Jump to content
laurarajesh

k3 visa petition returned

 Share

6 posts in this topic

Recommended Posts

Filed: Citizen (pnd) Country: India
Timeline

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

laurarajesh

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: China
Timeline

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 by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Jordan
Timeline

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!

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Morocco
Timeline

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.

rose.gif~kiyah~rose.gif

~ Returns & Refusals...What They Don't Tell You ~

DISCLAIMER: I am not an attorney, all information provided is from years of research and personal experiences of those affected by returned visa petitions/applications. If this is happening to you, my personal advice is to research the facts, hire a good immigration lawyer who can demonstrate they specialize in returned/denied visa petitions and applications.

~ Faith, Patience, Perseverance ~

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Morocco
Timeline

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.

'Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming 'WOO HOO, What a Ride'

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: India
Timeline

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.

laurarajesh

Link to comment
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
- 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.
×
×
  • Create New...