a note to file another petition. They consider the first case to be expired.
• They reaffirm the case thinking GUZ was full of B.S. and send it back for a second interview.
• They send out a letter of intent to revoke the case, giving petitioner a chance to address it, if not addressed then the case is considered revoked.

If administratively closed, you can always file an new petition, what sucks in this case is child will have to wait some time before can immigrate too since from prior posts you indicate she turned 21 last May.

 

This time around I would travel, and marry, then file an I-130 for a spousal visa, avoiding the added costs and time involved in AOS.

[tkgert]

Well that's a big pain in the you know what, the least they should have done was send a letter stating that long ago, perhaps letter was somehow lost.

 

Anyway, in denied K-1 cases USCIS usually does one of three things.

 

• They administratively close the case, usually sending you a note to file another petition. They consider the first case to be expired.
• They reaffirm the case thinking GUZ was full of B.S. and send it back for a second interview.
• They send out a letter of intent to revoke the case, giving petitioner a chance to address it, if not addressed then the case is considered revoked.

If administratively closed, you can always file an new petition, what sucks in this case is child will have to wait some time before can immigrate too since from prior posts you indicate she turned 21 last May.

 

This time around I would travel, and marry, then file an I-130 for a spousal visa, avoiding the added costs and time involved in AOS.

Thanks Dan,, Like I said they never notified me of anything, and still havent,,,, I found this out on my own,,And yes a very big pain in the you know what

[tsap seui]

Well ol' buddy, at least it wasn't revoked....I have to look at the bright side of things....as good God,time means nothing to anyone in the USCIS or DOS.

 

I'm sorry for your loss of time. We went through "loss of time and no answers" from the DOS. They wouldn't even tell me if our case had been sent back to America....they waited 11 months to send it back, and would NEVER tell me.

 

Okay my friend, you've lost time, but thank the man upstairs they only closed the case and didn't hurt you guys in any other way.

 

Like Dan and Randy said, go marry in Chinertucky, go home, and file their I-130's. You have a fresh start with a clean slate, now.

 

Good luck my man!!! We'll be more than happy to answer any questions you have on your NEW journey. I'm pretty excited for you.

 

tsap seui

[dnoblett]

Well ol' buddy, at least it wasn't revoked....I have to look at the bright side of things....as good God,time means nothing to anyone in the USCIS or DOS.

 

I'm sorry for your loss of time. We went through "loss of time and no answers" from the DOS. They wouldn't even tell me if our case had been sent back to America....they waited 11 months to send it back, and would NEVER tell me.

 

Okay my friend, you've lost time, but thank the man upstairs they only closed the case and didn't hurt you guys in any other way.

 

Like Dan and Randy said, go marry in Chinertucky, go home, and file their I-130's. You have a fresh start with a clean slate, now.

 

Good luck my man!!! We'll be more than happy to answer any questions you have on your NEW journey. I'm pretty excited for you.

 

tsap seui

Note there will only be one I-130 for spouse, her 21 year old daughter is well beyond the age where she would qualify as a step-child (younger than 18 at time of marriage) . Mother will have to file the I-130 for daughter when she qualifies to do that, after mother has her green-card.

[chilton747]

Get married in China then hire Marc Ellis = SLAM DUNK!!

[tkgert]

Okay guys do I have to wait a time period before I can file again? And as this case was closed this will have no bearing or affects to a new petition being filed,,and should I send the freedom of information form or just let the old go and not worry about.. TK

[tsap seui]

Okay guys do I have to wait a time period before I can file again? And as this case was closed this will have no bearing or affects to a new petition being filed,,and should I send the freedom of information form or just let the old go and not worry about.. TK

 

TK, you will be doing what most all of us whose K-1's were denied have done. It is pretty much textbook.

 

I'd say go ahead and send the FOI form. Who knows, you may even find out what the problem was as GUZ saw it.

 

I know it hurts to have waited so long, but the silver lining is that you have more evidence for the next filing, you two's bona fide relationship has survived the great slap in the face...in effect...TIME....is on your side now. Time together is very strong evidence.

 

I don't know why some applications are geft to time out and others are continued on with the rebuttal letter, etc. I do know for a fact that the USCIS didn't deny you, instead they just put the case to sleep.

 

I never heard from the USCIS when I went over and married one year after the denial on the K-1. I did wait a bit before filing to see if they would send me a rebuttal letter or time out our case....they sent me a "reaffirmed" letter instead. Either way and I would have felt positive for a CR-1 application.

