Was Our Petition Revoked, Denied, or Expired?

[stevydoo 0]

We posted here earlier about the filing deadline for a I-129F. Our attorney filed our petition several days past the 2yr. window (his call- he ignored our concerns) and withheld all evidence revealing our last date together. USCIS approved it. At our interview in Manila the CO requested additional information to prove we filed inside the NOA1 2yr. window. Our attorney replied by claiming "petitioner" filed the petition late and requested a waiver of the 2 yr. rule. We couldn't reach him for the next 3 months and discovered last week when he finally replied that our petition was returned to USCIS (under 221(g)). We just received a copy of that notice, dated Aug 25, 2010, from him.

The NOTICE OF DECISION said:

"This notice is in reference to the Form I-129F, Petition for an Alien Fiance', filed for XXXX XXXX, pursuant to Section 101(a)(15)(K) of the Immigration Neutrality Act, as amended. The petition was approved on Feb 25, 2010, and was forwarded abroad to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa. Since the period of validity has now expired the petition will not be revalidated. Therefore in accordance with 8. C.F.R. 214.2(k)(5), all USCIS action on this petition is concluded as of the date of this notice.

The petitioner may choose to file a new Form I-129F, Petition for an Alien Fiance', for the beneficiary with fee. However, if the petitioner files a new form I-129F for the beneficiary , the petitioner will need to meet all requirements including , evidence to establish meeting the beneficiary in person within the two years before the date of filing of the new petition as set forth in 8 C.F.R. 214.2(k)."

Was our petition denied, administratively expired, or revoked? There is no instruction for appeal so it seems to be expired- or, should we expect another notice about options from USCIS in the future? Does this mean there is/will be no P6C marker in our case (determination of willful misrepresentation) if we petition for another I-129F or CR-1 in the future w/o taking any further action?

We were never offered a chance to explain to the embassy or USCIS that our attorney lied to us about the filing date; withheld vital evidence that would have red flagged the petition on initial review (air ticket stubs + travel & hotel receipts); failed to show us his appeal or seek our approval before sending it; and never offered us an opportunity to withdraw the petition before the above notice was issued. Is there any way to answer the embassy objections to our petition or appeal the decision at this point besides an MOTIC/I-290B (USCIS Notice of Appeal- $585 fee)?

FYI- This guy is a member of CA state bar and AILA (American Immigration Lawyers Association). His fee was $2600. He handled all our paperwork and we communicated exclusively by email. He never sent us copies of the paperwork. I finally asked for copies of all documents twice by phone after the visa was rejected, w/o response, before he supplied them last week after an "official" request by email. He was AWOL for 3 months after the petition was rejected, while we waited still hoping it would be approved. We discovered from the paperwork that he ignored 3/4 of all evidence we provided, which was ultimately requested at the interview. At that point we were baffled since we had already supplied everything the CO wanted.

Moral: Always ask an attorney for references before you hire them. Always get copies of paperwork before or at the time it is filed. Always insist that your attorney cc you on any communication they have with USCIS or the embassy. And finally, NEVER consent to a letter of appeal until you have read it. "Trust but Verify" at all times.

[desert_fox 32]

It sez the validity has expired....its history..its toast..

You paid this attorney how much???

For filling out a simple form, and appartently cant even do that on time.

[thelastpetitioner 218]

ok so a question,not related to OPs situation,is NOA 1 that is valid for two years?

[pushbrk 12,979]

ok so a question,not related to OPs situation,is NOA 1 that is valid for two years?

NOA2 is valid for 4 months. NOA1 has no validity issue. The attorney filed the petition a few days past the two-year mark since the couple was last together in person. This results in a denial because the couple wasn't together in person any time in the two years prior to the petition filing date.

Strangely the notice seems to indicate the petition got approved and then the date issue was discovered by the Consulate, who denied the visa.

The OP will need to file a new petition when and if the couple can arrange to be together again. (If they haven't been already)

Edited October 18, 2010 by pushbrk

[thelastpetitioner 218]

NOA2 is valid for 4 months. NOA1 has no validity issue. The attorney filed the petition a few days past the two-year mark since the couple was last together in person. This results in a denial because the couple wasn't together in person any time in the two years prior to the petition filing date.

sorry to highjack your thread OP.

so IF the notice of action two expires while waiting on the interview appointment will the consulate be able to extend the NOA 2 validity?

the reason i ask is the consulate i applied for has a 12 week average wait time frame,and between NVC and sending in the packette 3 it could go over 4 months,i just wanted to make sure there wont be a problem

[Tahoma 2,292]

sorry to highjack your thread OP.

so IF the notice of action two expires while waiting on the interview appointment will the consulate be able to extend the NOA 2 validity?

the reason i ask is the consulate i applied for has a 12 week average wait time frame,and between NVC and sending in the packette 3 it could go over 4 months,i just wanted to make sure there wont be a problem

It's my understanding that the embassy will automatically extend the validity since you are actively pursuing the visa.

The Embassy also routinely extends the validity of your petition if you are required to undergo a two-month TB culture as part of your medical.

@OP...It looks like you will have to start all over again. I hope you don't use an attorney this time!

Edited October 19, 2010 by Tahoma

[JimVaPhuong 4,863]

We posted here earlier about the filing deadline for a I-129F. Our attorney filed our petition several days past the 2yr. window (his call- he ignored our concerns) and withheld all evidence revealing our last date together. USCIS approved it. At our interview in Manila the CO requested additional information to prove we filed inside the NOA1 2yr. window. Our attorney replied by claiming "petitioner" filed the petition late and requested a waiver of the 2 yr. rule. We couldn't reach him for the next 3 months and discovered last week when he finally replied that our petition was returned to USCIS (under 221(g)). We just received a copy of that notice, dated Aug 25, 2010, from him.

