Closed I-129F petition and has sent it to storage

[jdalesearcy 0]

Hello!

I am new to this site and have several questions to ask of everyone. I filed a I-129 F application for a K1 visa for my Chinese future wife.

I was told that this would be best and filed on April 14, 2008 in Vermont. It was approved by that office Sept. 2008 and sent to China where she had the

interview Feb 2009 and was turned down because he said we did not have a bonafided relation. He did not ask to see of the records (hotel bills,flight records and pictures) we had from our 3 year relationship.

I called everyone (senator, lawyer) to ask what to do and finally contacted USCIS and complained to them. I was told that they had to wait until the application came back to the US. After waiting until Sept 2009, I was told the application was lost and I could file a duplicate application and the fee would be waived. I then got a message in Dec 2009 saying that my original application had been found and that they would review this. While all this was going on, I had been checking the status of application and calling. When calling they tell you that you have to wait 180 days before speaking to agent. Well on the 180th day (6/14/2010), I called and they file a inquiry into my case and told me that it may take 45 days before I hear, well I heard today 6/20 and they now tell me my application has been closed because of the time taken and it has been sent to storage.

What should I do??? Go to China and get married and file for K3??? File for another K1???

Please provide me some options and what is fastest. I am tired of waiting and want her with me.

Thanks

Jdale

[twowls 217]

Hello!

I am new to this site and have several questions to ask of everyone. I filed a I-129 F application for a K1 visa for my Chinese future wife.

I was told that this would be best and filed on April 14, 2008 in Vermont. It was approved by that office Sept. 2008 and sent to China where she had the

interview Feb 2009 and was turned down because he said we did not have a bonafided relation. He did not ask to see of the records (hotel bills,flight records and pictures) we had from our 3 year relationship.

I called everyone (senator, lawyer) to ask what to do and finally contacted USCIS and complained to them. I was told that they had to wait until the application came back to the US. After waiting until Sept 2009, I was told the application was lost and I could file a duplicate application and the fee would be waived. I then got a message in Dec 2009 saying that my original application had been found and that they would review this. While all this was going on, I had been checking the status of application and calling. When calling they tell you that you have to wait 180 days before speaking to agent. Well on the 180th day (6/14/2010), I called and they file a inquiry into my case and told me that it may take 45 days before I hear, well I heard today 6/20 and they now tell me my application has been closed because of the time taken and it has been sent to storage.

What should I do??? Go to China and get married and file for K3??? File for another K1???

Please provide me some options and what is fastest. I am tired of waiting and want her with me.

Thanks

Jdale

I'm sorry about what you've been through and don't unfortunately have the expertise to give you specific help. There are a few very knowledgeable people who should come along shortly and who can tell you whether you can reopen your case. If you have to refile, stay with this website and pay close attention to the advice those who have dealt with your consulate have to give. It's a difficult consulate and you'll want to do everything in your power to make moot all the (probably dubious) reasons they refused to acknowledge the legitimacy of your relationship before. Stay with it; all the patience you've exhibited thus far certainly attest to the seriousness of your intent.

paging the experts...

[Darnell 8,480]

I see 3 options -

1. get the case re-opened. Difficult to EXTREMELY DIFFICULT. Impossible to do via a phone call, must handle all via contact to a higher-ranking USCIS bureaucrat. Also engaging US Sentaor's Immigration Liason staffer is useful, in the beginning. Using the member search tool here, look up member 'gogo', review his prior posts, get his address book, study it, figure out which office you need to start at. Ombudsmans Office and Inspector General Office are two good places to start. IMO, was 'visa application validity dates' (see NOA-2) that was used against you, at the final stage, to get that casefile 'administratively closed'. It sucks, but it is what it is. Is strange, though, that you not receive notice from USCIS about NOID/NOIR (Notice of Intent to Deny/Revoke) after the casefile returned to USA from GUZ IV, though.

2. File new K-1. EASY . FRONT LOAD ALL bonafides. Will need to show proof of meeting within a 2 year period - so if you've not seen her in 2 years, plan the trip now. Will also request a waiver of IMBRA as this is the 2nd petition for the same human, is paragraph in the cover letter that you'll be writing. (Front loading means to submit all on initial submittal, as opposed to 'showing things' on interview day - this is beneficial for GUZ IV, as they have opportunity to review all prior to interview day)

3. Go to China - marry, file I-130 for CR-1. MEDIUM. Forget the K-3, is almost 'dead' process for most people. See K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/ IMO, is more paperwork than K-1, takes more time and money also - also involves another trip to China, getting an 'affadavit of single status' prior to marrying in China.

Now, what I've written is condensed Readers Digest version - but hopefully you can figure out which path to take. IMO - Path 2 is fastest, if you are within the 2 year 'meet' window, still. Path 3 takes more time, but results in superior Visa with immediate greencard issuance on USA arrival. Path 1 is a longish 'fight' - you can review member 'gogo' 's posts here, see what he's done over that 3-4 year period. IMO, he's the poster child for 'what could go wrong, will go wrong' - but - please, don't contact him directly - as he's busy with his wife in USA now (Final End Game, HE WON ) .

