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#16 UN-KNOWN

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Posted 19 November 2009 - 02:15 PM

QUOTE (khalidnfatima @ Nov 19 2009, 02:24 PM) <{POST_SNAPBACK}>
but wont they just come to the same decision ?



Im sorry to hear about that now we are also very worry after listening your situation . I pray it will fine and your hubby will get the visa . InshAllah.

Thank you !
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#17 Sandrila

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Posted 19 November 2009 - 02:36 PM

rose.gif

don't give up

see what you can do to get some answers
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#18 wellmux

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Posted 19 November 2009 - 02:46 PM

sister dont loose ur hope yes he will get visa go along with i-130 i think he will have another interview and it will not make him cost much money because hes there closer to islamabad not far way away. I hope u get through all this .
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      NATURALIZATION Timelines.
09-23-2013 N-400 Sent 
09-25-2013 N-400 Delivered 
09-26-2013 Priority Date 
10-1-2013 Acceptance Email/Text 
10-1-2013 Check Cashed
10-04-2013 Received Receipt 
10-7-2013 Finger Print Letter received 
10-28-2013 Finger Print Date 
10-29-2013 Status Changed to Inline for interview 
11-06-2013 Interview scheduled
11-09-2013 Interview Letter Received 
11-25-2013 Yellow Letter to bring Drivers License, 
12-12-13. Interview Date ///  Approved
12-16-2013 In-line for oath Scheduling 
4-16-2014 Text/Email that Scheduled For oath ceremony  
4-19-2014 Received Oath Letter  
5-16-2014 , Oath Ceremony, I am a New Citizen. Thanks Allah.
Notice to everyone reading my Naturalization Timeline
That it took me 5 months to have oath after the interview is only because i requested for a name change,
this is what delayed my case by months

 

 

______________________________________

4th Sep 2009 Interview ISL Embassy
Administrative Processing Starts
28 April 2010 AP completed just out of blue.
30 April 2010 Visa received


21 Months Total from start to VISA received


8 Months in AP TOTAL 239 Days


#19 khalidnfatima

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Posted 19 November 2009 - 03:09 PM

the answers im getting are conflicting
the attorney says go forward with 130
the woman at the congressman's office tells me she spoke with the nvc and they say that the 130 will be combined with the 129 and all will be sent to csc for review
i want to pull my hair out
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#20 JustJ

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Posted 19 November 2009 - 03:51 PM

Aren't they supposed to hand you a slip of paper at the interview to tell you why you've been denied & how to file a waiver?

I'm confused....
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Married 2008
-------------------------------------------------------------------
5/21/09 - filed I-130
12/7/09 - Interview (denied for 28 yr old CIMT); filed waiver same day
6/18/10 - I-601 Waiver Denied, added misrep for checking wrong box on landing card (lifetime ban)
7/16/10 - AAO Appeal filed.
8/31/12 - AAO appeal sustained (THANK YOU, GOD FOR YOUR MERCY)
10/8/12 - USCIS sent file to Consulate
11/28/12 - Visa in hand
12/10/12 - HERE AT LAST! (ALL GLORY TO GOD!)

#21 Peace be still

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Posted 19 November 2009 - 05:44 PM

Don't give up, my case was denied and sent back to the USCIS. My husband is here with me know. The process may take a little longer but love will indure the test of time.
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إله الخير المغرب بلد جميل! Hasbunallah wa ni'am al-wakil Tawkkalna Alay Allah

#22 khalidnfatima

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Posted 19 November 2009 - 06:07 PM

QUOTE (MENAFORLIFE @ Nov 19 2009, 05:44 PM) <{POST_SNAPBACK}>
Don't give up, my case was denied and sent back to the USCIS. My husband is here with me know. The process may take a little longer but love will indure the test of time.

oh thank you for your words of encouragement ! and as far as the previous post - we were in ap for five months; we were not denied at the interview
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#23 daboyz

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Posted 19 November 2009 - 06:19 PM

You need to find out why they denied the K-3 before you move forward with the CR-1 or more than likely they will deny the CR-1 as well.
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Service Center : Vermont Service Center
Consulate : Bangkok, Thailand
Marriage : 2006-11-08
I-130 Sent : 2008-02-22
I-130 NOA1 : 2008-03-10
I-129F Sent : 2008-04-08
I-129F NOA1 : 2008-04-14
I-129F touched: 2008-05-06
I-130 touched: 2008-05-09
I-129F approved 2008-09-05
I-130 approved 2008-09-05
NVC received 2008-09-12
Pay I-864 2008-10-08
Pay IV bill 2008-10-08
Receive Instruction 2008-11-05
Case Complete 2008-11-18
Medical 2009-01-19/20 passed
Receive Pkt 4 2009-01-30
Interview 221g 2009-02-23
Second interview 2009-03-02 Approved
POE DFW 2009-03-07
Received SS card 2009-03-17
Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:
Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

