K1 visa denied, USCIS received it after 1 month

[jameugiekaxavilon 25]

My fiance received the email below from the USCIS. After almost 2 months of visa issuance refusal from the US embassy in manila, USCIS received my returned K1 petition. Me and my fiance decided to not continue the process because we are planning to get married in the Philippines and will be styaing here for awhile. What I heard is that, USCIS will send us a letter either - Reaffirm the case or a letter of NOIR/NOID.My question is, do we need to wait for the decision or letter from the USCIS before we write a letter to withdraw the petition?

Any suggestions will be so helpful. Thank you in advance.

----------------------------------------------

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: WAC---------X

Application Type: I129F , PETITION FOR FIANCE(E)

Your Case Status: Post Decision Activity

On November 10, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

Edited November 13, 2011 by jameugiekaxavilon

[TeapotGirl 66]

I have a feeling that you might be refused because of your fiance's previous petition, fiance's unusual fate of his exes and his financial status. But lets see why. We can't assume. I say you have to say yo have to wait so you'll have an idea why you are denied to improve your case if you decide to take a spousal route. They may have different process but there are things still that are kinda similar and logically connected to each other.

Who knows that things will turn around and finally you're approved, right? So just wait. You've gone a long way so might as well don't leave any space for

Edited November 13, 2011 by teapotgurl1983

[TeapotGirl 66]

what if...

[jameugiekaxavilon 25]

Thank you teapotgurl. We already applied for a marriage license here in the philippines and the registrar person told us to return by next week to get the license.

And oh, when I received my passport back, I also received a letter from the US embassy in Manila, a letter of refusal. The reason was the CO was not satisfied of our relationship.

We want to really close the current k1 petition so if ever we will apply for a visa in the future, it wont affect so much.

[Girl from Celebes 588]

I read your previous postings and described your situation. Also, I went to website that have articles about your fiance's story. That's very difficult to faced it especially those happened same things on his previous marriages. You choose to get married for a better chance. I just do not quite sure how it will work. But, I hope you can conquer the difficulties that might be come. Good luck for the next petition.

[TeapotGirl 66]

And oh, when I received my passport back, I also received a letter from the US embassy in Manila, a letter of refusal. The reason was the CO was not satisfied of our relationship.

Oh I see. I checked your timeline looks like everything happened so fast that's why they dragged it this long. What are you asking still to wait if you already received a final answer that they are turning you down?

Edited November 13, 2011 by teapotgurl1983

[jameugiekaxavilon 25]

I read your previous postings and described your situation. Also, I went to website that have articles about your fiance's story. That's very difficult to faced it especially those happened same things on his previous marriages. You choose to get married for a better chance. I just do not quite sure how it will work. But, I hope you can conquer the difficulties that might be come. Good luck for the next petition.

Thank you Celebes. I know, it will be still a long fight for us. But for now, after we will get married, we will be staying in the philippines for a while. We are enjoying here together. The kids are becoming so close to my family and to me as well as their mom. Again, thank you!

[jameugiekaxavilon 25]

Oh I see. I checked your timeline looks like everything happened so fast that's why they dragged it this long. What are you asking still to wait if you already received a final answer that they are turning you down?

The letter I received was from the US embassy in Manila. What I read was USCIS will send letter to the petitioner about the case then its our time to reply to the letter. All I know USCIS review for the returned petition takes so much longer than those who are still in the first stage of the application. Is it okay if my fiance will write a letter of withdrawal of the petition and not wait for the letter?

[Girl from Celebes 588]

We are enjoying here together. The kids are becoming so close to my family and to me as well as their mom.

That's most important for both of you. I can see the happiness from the pictures on your signature. Those are give a chill in my spine that how this process cause you a trouble to getting married in US. Best of luck! My thought goes to you and your fiance.

[Leatherneck 693]

OP be ready to respond to any NOIR (Notice of Intent to Revoke) or NOID (Notice of Intent to Deny) should you get one.

You have a pending 212(a)(6)(c )(i) in the your file. If you (the petitioner that is) fail to respond, USCIS will revoke the approval of the petition. If that happens it becomes a finding of misrepresentation in the beneficiaries file.