Good Luck !

Edited June 21, 2010 by Darnell

[jdalesearcy 0]

Update from yesterday!

I called the USCIS and talked to a lady who told me that my duplicate application is being worked now. She also told me to wait 45 days before I call back to check status. I am hoping this is a good thing and that things will progress smoothly.

Has anyone had this experience??

Keeping fingers crossed!!!

[pushbrk 13,965]

Update from yesterday!

I called the USCIS and talked to a lady who told me that my duplicate application is being worked now. She also told me to wait 45 days before I call back to check status. I am hoping this is a good thing and that things will progress smoothly.

Has anyone had this experience??

Keeping fingers crossed!!!

This is good but now what are you going to do to address the problem? It hasn't gone away. Simply filing a new petition won't change why the Consular officer considered the relationship NOT bona fide. What's the reason? What happened in the interview and/or what is it about your case that raised the red flags?

[jdalesearcy 0]

This is good but now what are you going to do to address the problem? It hasn't gone away. Simply filing a new petition won't change why the Consular officer considered the relationship NOT bona fide. What's the reason? What happened in the interview and/or what is it about your case that raised the red flags?

I don't know what to do differently. I had a visa lawyer review all the papers I sent into the USCIS and they did not tell me anything to add or change. I hired a lady to help my fiance in GZ before her interview because at that time her English was not so good. All I know about the interview, was that she was never asked to show anything (pictures/phone records, hotel bills and travel reservations from our 3 year relationship).

If you know of anything that I should change, add or check on please tell me. Maybe it's the age difference?? I am 59 and she is 44

Am I doing the right thing in getting a K1? Should I be looking at K3? I will be back in China end of next month and if K3 is way to go, I could get married this trip if everyone thinks this would help.

[Darnell 8,480]

It's not clear from your first post about this 'duplicate application' -

Do you mean you submitted a new I-129F , or no ?

[jdalesearcy 0]

It's not clear from your first post about this 'duplicate application' -

Do you mean you submitted a new I-129F , or no ?

When they said my papers had been lost between China and the US, they told me to file a duplicate I-129.

They recieved this and issued me a new receipt #, but his one was placed on hold when they "found" the original

application. Once they said that the original application had expired and I called, they said they were now reviewing the

duplicate application and that I needed to call back if I did not hear anything within 45 days.

Is this a good or bad thing?

[Darnell 8,480]

OK - so the K-1 that was returned to USA was lost - this K-1 was returned on NOIR/NOID.

Then you were told to submit duplicate of the failed I-129F petition.

Got it.

I wouldn't have this patience, ever.

If it was me, I'd file new K-1 after hearing of the denial at GUZ IV, and

withdraw the original K-1, all within a few days.

Sorry.

I hope some one else will chime in with other opinion about this. My opinions on it, are in post #3. Also, you might get some assistance with the Immigration Liason Staffer at your US REP / US Senators office, as everything that you've described is USCIS foolishness - an inquiry from an ILS can 'fix this' , usually.

Edited June 24, 2010 by Darnell

[jdalesearcy 0]

OK - so the K-1 that was returned to USA was lost - this K-1 was returned on NOIR/NOID.

Then you were told to submit duplicate of the failed I-129F petition.

Got it.

I wouldn't have this patience, ever.

If it was me, I'd file new K-1 after hearing of the denial at GUZ IV, and

withdraw the original K-1, all within a few days.

Sorry.

I hope some one else will chime in with other opinion about this. My opinions on it, are in post #3. Also, you might get some assistance with the Immigration Liason Staffer at your US REP / US Senators office, as everything that you've described is USCIS foolishness - an inquiry from an ILS can 'fix this' , usually.

I have been dealing with my US Senator's aid during all this and she seems to have been talking to the USCIS, but has not really been much help in getting me any favors.

It seems as though they could care less and this is weird since the senator's wife is asian.

[Darnell 8,480]

hey jDale - any news? Hope all is well ! (and happy Birthday ! )

[R.&S. 2]

OK - so the K-1 that was returned to USA was lost - this K-1 was returned on NOIR/NOID.

Then you were told to submit duplicate of the failed I-129F petition.

Got it.

I wouldn't have this patience, ever.

If it was me, I'd file new K-1 after hearing of the denial at GUZ IV, and

withdraw the original K-1, all within a few days.

Sorry.

I hope some one else will chime in with other opinion about this. My opinions on it, are in post #3. Also, you might get some assistance with the Immigration Liason Staffer at your US REP / US Senators office, as everything that you've described is USCIS foolishness - an inquiry from an ILS can 'fix this' , usually.

How to withdraw the original K1? Mine is returned to USCIS after decision from Delhi on Jan19,2011. Filling A New Petition once again.