#24 Terca

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Posted 19 November 2009 - 06:36 PM

Wow, my best wishes for you guys rose.gif , be strong as you can see other people have been through this situation and have a good outcome,as you will eventually.
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Posted ImagePosted Image
Met: Sept 2005
Married: Aug 2009
I-130 Sent:11-25-2009
NOA1 notice date:12-02-2009 (took 1week, 5 days from sent date)
touched:12-04-2009
Approval e-mail from USCIS:02-24-2010 (no letter yet, probably on the way)
NOA2 notice date:02-23-2010 (received in mail on Mar 1st)

Received approval without RFE's, and without any touches
Approval came exactly 3 months after mailing I-130, 83 days after NOA1

update: we delayed our journey a bit to allow husband to finish a paid certification from employer, and his college degree :)
Got RFE's NVC missing my paystubs or employer letter
NVC case complete:05-04-2011
NVC sent package to embassy:05-05-2011
EMBASSY received package:05-11-2011
NVC e-mail with scheduled interview:05-14-2011
Interview:06-21-2011 (missing docs no visa yet)
Dropped off docs+passport and paid for visa courier:06-29-2011
visa in hand:07-08-2011 :D
POE:JFK Oct 23 2011
Green card: 11/23/2011
social security card: 11/30/2011 (had to personally fill out form)
Beneficiary has been employed full-time since:12/27/2011

#25 Peace be still

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Posted 19 November 2009 - 09:07 PM

My husband was also in AP after the interview for about 2mos, before they sent the case back to the USCIS. I wish the other people would just stop asking "find out why he was denied" The CO don't grant visa's to some people without valid reasons and just because someone else's spouse or fiance got one the first go round cuddles to you. It doesn't mean there had to be anything wrong with the persons visa that was sent back to the States. To the other person just get your Rebuttle together of additional evidence. Your husband will be here on ALLAH's time. Anything that is great doesn't always come easy. May ALLAH walk with you and your husband through thease trying times, and may He give to you the desire of your heart.
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إله الخير المغرب بلد جميل! Hasbunallah wa ni'am al-wakil Tawkkalna Alay Allah

#26 Muhammad n Maryam

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Posted 20 November 2009 - 12:10 AM

QUOTE (daboyz @ Nov 19 2009, 07:19 PM) <{POST_SNAPBACK}>
You need to find out why they denied the K-3 before you move forward with the CR-1 or more than likely they will deny the CR-1 as well.


It seems you over looked one of her previous post (oh yeah still cant get a response from the embassy stating why they came to this decision they never answer their phones - im going to call as soon as they open )

Give the lady some useful information !


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'It's not how much you give or what you say, it is how much love you give in what you do'



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#27 Darnell

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Posted 20 November 2009 - 04:35 PM

QUOTE (khalidnfatima @ Nov 19 2009, 02:09 PM) <{POST_SNAPBACK}>
the answers im getting are conflicting
the attorney says go forward with 130
the woman at the congressman's office tells me she spoke with the nvc and they say that the 130 will be combined with the 129 and all will be sent to csc for review
i want to pull my hair out


the 'combining' can happen, no idea of what it depends on.

some ppl get lucky, the i-130 is still 'detached' from the k-3.

sorry.
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#28 khalidnfatima

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Posted 20 November 2009 - 09:51 PM

ok finding out some info i should have known b4 filing ..
Returning Petitions/Applications Under Section 221(g) of the INA

The following guide is specific to returned petitions/applications under Section 221(g) of the Immigration and Nationality Act issued by the Department of State at the conclusion of a beneficiary interview. In no way is this guide legal advice, and should never be used in place of a good immigration attorney. The information has been compiled from personal experience and months of research.

First a Little Basic 101 on the 221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing or Administrative Review. However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.


Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?
221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
Petition is returned to the United States by the interviewing consulate for "further review" in what is called a diplomatic pouch.
Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.
Local service center receives returned petition.
Local service center who processed the original petition sends a notice of receipt to the petitioner.
Local service center reviews the returned petition and consular officer notes on the case.
Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.
If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
Consulate notifies the beneficiary of a new interview date.
Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.
What can you do immediately when faced with this issue:
First and foremost, contact a good immigration attorney.
Immediately have the beneficiary send a scanned copy of the 221(g) issued.
Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.
If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.
Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.
Provide your congressman/senator with as much information as possible about your case, the interview, and the result.
If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.
If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.
To track a returned petition/application with a pouch number, you can contact the Diplomatic Pouch Service in Washington:
Diplomatic Pouch Service: 202-663-1588
If you do not know who your congressman/senator is, use the following links to find out who represents your area:
US Congressional Representatives (By State)
US Senators (By State)
If the petition is returned, you are in for a wait. The diplomatic pouch the petition is returned in is sent from embassy to embassy picking up other returned petitions along the way. It could take up to 2 or 3 months for it to be received by fraud management at the NVC...then the NVC has the petition for about 1 month before sending it to the local service center where it was originally filed. One thing to also know is that returned petitions do not take priority...they are reviewed in the order they are received, that is after new petitions have been processed.

What You Can Do in the Meantime While You Wait:
Continue contacting the consulate to get an actual reason for the return...not the blanket "validity of relationship" response.
Stay in contact with your congressman/senator, they can assist you in getting the actual reason for denial.
Immediately file a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: DOS FOIA
Immediately file for a Freedom of Information Act request for the USCIS asking for the same specific consular notes on your returned petition: USCIS FOIA
Continue to document your relationship, emails, letters, phone bills, visits to their country, etc.
Be ready for the opportunity to rebut the consular findings.
Contact a good immigration attorney as suggested above...preferably one who has experience in returned and denied petitions.
After a period of 6 months or longer has passed and you do not hear anything from the local service center regarding the receipt of your return, or the results of the review, you can contact the CIS Ombudsman. While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines
USCIS OMBUDSMAN
Now, there are some differences between returned fianc petitions and marriage petitions. The K1 is especially at risk due to the expiration of the original approval, many returned K1s are not given the opportunity to rebut, they receive a notice telling them their K1 has expired and may file again at any time...this is why the FOIA is so important. You need to know the exact reason the petition was returned, just filing again is a huge risk if you do not know why the petition was returned in the first place.

While the K3 does have an expiration date also, they are treated more seriously. I have not known anyone who has had a returned K3 not being given the opportunity to rebut. Obviously the CR1 does not expire. Still, it is very important to file the FOIA, not every service center will tell you exactly what the consular office findings or objections to issuing the visa are. Some people are only asked to provide more evidence of their relationship.

The following articles have been written by an immigration attorney experienced in this area:
Clash Of The Titan Bureaucracies? The Battle Between DHS And US Consulates
Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations
Also read USCIS Immigrant Visa Petitions Returned by the State Department Consular Offices

so much info on wwwdot***removed***dotcom on this subject

Edited by khalidnfatima, 20 November 2009 - 09:54 PM.

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#29 khalidnfatima

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Posted 20 November 2009 - 09:58 PM

www dot family based immigration dot com ... LOL
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#30 wellmux

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Posted 21 November 2009 - 01:53 PM

very helpfull informations brilliant,
KhanNFatima any update did u get to talk to anyone from NVC or Embassy ?
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      NATURALIZATION Timelines.
09-23-2013 N-400 Sent 
09-25-2013 N-400 Delivered 
09-26-2013 Priority Date 
10-1-2013 Acceptance Email/Text 
10-1-2013 Check Cashed
10-04-2013 Received Receipt 
10-7-2013 Finger Print Letter received 
10-28-2013 Finger Print Date 
10-29-2013 Status Changed to Inline for interview 
11-06-2013 Interview scheduled
11-09-2013 Interview Letter Received 
11-25-2013 Yellow Letter to bring Drivers License, 
12-12-13. Interview Date ///  Approved
12-16-2013 In-line for oath Scheduling 
4-16-2014 Text/Email that Scheduled For oath ceremony  
4-19-2014 Received Oath Letter  
5-16-2014 , Oath Ceremony, I am a New Citizen. Thanks Allah.
Notice to everyone reading my Naturalization Timeline
That it took me 5 months to have oath after the interview is only because i requested for a name change,
this is what delayed my case by months

 

 

______________________________________

4th Sep 2009 Interview ISL Embassy
Administrative Processing Starts
28 April 2010 AP completed just out of blue.
30 April 2010 Visa received


21 Months Total from start to VISA received


8 Months in AP TOTAL 239 Days




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