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NODINK

K1 denied.. now what??

By NODINK in Asia: East and Pacific

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NODINK Contributor

NODINK   0

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

My fiancee got rejected and the petition is "administratively closed" and being sent back the USICS in California.

My question to you all here is how long does it take to reach me? and any one here in the same boat

I went to speak to an Immg lawyer and reccomended that I should withdraw the petition and start a new one.

I'm wondering what to do next.

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I see 3 options (without any comments from me )

1. wait for the paperwork to wind it's way back to the USA, then respond to any postal notices you receive about the case.

2. file another K-1 ( go back to Vietnam if you're approaching the 2 year window ).

3. get married in Vietnam, come back to USA, file I-130 petition.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Kevin and Proficient

Kevin and   10

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted
My fiancee got rejected and the petition is "administratively closed" and being sent back the USICS in California.

My question to you all here is how long does it take to reach me? and any one here in the same boat

I went to speak to an Immg lawyer and reccomended that I should withdraw the petition and start a new one.

I'm wondering what to do next.

I would suggest you don't withdraw your case. Let it run its coarse.

Address the problems in your rebuttal to the USCIS and/or a new petition.

CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted
My fiancee got rejected and the petition is "administratively closed" and being sent back the USICS in California.

My question to you all here is how long does it take to reach me? and any one here in the same boat

I went to speak to an Immg lawyer and reccomended that I should withdraw the petition and start a new one.

I'm wondering what to do next.

What exactly did the 221(g) notice from the consulate say? Did it say that they believed your relationship was a "sham for the purpose of immigration"? If so, then they are accusing your fiancee of fraud. Withdrawing the petition is not going to make the accusation go away. In fact, it would probably result in the accusation being considered fact, since you didn't rebut it. Your fiancee could show up at her next interview only to be told that she is banned from the US. Your lawyer may have done you a disservice by suggesting you withdraw your petition. Read this article by Marc Ellis, an immigration lawyer in HCM:

http://www.ilw.com/articles/2006,0323-ellis.shtm

Follow Kevin's advice and let the petition run it's course. Be sure to respond to any notices you get from USCIS, and provide a rebuttal with evidence. You can file a new petition in the meantime, but don't forget or ignore the first petition or it can come back to bite you.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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bryonm4 Collaborator

bryonm4   0

Posted
Filed: Country: Vietnam
 Timeline
Posted
My fiancee got rejected and the petition is "administratively closed" and being sent back the USICS in California.

My question to you all here is how long does it take to reach me? and any one here in the same boat

I went to speak to an Immg lawyer and reccomended that I should withdraw the petition and start a new one.

I'm wondering what to do next.

Contact Mr. Ellis do not withdraw that would be the worst thing you could do. I am in the same boat my wife was denied the K1 we didn't withdraw and it expired. I went there to marry here filed a CR1 and now we are waiting on an interview date. Everycase is different for me this was my best option for you it might be something different thats why I would recomend Mr Ellis. The other attorny you were talking to is not that familure with the consluate in VIetname and Mr Ellis is.

What were the reason they for your denial? Was it non bonafide if so what was the basis?

Good Luck

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2008-03-25

I-129F NOA1 : 2008-04-05

I-129F NOA2 : 2008-08-04

Interview Date : 2008-11-06

Interview Result : Denied 2008-12-05

Round 2

IR-1 / CR-1 Visa

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage : 2009-04-13

I-130 Sent : 2009-04-28

I-130 NOA1 : 2009-04-29

I-130 Approved : 2009-09-09

Packet 3 Received : 2009-10-05

Packet 4 Received : 2009-11-13

Interview Date : 2009-12-23

Interview Result : Approved

Visa Received : 2010-01-07

POE minneapolis 02-19-10

By my side happy everafter 02-19-10

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lindal24 Rising Star

lindal24   1

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Were you in AP? If so, what date did you get your 2nd blue slip? Can you post the reason(s) your case was denied so that we can understand your situation and so that others with similar circumstances can help you?

CR1/IR1 Timeline:

GENERAL INFO

[*]12-xx-2007 - 1st Trip (6wks) & Met him halfway around the world

[*]03-xx-2008 - Got engaged - two people on opposite sides of the world

[*]05-xx-2008 - 2nd Trip (2wks) - Engagement/Marriage/Consummation

[*]06-12-2008 - Filed I-130 (CR-1) with Vermont Service Center

[*]12-xx-2008 - 3rd Trip (4wks)

[*]06-05-2009 - Interview at 9:00am at HCMC Consulate (result: blue)

[*]07-08-2009 - Submitted RFE: Beneficiary's Relatives & Evidence of Relationship

[*]08-xx-2009 - 4th Trip (4wks)

[*]10-07-2009 - AP 91 days - Result: APPROVED!!

