k3 visa petition returned

[laurarajesh 0]

Dear friends

i wan ask question

i filed I-129f (K3) visa petition

approved by uscis

sent to the nvc

nvc sent embassy

visa denied after interview because bonafide relationship

case sent back to the uscis

uscis sent letter to us that petition expired after four month and embassey not revelited petittion

now Department of state excepted that they (embassy ) did mistic on our case.

they sais they can try to bring my case in embassy

my question is anybody know about such situation or ever happend with anyone

need help

[Darnell 8,478]

if the approved I-130 petition is still active, then can do NVC processing.

Check the status of the I-130 with NVC, then if it's still ACTIVE, go forth with NVC processing.

----

but - if I understand you ???

DOS revalidated the petition, and now that K-3 will be sent back to the Embassy for a new interview? If that is INDEED the case, you have some work to do.

Ask the USC Spouse to generate 'bonafide relationship' fodder for you two - use the guidelines in the I-130 instructions - there are 6 types of things to generate.

Edited April 29, 2010 by Darnell

[Y's_habibitk 2]

What I am getting out of this is that USCIS reaffirmed your case here after the consul sent it back with intent to deny, and when they sent it back to the consul(reaffirmed) the consulate let it expire??? Is this what you are saying?

I would ask your USC spouse to contact their congressman or senator to inquire about the case at the consul.

You also have the option as Darnell said to follow the CR1 through NVC and go forward with that, leaving the K3 option behind.

Do have an OVERLOAD of relationship proof no matter which route you guys end up taking.

good luck!

[~kiyah~ 14]

Looks to me the USCIS did not reaffirm the returned petition, they closed it due to expiration of the original approval date.

Regardless of whether the Department of State made a mistake or not, if the USCIS has expired the I-129, then the Department of State cannot take ANY action on that expired petition becuase it is legally closed. The USCIS would have to re-open it for any action to be taken on it by the Department of State. IMO I don't see substantial value in getting the I-129 re-opened, or filing a new one both of which are options.

I would definitely find out where my I-130 is in the process, and pursue pushing the I-130 through. My personal experience and opinion is that the CR1 is the better option as there is no adjustment of status required after the beneficiary enters the US. They are eligible for a social security card, AND the 2-yr conditional greencard and will receive both within 30 days of entering this country which immediately gives them permanent resident status. Even with the extra month or so for the CR1 NVC process before the interview, it is still well worth it due to the status of the beneficiary upon entry. Your congress/senate rep can assist you in finding out where in the process your I-130 is and how to get it moving.

If you really want to explore all of your options, and weigh the pros and cons of each, you could speak to an immigration lawyer who specializes returned/denied petitions and applications. I wouldn't speak to just any immigration lawyer, they should demonstrate they specialize in this specific area of family immigration.

Good luck to you whichever path you shoose to take.

~kiyah~

[morocco4ever 63]

Kiyah is right, the I-129f is not the best option in the long run. And after looking at your timeline I see that you were married in 2006 (or was it 2005?). What this means is if they process the I-130 he will not be coming on a CR1, but an IR1, which also eliminate the lifting of conditions. This was important to me because I NEVER wanted to have to prove my marriage again.

[laurarajesh 0]

Kiyah is right, the I-129f is not the best option in the long run. And after looking at your timeline I see that you were married in 2006 (or was it 2005?). What this means is if they process the I-130 he will not be coming on a CR1, but an IR1, which also eliminate the lifting of conditions. This was important to me because I NEVER wanted to have to prove my marriage again.

Dear friends

actuly when my i-129f was deined from embassy and sent back to uscis to revoked

Uscis expired my i-129f

USCIS sent my i-130 to BIA

but good news is bia remand my I130 to district diroctor of uscis and return back to uscis for there wrong decesion

i wan to ask who much my case can take after remand my 130, by uscis and what i can do now.