Jump to content
Sign in to follow this  
kalapino

K1 or K3,,,,,does it even matter at this point?

14 posts in this topic

Recommended Posts

OK,

My fiancee has completed and passed her medical exam twice and completed her interview last week.

the case is being returned to USCIS for "review".

we are not married, but

If I go to Philippines next month and get married, will this help or hurt our petition for K1 ?

I am thinking of calling USCIS and withdrawing our K1 application, getting married and filing a brand new case for K3.

any thoughts?

thanks !

:help: :help:


2005-2007

April 2005 ~~~~~~~~~ met in Palau

March 2007 ~~~~~~~~ 1st visit in PI

October 2007 ~~~~~~~ 2nd visit in PI

2008

April ~~~~~~~~~~~~~ 3rd visit in PI

October ~~~~~~~~~4th visit in PI and travel together to Hong Kong

2009

Aug 9th - 27th~~~~~~~~5th visit to PI and Hong Kong

Aug 26th ~~~~~~~~~Married !

Aug 31~~~I-130 Sent

Sep 1st~~~~~~I-130 delivered

Sep 11~~~~~~~NOA1

Sep 30~~~~~~~NOA2

Oct 06~~~~~~~at NVC

Oct 13~~~~~~~I-864 paid

Oct 26~~~~~~~I-864 returned

Oct 28~~~~~~~IV Bill paid

Nov 30~~~~~~~DS 230 at NVC

Dec 8~~~~~~~~Case Complete

Dec 29~~~~~~~Medical Complete

Jan 14 2010~~~~Interview Approved !

Jan 29~~~~~~~~Flight to US

Share this post


Link to post
Share on other sites
OK,

My fiancee has completed and passed her medical exam twice and completed her interview last week.

the case is being returned to USCIS for "review".

we are not married, but

If I go to Philippines next month and get married, will this help or hurt our petition for K1 ?

I am thinking of calling USCIS and withdrawing our K1 application, getting married and filing a brand new case for K3.

any thoughts?

thanks !

:help: :help:

Do you know WHY they are returning case to USCIS because generally it means they don't believe you about relationship being real or something is really messed up.

Maybe you should find out what exactly is happening because it looks to me like you are getting DENIED.

Going over there and getting married won't change anything if they are not able to believe you now, better you find out exactly what the problem might be. And I wouldn't wait too long because usually when they send back to USCIS it just sits there forevvvvvvvvvvvvver!!!

Good Luck to you


Mailed n-400 : 4-3-14

USCIS Received : 4-4-14

NOA1 Sent : 4-8-14

Biometrics Appt Letter Sent : 4-14-14

Biometrics Appt : 5-5-14

usaflag.gifphilippinesflag.gif

Poverty Guidelines : http://www.uscis.gov/files/form/i-864p.pdf
VisaJourney Guides : http://www.visajourney.com/forums/index.ph...amp;page=guides
K1 Flowchart : http://www.visajourney.com/forums/index.ph...amp;page=k1flow
K1/K3 AOS Guide : http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos
ROC Guide : http://www.visajourney.com/content/751guide

DSC04023-1.jpg0906091800.jpg93dc3e19-1345-4995-9126-121c2d709290.jpg

Share this post


Link to post
Share on other sites

Do you know WHY they are returning case to USCIS because generally it means they don't believe you about relationship being real or something is really messed up.

Maybe you should find out what exactly is happening because it looks to me like you are getting DENIED.

Going over there and getting married won't change anything if they are not able to believe you now, better you find out exactly what the problem might be. And I wouldn't wait too long because usually when they send back to USCIS it just sits there forevvvvvvvvvvvvver!!!

Good Luck to you

Here is what happened;

Last August (2008), while she is preparing for her interview she discovers that a marriage contract was submitted in 2003 without her knowledge or permission and she is legally married. We cancelled the scheduled interview, immediately informed the embassy of the situation, and began the process of pursuing an annulment.

we have spent the last year (and large amount of money) working on the annulment which was finally granted in mid June.

I have kept the embassy informed of everything the entire time with letters, faxes and phone calls, and they waited until the interview to tell us they need to send it back.

:crying: breathe,, :blink: ,,breathe :thumbs:

I am pretty sure I should just tell the USCIS to throw this application away, and start from scratch.

We can get married next month, and file for K3.

these are my thoughts, anyway,,,,,,


2005-2007

April 2005 ~~~~~~~~~ met in Palau

March 2007 ~~~~~~~~ 1st visit in PI

October 2007 ~~~~~~~ 2nd visit in PI

2008

April ~~~~~~~~~~~~~ 3rd visit in PI

October ~~~~~~~~~4th visit in PI and travel together to Hong Kong

2009

Aug 9th - 27th~~~~~~~~5th visit to PI and Hong Kong

Aug 26th ~~~~~~~~~Married !