 

I honestly think you are free to jump back into the game, and like most folks who did so before you, do well at the next interview.

 

Go for it buddy, as the Duke used to say, "let's get a move on pilgrim, daylight is burnin".

 

tsap seui'

[Highlander 08 09 10 11]

Okay guys do I have to wait a time period before I can file again? And as this case was closed this will have no bearing or affects to a new petition being filed,,and should I send the freedom of information form or just let the old go and not worry about.. TK

Hello TK, After my girl's K1 december 09 denial, I received a letter from USCIS in August 2010, "K1 has expired, no further action is necessary". I thought that would be their procedure, so I went to Chongqing in March 2010, we got married, and I filed 130 in April, 2010. We are at the NVC stage now. Hope to have an Interview Jan/Feb/March. I figure our denial was just a lack of evidence on my part, and my girl's lack of study of the evidence that I did submit. So, Best of Luck to you TK,,,,,,,,,,,,,,,,,,,,,,,,,Bob..

[tsap seui]

Okay guys do I have to wait a time period before I can file again? And as this case was closed this will have no bearing or affects to a new petition being filed,,and should I send the freedom of information form or just let the old go and not worry about.. TK

Hello TK, After my girl's K1 december 09 denial, I received a letter from USCIS in August 2010, "K1 has expired, no further action is necessary". I thought that would be their procedure, so I went to Chongqing in March 2010, we got married, and I filed 130 in April, 2010. We are at the NVC stage now. Hope to have an Interview Jan/Feb/March. I figure our denial was just a lack of evidence on my part, and my girl's lack of study of the evidence that I did submit. So, Best of Luck to you TK,,,,,,,,,,,,,,,,,,,,,,,,,Bob..

 

Best of luck to you too, Bob. I hope your dream comes true this time.

 

tsap seui

[knloregon]

What a bunch of (sadly predictable) BS ~! Real sad to hear about this tkgert. Fortunately, several have the experience here to steer you straight. so its a relief this is a do over and not a done and out.

 

Haven't heard of a Freedom of Information Act request on this kind of information, since I'm assuming your visa application is presumed to be a private matter in your life---and certainly info on the application is privileged. (I assume, for instance that I couldn't, do an FOI request for Bill Gate's SS#) Would not be surprised if most Federal agencies reject these kinds of requests as a matter of form (and convenience for them). ...can't hurt to try...

[tkgert]

What a bunch of (sadly predictable) BS ~! Real sad to hear about this tkgert. Fortunately, several have the experience here to steer you straight. so its a relief this is a do over and not a done and out.

 

Haven't heard of a Freedom of Information Act request on this kind of information, since I'm assuming your visa application is presumed to be a private matter in your life---and certainly info on the application is privileged. (I assume, for instance that I couldn't, do an FOI request for Bill Gate's SS#) Would not be surprised if most Federal agencies reject these kinds of requests as a matter of form (and convenience for them). ...can't hurt to try...

I think it is unpredictable BS, Feb. 11th 2010 your reaffirmed or reapproved petition has been sent to DOS for processing,, Feb 16th 2010 we have received your case from a USCIS office for reveiw please wait for a decision,, March 9 2010 your was administratively closed,, Now all this happened within 30 days and I did receive the first two emails but was never notified case was closed. The VSC knows this case was closed, but to this day USCIS still has no clue,, pretty damn sad when I have to call them and update my own case. I have the FOI form, has to be notarized signature, will send it and see what happens,, Thanks,, TK

[tkgert]

Okay guys do I have to wait a time period before I can file again? And as this case was closed this will have no bearing or affects to a new petition being filed,,and should I send the freedom of information form or just let the old go and not worry about.. TK

Hello TK, After my girl's K1 december 09 denial, I received a letter from USCIS in August 2010, "K1 has expired, no further action is necessary". I thought that would be their procedure, so I went to Chongqing in March 2010, we got married, and I filed 130 in April, 2010. We are at the NVC stage now. Hope to have an Interview Jan/Feb/March. I figure our denial was just a lack of evidence on my part, and my girl's lack of study of the evidence that I did submit. So, Best of Luck to you TK,,,,,,,,,,,,,,,,,,,,,,,,,Bob..

Glad to see your still here Bob,,Best of Luck to you and your girl.,,,,,,,,,,,, TK