[*]10-31-2009 - POE: Detroit, MI

[*]11-18-2009 - Social Security Card

[*]11-20-2009 - Green Card

[*]01-21-2010 - Driver's License

THE NEXT STEPS...

[*]02/07/2011 - Renew Vietnam Passport

[*]07/30/2011 - Process of Removing Conditions Begins

[*]09/25/2011 - Date of I-751

[*]09/28/2011 - NOA1

[*]10/19/2011 - Biometrics

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NODINK Contributor

NODINK   0

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted
Were you in AP? If so, what date did you get your 2nd blue slip? Can you post the reason(s) your case was denied so that we can understand your situation and so that others with similar circumstances can help you?

Yes, she got the blue slip. It said the following:

"in contrast to VNmese social and culture norms which mandate a lengthy and carefull period of pre-nuptial arrangements. Petitioner proposed

marriage to beneficiary within 4 days of meeting in person for the 1st time.

.. unable to provide basic facts (such as ceremony, manner of celebration, venue, guests, approx cost) regarding the claimed planned marriage in

the US. It appears that the relationship is a sham or that Beneficiary has no actual intent to marry within 90 days of addmission to the US (or both)

.. unable to provide basic facts of honeymoon (destination, hotel, duration, transportation or approx cost)

Sorry, I don't know how to append this to my original post

Thanks all

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b_weeks Collaborator

b_weeks   6

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted
Were you in AP? If so, what date did you get your 2nd blue slip? Can you post the reason(s) your case was denied so that we can understand your situation and so that others with similar circumstances can help you?

Yes, she got the blue slip. It said the following:

"in contrast to VNmese social and culture norms which mandate a lengthy and carefull period of pre-nuptial arrangements. Petitioner proposed

marriage to beneficiary within 4 days of meeting in person for the 1st time.

.. unable to provide basic facts (such as ceremony, manner of celebration, venue, guests, approx cost) regarding the claimed planned marriage in

the US. It appears that the relationship is a sham or that Beneficiary has no actual intent to marry within 90 days of addmission to the US (or both)

.. unable to provide basic facts of honeymoon (destination, hotel, duration, transportation or approx cost)

Sorry, I don't know how to append this to my original post

Thanks all

Well alot of this could have been overcome depending on how weel she was prepared for the interview ang what your supporting evidence was.

We had our Dam Hoi 5 days after meeting in person. But we chatted online for about 1 1/2 years.

I agree with Kevin. I would let it run it's course as well. Address the problems in your rebuttal to the USCIS and/or a new petition.

Filed Removal of Conditions: 11/05/10

Rec'd NOA1: 11/08/10

Biometrics: 12/22/10

10 YR Greencard: 03/03/11 APPROVED

10 YR Greencard Rec'd: 03/08/11 RECEIVED

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lindal24 Rising Star

lindal24   1

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted (edited)

You are in the same boat as MichaelandKha...

Make sure you read up in the regional forum as well as the K-1 as far as how to proceed...

Edited by lindal24

CR1/IR1 Timeline:

GENERAL INFO

[*]12-xx-2007 - 1st Trip (6wks) & Met him halfway around the world

[*]03-xx-2008 - Got engaged - two people on opposite sides of the world

[*]05-xx-2008 - 2nd Trip (2wks) - Engagement/Marriage/Consummation

[*]06-12-2008 - Filed I-130 (CR-1) with Vermont Service Center

[*]12-xx-2008 - 3rd Trip (4wks)

[*]06-05-2009 - Interview at 9:00am at HCMC Consulate (result: blue)

[*]07-08-2009 - Submitted RFE: Beneficiary's Relatives & Evidence of Relationship

[*]08-xx-2009 - 4th Trip (4wks)

[*]10-07-2009 - AP 91 days - Result: APPROVED!!

[*]10-31-2009 - POE: Detroit, MI

[*]11-18-2009 - Social Security Card

[*]11-20-2009 - Green Card

[*]01-21-2010 - Driver's License

THE NEXT STEPS...

[*]02/07/2011 - Renew Vietnam Passport

[*]07/30/2011 - Process of Removing Conditions Begins

[*]09/25/2011 - Date of I-751

[*]09/28/2011 - NOA1

[*]10/19/2011 - Biometrics

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