Even if you get married, this will result in a denial at the interview for your CR1.

[beejay 123]

I am so sorry to hear this, I can only imagine how you felt. I'm happy that the two of you are not letting the process keep you apart. I am not familiar with your story but both of you look very happy together in your photos. Living together in the Philippines could be a good thing for your relationship

I wish both of you all the best.

[southcalhog 43]

I too would like to express my sorrow and regret to you both! Only God Knows and I am sure he has it in his divine plan to keep you guys united in faith and love for yourselves and for the kids! Please know that the VJ Family have you in our thoughts and prayers!!

Good Luck!!! God Bless!!

[jameugiekaxavilon 25]

OP be ready to respond to any NOIR (Notice of Intent to Revoke) or NOID (Notice of Intent to Deny) should you get one.

You have a pending 212(a)(6)(c )(i) in the your file. If you (the petitioner that is) fail to respond, USCIS will revoke the approval of the petition. If that happens it becomes a finding of misrepresentation in the beneficiaries file.

Even if you get married, this will result in a denial at the interview for your CR1.

Hello Leatherneck, is it okay if we will write a withdrawal letter to the USCIS although we dont receive the letter of NOIR/NOID yet? I assume its still in the process since the USCIS is still reviewing our application.

[JimVaPhuong 4,863]

Hello Leatherneck, is it okay if we will write a withdrawal letter to the USCIS although we dont receive the letter of NOIR/NOID yet? I assume its still in the process since the USCIS is still reviewing our application.

At least one other VJ member recommends that you should withdraw the petition rather than letting them readjudicate it, but I'm frankly not sure that's possible. I've seen conflicting guidance on this. The INA says that a petition can be withdrawn anytime before the immigration benefit has been granted, which means that you CAN withdraw the petition. However, I've seen lawyers write that withdrawing a petition will not stop an ongoing investigation, and that the withdrawal won't be accepted until the investigation has been completed.

When the consulate denies a visa because they believe the relationship is a sham then they usually put a P6C marker in the file. The term "P6C" refers to INA section 212, paragraph 6C. This paragraph refers to material misrepresentation; i.e., fraud. At that point, the P6C marker is only an allegation by the consular officer. USCIS can choose to ignore the allegation, and the P6C marker will never be anything more than an allegation. In this case, the petitioner will receive a letter stating that the petition has expired, and they're free to file again.

On the other hand, if USCIS decides to readjudicate the petition based on the consular officer's recommendation then there are two possible outcomes. First, they could determine that the consular officer is wrong, and reaffirm the approval of the petition. The P6C marker would become irrelevant. If you'd sent a letter withdrawing the petition then it would be closed after they reaffirm the approval. Second, they could determine that the consular officer is right, in which case they'd send a Notice Of Intent to Revoke (NOIR) to the petitioner. The petitioner would have a limited amount of time to respond to the NOIR. USCIS will make a final decision based on the response; either reaffirm the approval (and then close the petition if a withdrawal has been received), or revoke the approval of the petition. If they revoke the approval then the petition would still be closed, but not because the petitioner withdrew it - it would be closed "with prejudice". The P6C marker would become a finding of fact, and the beneficiary would be guilty of fraud. You'd need an I-601 waiver to overcome this finding for any subsequent visa application.

Now, some of the information above comes from writings on the internet from immigration lawyers, and I don't know how credible it is. I haven't yet seen a VJ member who sent a withdrawal request to USCIS after a petition was returned, and subsequently got a NOIR rather than a confirmation that the petition was withdrawn. Come to think of it, I don't recall reading about any VJ member who sent a withdrawal request after the petition was returned. I do know that you can request the petition be withdrawn because no immigration benefit has yet been granted. I just don't know if they'll accept the withdrawal before they decide what they're going to do about the consular officer's accusation.

[jameugiekaxavilon 25]

Oh no, so it means we need to wait for the USCIS letter/decision. before we can write a letter as a response. Thank you so much for the information Jimvaphuong. But its still okay that my fiance and I will get married without waiting for the USCIS, right?