my interview the october 13 2010 at Casablanca

[Always+Forever 7]

Hi again, I received a letter from the embassy today saying my husbands visa is not denied, that it has been sent back to USCIS for further review. Does anyone know what this means?

thanks, sweetcitywife

They told me the same thing with our K1. According to what I found out, the consulate can deny giving the visa, but not the application. The form my fiance received was a Refusal Worksheet. So the only way for the application to be denied is for the consulate to return it with a recommendation to revoke the original approval, thus denying the application. In other words, both USCIS & the consulate have to "deny" the application for it to be denied. Hope that makes sense.

Monica

[sachinky 464]

Alright I know all that but I asked about why he didnt travel to live with u first time using his Visitor Visa and after that u can start AOS from there beng together during the process being done? thats what I meant actually its done for the try u took and now u should move on to be together no matter what.best wishes

Uh, because using a tourist visa to enter the US in order to get married and intend to remain in the US via AOS is illegal and visa fraud. That's why. You may not use one non-immigrant visa (tourism) for the express purpose of gaining immigration benefits (residency).

[ALWAYS-HAPPY 0]

Uh, because using a tourist visa to enter the US in order to get married and intend to remain in the US via AOS is illegal and visa fraud. That's why. You may not use one non-immigrant visa (tourism) for the express purpose of gaining immigration benefits (residency).

Thanks a lot for the information I never know this before,so for sure this will be so important to pay attention about.have a good day.

~Karim

[caybee 21]

Sweetcitywife, Casa cannot outright "deny" a visa. What they do instead is send it back to USCIS for further review. USCIS will look at it again after some time and either reaffirm it or issue a Notice of Intent to Deny, and you'll have a limited amount of time in which to reply to that notice.

I don't have firsthand experience with this, but I'm replying because the consulate's choice of words (telling you it's not denied) may make it sound like you're just in AP. I just want to make sure you understand that, based on the language from the consulate, your husband's interview was not successful, you are not in AP, and you will need to take action now and prepare a rebuttal so you'll be ready when USCIS makes its decision. Best case, USCIS will reaffirm the petition, send it back to Casa, and he'll have another interview after a few months. Worst case, you'll have to rebut a NOID, so you need to prepare for worst case. The pinned "returned petition" thread at the top of this forum is a good place to start (start reading a few pages into the thread). You may want to consult an attorney at this point - since you are married, it is crucial that any rebuttal be successful this time around. Marc Ellis has been recommended by many here who have been in your shoes.

I'm sorry you're going through this and that your husband lost his visitor's visa. You two did the right thing by him not entering the US on his visitor's visa with the intention of adjusting status. They would have looked at you closely anyway because he would have been already married when he entered as a tourist, so it would have been difficult to prove he had no intention of staying when he arrived.

There is one silver lining: since, by the time this is over and he does receive the visa, you will have been married for more than two years, he should receive the 10-year green card, and you shouldn't have to remove conditions.

Hoping some of those folks who have been through this will come along to give you more feedback.

And maybe a moderator could split this off and give sweetcitywife her own thread?

Good luck!

Edited November 4, 2010 by caybee

[Crossed_fingers 128]

Good post, Caybee.

I have a question about NOID's. Has anyone here ever responded to a NOID and lost? I'm confused because it seems like people want to get the NOID rather than just letting the file expire, so USCIS will provide more specific reasons for the consulate's denial and give the petitioner an opportunity to plead their case, but isn't the risk of a fraud marker and ban great if USCIS issues the NOID? I've looked through the pinned topic, which is full of helpful information BTW, and I'm still not clear on that part...on how easy it is (for a prepared, diligent person) to successfully rebut the NOID.

Good luck to all the couples who are going through this right now!

[sweetcitygirl 0]

I understand what you meant Karim and San, dont worry. Many people have done this and some didnt even have to have an interview they just had the green card mailed to them. But im not a law breaker so we didnt. But i understand what you meant now. Thanks for your help.

sweetcitywife

[sweetcitygirl 0]

Caybee, thank you very much for this post, i really appreciate it. Now i have to figure out what i need to send them in rebuttal. I will check out that thread. Thanks for helping me to understand.

Shukran and Salam

sweetcitywife

Sweetcitywife, Casa cannot outright "deny" a visa. What they do instead is send it back to USCIS for further review. USCIS will look at it again after some time and either reaffirm it or issue a Notice of Intent to Deny, and you'll have a limited amount of time in which to reply to that notice.

I don't have firsthand experience with this, but I'm replying because the consulate's choice of words (telling you it's not denied) may make it sound like you're just in AP. I just want to make sure you understand that, based on the language from the consulate, your husband's interview was not successful, you are not in AP, and you will need to take action now and prepare a rebuttal so you'll be ready when USCIS makes its decision. Best case, USCIS will reaffirm the petition, send it back to Casa, and he'll have another interview after a few months. Worst case, you'll have to rebut a NOID, so you need to prepare for worst case. The pinned "returned petition" thread at the top of this forum is a good place to start (start reading a few pages into the thread). You may want to consult an attorney at this point - since you are married, it is crucial that any rebuttal be successful this time around. Marc Ellis has been recommended by many here who have been in your shoes.

I'm sorry you're going through this and that your husband lost his visitor's visa. You two did the right thing by him not entering the US on his visitor's visa with the intention of adjusting status. They would have looked at you closely anyway because he would have been already married when he entered as a tourist, so it would have been difficult to prove he had no intention of staying when he arrived.

There is one silver lining: since, by the time this is over and he does receive the visa, you will have been married for more than two years, he should receive the 10-year green card, and you shouldn't have to remove conditions.

Hoping some of those folks who have been through this will come along to give you more feedback.

And maybe a moderator could split this off and give sweetcitywife her own thread?

Good luck!

[Always+Forever 7]

Good post, Caybee.

I have a question about NOID's. Has anyone here ever responded to a NOID and lost? I'm confused because it seems like people want to get the NOID rather than just letting the file expire, so USCIS will provide more specific reasons for the consulate's denial and give the petitioner an opportunity to plead their case, but isn't the risk of a fraud marker and ban great if USCIS issues the NOID? I've looked through the pinned topic, which is full of helpful information BTW, and I'm still not clear on that part...on how easy it is (for a prepared, diligent person) to successfully rebut the NOID.

Good luck to all the couples who are going through this right now!

I know what u're saying...we wish for the NOID & then fear the denial. I am in the process of waiting for our NOID results (should have them by the end of the month). And I have been researching as much as I can able what happens either way, and the pc6 marker is very scary (something i try not to think about). The other problem is there aren't many ppl that get the K1 NOIDs, which makes it more difficult to compare & see the odds, but I did find a section on the USCIS website that shows the previous denied NOIDs and the main reasons were for: not replying in time, not completing the required or requested forms, and not meeting during the 2yrs prior (that is required)...I found none that were properly responded to that got denied. I'm holding on to the hopes that these are accurate to all NOIDs, since it is all i have been able to find. It would really help if there was a way to list this information in the timelines, so it is searchable, so we can get an idea, which I believe we have mentioned to moderators before. I think the problem is that most that get denied r so spread out everywhere in different forums that it's hard to get the information together, because the NOIDs are accross the board no matter what consulate they come from once they get in the US...the only differences are how each Service Center handles the denied cases. Sorry if i'm rambling I know there are many new denials out of Morocco recently & I know there are many around or before mine that already received expiration notices. Let me know if you have any questions.

Monica

[rachbel 2]

Good luck to you, just be you and be confident, everything will be fine inchallah .best luck.