Aug 31~~~I-130 Sent

Sep 1st~~~~~~I-130 delivered

Sep 11~~~~~~~NOA1

Sep 30~~~~~~~NOA2

Oct 06~~~~~~~at NVC

Oct 13~~~~~~~I-864 paid

Oct 26~~~~~~~I-864 returned

Oct 28~~~~~~~IV Bill paid

Nov 30~~~~~~~DS 230 at NVC

Dec 8~~~~~~~~Case Complete

Dec 29~~~~~~~Medical Complete

Jan 14 2010~~~~Interview Approved !

Jan 29~~~~~~~~Flight to US

Share this post


Link to post
Share on other sites
Question.....Did your fiancee have with her at the interview the annulment "Finality" and the "Annotated Marriage Contract" very important to have these.

Yes, she had everything.

they were very nice and very polite. They said the paperwork was fine.

But, it needed to be reviewed by USCIS. Thats all they said. And to wait for a letter before rescheduling interview.


2005-2007

April 2005 ~~~~~~~~~ met in Palau

March 2007 ~~~~~~~~ 1st visit in PI

October 2007 ~~~~~~~ 2nd visit in PI

2008

April ~~~~~~~~~~~~~ 3rd visit in PI

October ~~~~~~~~~4th visit in PI and travel together to Hong Kong

2009

Aug 9th - 27th~~~~~~~~5th visit to PI and Hong Kong

Aug 26th ~~~~~~~~~Married !

Aug 31~~~I-130 Sent

Sep 1st~~~~~~I-130 delivered

Sep 11~~~~~~~NOA1

Sep 30~~~~~~~NOA2

Oct 06~~~~~~~at NVC

Oct 13~~~~~~~I-864 paid

Oct 26~~~~~~~I-864 returned

Oct 28~~~~~~~IV Bill paid

Nov 30~~~~~~~DS 230 at NVC

Dec 8~~~~~~~~Case Complete

Dec 29~~~~~~~Medical Complete

Jan 14 2010~~~~Interview Approved !

Jan 29~~~~~~~~Flight to US

Share this post


Link to post
Share on other sites
Question.....Did your fiancee have with her at the interview the annulment "Finality" and the "Annotated Marriage Contract" very important to have these.

Yes, she had everything.

they were very nice and very polite. They said the paperwork was fine.

But, it needed to be reviewed by USCIS. Thats all they said. And to wait for a letter before rescheduling interview.

It's strange they want her to go thru another interview process. I'm of the opinion and this is just my opinion that after all you have been through with the K-1 I would just sit tight for awhile see what the Embassy says. It may not be anything real significant that is holding it up.

Share this post


Link to post
Share on other sites

"It's strange they want her to go thru another interview process. I'm of the opinion and this is just my opinion that after all you have been through with the K-1 I would just sit tight for awhile see what the Embassy says. It may not be anything real significant that is holding it up."

Thank you,

I appreciate your opinion

Edited by kalapino

2005-2007

April 2005 ~~~~~~~~~ met in Palau

March 2007 ~~~~~~~~ 1st visit in PI

October 2007 ~~~~~~~ 2nd visit in PI

2008

April ~~~~~~~~~~~~~ 3rd visit in PI

October ~~~~~~~~~4th visit in PI and travel together to Hong Kong

2009

Aug 9th - 27th~~~~~~~~5th visit to PI and Hong Kong

Aug 26th ~~~~~~~~~Married !

Aug 31~~~I-130 Sent

Sep 1st~~~~~~I-130 delivered

Sep 11~~~~~~~NOA1

Sep 30~~~~~~~NOA2

Oct 06~~~~~~~at NVC

Oct 13~~~~~~~I-864 paid

Oct 26~~~~~~~I-864 returned

Oct 28~~~~~~~IV Bill paid

Nov 30~~~~~~~DS 230 at NVC

Dec 8~~~~~~~~Case Complete

Dec 29~~~~~~~Medical Complete

Jan 14 2010~~~~Interview Approved !

Jan 29~~~~~~~~Flight to US

Share this post


Link to post
Share on other sites

Sorry,i was supposed to give advice. Perhaps you should watch and keep an eye on your case.

