Just got an update on the K1

[bryonm4 0]

On July 30, 2009, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from July 30, 2009, please call customer service at 1-800-375-5283 for further assistance.

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Now I did file for a CR1 this was on my K1. I can think of 3 things this might say. 1. The petition has expired I can refile again. 2. The petition is invalid since I am now married and filed for a CR1. 3. We upheld the consulate denial your wife is banned for life 212.

Has anybody ever gotten this what should I expect? The wait of 15 days is a killer.

[Dakine 26]

On July 30, 2009, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from July 30, 2009, please call customer service at 1-800-375-5283 for further assistance.

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Now I did file for a CR1 this was on my K1. I can think of 3 things this might say. 1. The petition has expired I can refile again. 2. The petition is invalid since I am now married and filed for a CR1. 3. We upheld the consulate denial your wife is banned for life 212.

Has anybody ever gotten this what should I expect? The wait of 15 days is a killer.

My fiance was denied the K1 and I submitted a notarized cancellation letter to USCIS. Went and married {different lady] and did a spouse visa without any problems.

[bryonm4 0]

On July 30, 2009, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from July 30, 2009, please call customer service at 1-800-375-5283 for further assistance.

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**

Now I did file for a CR1 this was on my K1. I can think of 3 things this might say. 1. The petition has expired I can refile again. 2. The petition is invalid since I am now married and filed for a CR1. 3. We upheld the consulate denial your wife is banned for life 212.

Has anybody ever gotten this what should I expect? The wait of 15 days is a killer.

My fiance was denied the K1 and I submitted a notarized cancellation letter to USCIS. Went and married {different lady] and did a spouse visa without any problems.

This is different because I married the same lady I filed the K1 for

[payxibka 10,045]

banned for life? is that why the original K-1 was refused?

[bryonm4 0]

banned for life? is that why the original K-1 was refused?

K1 was denied as not bonafied

[payxibka 10,045]

banned for life? is that why the original K-1 was refused?

K1 was denied as not bonafied

not bonafide and therefore a charge of misrepresentation, that resulted in a "lifetime" ban? or is the "ban" merely worst case speculation on your part?

[bryonm4 0]

banned for life? is that why the original K-1 was refused?

K1 was denied as not bonafied

not bonafide and therefore a charge of misrepresentation, that resulted in a "lifetime" ban? or is the "ban" merely worst case speculation on your part?

They denied and stated I only made one trip and she coudlnt' awnser some questions so the denied it with a 221 and sent it back recommending a 212 same as everybody else when they get denied. I just figured if they denied then I would have no recourse but to live out my life in Vietnam with my wife

[bryonm4 0]

We didn't lie or misrepresent ourselves the reason's they denied I posted on here awhile back. The did not believe we were bonnafied. I was just thinking worse cast scenerio but I hope they do not ban her that is my worse case scenero. I don't think I could survive in Vietnam but I know I coulnd't survive without my wife.

[Anh map 2,098]

You/she did not get a ban, just a denial.

Did your K1 file get reaffirmed and sent back?

[bryonm4 0]

You/she did not get a ban, just a denial.

Did your K1 file get reaffirmed and sent back?

I dont think it got reaffirmed. I got denied in december it was sent back to the USCIS then with a 212 deniel. I was told the K1's expire after 90 days by my congressman so it should have expired but there was a request for a review. According to the email I recived and the online message it looks like they sent me a letter and were unable to do anything for me. So I think they will give me 30 days to appeal it rather than just give her a lifetime ban. I posted what they had online but here is a copy of the email they sent me

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

The last processing action taken on your case

Receipt Number: ##########

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: Denial Notice Sent

On July 30, 2009, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from July 30, 2009, please call customer service at 1-800-375-5283 for further assistance.

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 Case Status and Processing Dates.

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

Sincerely,

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

[ScottThuy 140]

Where are you getting this "lifetime ban" idea from? You have to break the rules to get a lifetime ban. Did she lie to them? That is the most common reason for a lifetime ban.. Likely you just got denied.. Leave it at that and go on with the CR1. Be ready to address whatever they had issue with in the K1. If it was an issue before it will likely still be an issue until it is resolved to the CO's satisfaction.

[JimVaPhuong 4,863]

Where are you getting this "lifetime ban" idea from? You have to break the rules to get a lifetime ban. Did she lie to them? That is the most common reason for a lifetime ban.. Likely you just got denied.. Leave it at that and go on with the CR1. Be ready to address whatever they had issue with in the K1. If it was an issue before it will likely still be an issue until it is resolved to the CO's satisfaction.

It might not be as simple as that. When the CO sends the petition back because they don't believe the relationship is bona fide then they are accusing the beneficiary of material misrepresentation; i.e., fraud. USCIS looks at the reasons given by the CO for the accusation. If they agree, then they send the Notice Of Intent to Deny, which it appears bryonm4 has gotten a notice he will be receiving. If he ignores the notice without responding to it, then the case is closed, and the accusation of material misrepresentation is recorded as fact by default. That triggers the lifetime ban. His wife will probably learn about this for the first time when she shows up at her interview and the CO hands her an I-601 waiver application.

Don't ignore the NOID. You have to respond to it, even if another petition has already been filed and approved. M.E. has written a good article on exactly this situation:

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

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.

[bryonm4 0]

Where are you getting this "lifetime ban" idea from? You have to break the rules to get a lifetime ban. Did she lie to them? That is the most common reason for a lifetime ban.. Likely you just got denied.. Leave it at that and go on with the CR1. Be ready to address whatever they had issue with in the K1. If it was an issue before it will likely still be an issue until it is resolved to the CO's satisfaction.

It might not be as simple as that. When the CO sends the petition back because they don't believe the relationship is bona fide then they are accusing the beneficiary of material misrepresentation; i.e., fraud. USCIS looks at the reasons given by the CO for the accusation. If they agree, then they send the Notice Of Intent to Deny, which it appears bryonm4 has gotten a notice he will be receiving. If he ignores the notice without responding to it, then the case is closed, and the accusation of material misrepresentation is recorded as fact by default. That triggers the lifetime ban. His wife will probably learn about this for the first time when she shows up at her interview and the CO hands her an I-601 waiver application.

Don't ignore the NOID. You have to respond to it, even if another petition has already been filed and approved. M.E. has written a good article on exactly this situation:

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

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.

Yes I read that article when we got our 212 denial before we got married. That is why I am freaking out over it now.

[JimVaPhuong 4,863]

Yes I read that article when we got our 212 denial before we got married. That is why I am freaking out over it now.

Don't freak out over it. Just don't ignore it. When you get the NOID you should look carefully over the reasons for the denial. Prepare your evidence to counter the reasons, and send your response within the timeframe they give you. If your evidence is sufficient, then they'll reaffirm the petition. After that, you can let the K1 die a happy death by not taking any further action on it.

[VN10 0]

Hi Bryon !

I got it same as yours when i checked my old K1. it is ok, nothing important .