Edited by gennyangel

October 26, 2009 >AOS package sent thru USPS priority mail (day1)

October 29, 2009 >Item delivered Chicago IL, 60680 (Recieved Date) (day4)

November 3, 2009 >Notice date for I-485, I-131, I-765 (NOA's) (day9)

November 6, 2009 >Recieved in the Mail (day12)

November 6, 2009 >Touched (day12)

November 6, 2009 >Notice date for biometrics letter (day12)

November 26, 2009 >Biometrics letter recieved (Appointment date: Nov.27) (day32)

November 27, 2009 >Biometrics Appointment Done (day33)

November 27, 2009 >Touched :D(day33)

December 16, 2009 >Touched EAD "Card Production Ordered" (day53)

December 16, 2009 >Touched AP (day53)

December 17, 2009 >Touched EAD (day54)

December 17, 2009 >Touched AP (day54)

December 18, 2009 >Touched AP (day55)

December 21, 2009 >Recieved Advanced parole in the mail (day58)

December 21, 2009 >Touched EAD"Card production ordered" (day58)

February 04, 2010 > Interview @ 12:30 pm,done and approved (day103)

February 11, 2010 > Welcome Letter Aarrived

February 16, 2010 > GC Recieved

Share this post


Link to post
Share on other sites
OK,

My fiancee has completed and passed her medical exam twice and completed her interview last week.

the case is being returned to USCIS for "review".

we are not married, but

If I go to Philippines next month and get married, will this help or hurt our petition for K1 ?

I am thinking of calling USCIS and withdrawing our K1 application, getting married and filing a brand new case for K3.

any thoughts?

thanks !

:help: :help:

What happened? Why was the case under review?


Hokey Smoke!

Rocky: "Baby, are they still mad at us on VJ?"

Bullwinkle: "No, they are just confused."

Share this post


Link to post
Share on other sites
OK,

My fiancee has completed and passed her medical exam twice and completed her interview last week.

the case is being returned to USCIS for "review".

we are not married, but

If I go to Philippines next month and get married, will this help or hurt our petition for K1 ?

I am thinking of calling USCIS and withdrawing our K1 application, getting married and filing a brand new case for K3.

any thoughts?

thanks !

:help::help:

why not file for CR1 instead of K3?


03.14.2011 -------I-751 sent overnight

03.15.2011 -------package says "Delivered"

03.30.2011 -------ASC Appointment Notice Received

04.22.2011 -------Biometrics Appointment

08.29.2011--------APPROVED! GC RECEIVED!

I'm the wife of an American Soldier;

I'm the hope that lives within him after storm clouded days.

The freedom from war that gives wings to his heart,

May they reach across the miles and bind our hearts together

against all that we must face in this world.

Share this post


Link to post
Share on other sites
Question.....Did your fiancee have with her at the interview the annulment "Finality" and the "Annotated Marriage Contract" very important to have these.

Yes, she had everything.

they were very nice and very polite. They said the paperwork was fine.

But, it needed to be reviewed by USCIS. Thats all they said. And to wait for a letter before rescheduling interview.

It is very unusual to send a case back to USCIS and it ever make it back to the Embassy. If I were you I would contact an immigration attorney quickly, and get "the real story". All the times I have ever read or heard of a case sent back to USCIS it was with not so good outcomes.

Sorry I have no better info, but seriously you need to keep the case at Manila and get lawyer to stop them from sending it back to US.

Good Luck


Mailed n-400 : 4-3-14

USCIS Received : 4-4-14

NOA1 Sent : 4-8-14

Biometrics Appt Letter Sent : 4-14-14

Biometrics Appt : 5-5-14

usaflag.gifphilippinesflag.gif

Poverty Guidelines : http://www.uscis.gov/files/form/i-864p.pdf
VisaJourney Guides : http://www.visajourney.com/forums/index.ph...amp;page=guides
K1 Flowchart : http://www.visajourney.com/forums/index.ph...amp;page=k1flow
K1/K3 AOS Guide : http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos
ROC Guide : http://www.visajourney.com/content/751guide

DSC04023-1.jpg0906091800.jpg93dc3e19-1345-4995-9126-121c2d709290.jpg

Share this post


Link to post
Share on other sites
Yes, she had everything. they were very nice and very polite. They said the paperwork was fine.

But, it needed to be reviewed by USCIS. Thats all they said. And to wait for a letter before rescheduling interview .

That does not sound good. You need a good immigration lawyer. Sending back a petition to the USCIS could mean that a revocation proceeding and a NOID (Notice of Intent to Deny - "wait for a letter") is in the horizon.

You might want to read the article below before you take any further action.

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

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate. If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)©(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says, “Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.” The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview? Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)©(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×