The NOTICE OF DECISION said:

"This notice is in reference to the Form I-129F, Petition for an Alien Fiance', filed for XXXX XXXX, pursuant to Section 101(a)(15)(K) of the Immigration Neutrality Act, as amended. The petition was approved on Feb 25, 2010, and was forwarded abroad to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa. Since the period of validity has now expired the petition will not be revalidated. Therefore in accordance with 8. C.F.R. 214.2(k)(5), all USCIS action on this petition is concluded as of the date of this notice.

The petitioner may choose to file a new Form I-129F, Petition for an Alien Fiance', for the beneficiary with fee. However, if the petitioner files a new form I-129F for the beneficiary , the petitioner will need to meet all requirements including , evidence to establish meeting the beneficiary in person within the two years before the date of filing of the new petition as set forth in 8 C.F.R. 214.2(k)."

Was our petition denied, administratively expired, or revoked? There is no instruction for appeal so it seems to be expired- or, should we expect another notice about options from USCIS in the future? Does this mean there is/will be no P6C marker in our case (determination of willful misrepresentation) if we petition for another I-129F or CR-1 in the future w/o taking any further action?

We were never offered a chance to explain to the embassy or USCIS that our attorney lied to us about the filing date; withheld vital evidence that would have red flagged the petition on initial review (air ticket stubs + travel & hotel receipts); failed to show us his appeal or seek our approval before sending it; and never offered us an opportunity to withdraw the petition before the above notice was issued. Is there any way to answer the embassy objections to our petition or appeal the decision at this point besides an MOTIC/I-290B (USCIS Notice of Appeal- $585 fee)?

FYI- This guy is a member of CA state bar and AILA (American Immigration Lawyers Association). His fee was $2600. He handled all our paperwork and we communicated exclusively by email. He never sent us copies of the paperwork. I finally asked for copies of all documents twice by phone after the visa was rejected, w/o response, before he supplied them last week after an "official" request by email. He was AWOL for 3 months after the petition was rejected, while we waited still hoping it would be approved. We discovered from the paperwork that he ignored 3/4 of all evidence we provided, which was ultimately requested at the interview. At that point we were baffled since we had already supplied everything the CO wanted.

Moral: Always ask an attorney for references before you hire them. Always get copies of paperwork before or at the time it is filed. Always insist that your attorney cc you on any communication they have with USCIS or the embassy. And finally, NEVER consent to a letter of appeal until you have read it. "Trust but Verify" at all times.

Your petition was administratively closed. It was neither revoked nor denied. You can file another petition, presuming you can now meet the two year meeting requirement. The consulate returned the petition on the basis that USCIS erred in approving it because the two year meeting requirement had not been met. They've not made any accusation against the beneficiary, so there should be no P6C marker.

Your lawyer is guilty of gross neglect, at the very least. You should file a complaint against him with the bar association.

sorry to highjack your thread OP.

so IF the notice of action two expires while waiting on the interview appointment will the consulate be able to extend the NOA 2 validity?

the reason i ask is the consulate i applied for has a 12 week average wait time frame,and between NVC and sending in the packette 3 it could go over 4 months,i just wanted to make sure there wont be a problem

The consulate has the authority to extend the validity of the petition approval in four month increments, and most will do so for up to a total of one year. If the delay is on their end then they'll usually extend the validity automatically. If the delay is on your end; i.e., they're waiting for something from the beneficiary, then they might not extend it automatically and just allow it to expire if they don't hear from the beneficiary in time. In that event, it's a good idea to contact them and let them know the beneficiary still intends to apply for the visa, and request they extend the validity of the petition approval.

[thelastpetitioner 218]

thank you guys,and good luck OP

[Filipinawife0210 15]

Yet another case of someone seeking an attorney when not needed. A total waste of time and vital resources. In this case money....

[stevydoo 0]

Your petition was administratively closed. It was neither revoked nor denied. You can file another petition, presuming you can now meet the two year meeting requirement. The consulate returned the petition on the basis that USCIS erred in approving it because the two year meeting requirement had not been met. They've not made any accusation against the beneficiary, so there should be no P6C marker.

Your lawyer is guilty of gross neglect, at the very least. You should file a complaint against him with the bar association.

The consulate has the authority to extend the validity of the petition approval in four month increments, and most will do so for up to a total of one year. If the delay is on their end then they'll usually extend the validity automatically. If the delay is on your end; i.e., they're waiting for something from the beneficiary, then they might not extend it automatically and just allow it to expire if they don't hear from the beneficiary in time. In that event, it's a good idea to contact them and let them know the beneficiary still intends to apply for the visa, and request they extend the validity of the petition approval.

Jim,

Thanks for your input. I called USCIS yesterday to validate the consensus opinion here that we are free to proceed with a 2nd petition. They reported our Notice of Decision was an embassy action (they looked up our file first before commenting) and that they have not yet received any paperwork to render their own decision on the case. The agent said it could take up to 6 months before the rejected petition is physically returned for review.

I was advised to take NO action until we hear from USCIS and are informed about our options, based on their final decision. If a finding of willful misrepresentation is determined then Vicky is barred from receiving any visa until we successfully appeal that decision, or receive a waiver at the time the 2nd petition is considered at the embassy. Further, any misconduct by our attorney will not be considered in their review; that is apparently a matter addressed in civil court.

Based on the evidence I suspect there is an even chance we'll be found guilty of willful misrepresentation. It looks like an appeal of that finding at USCIS would take another year to complete. The USCIS agent recommended I call the embassy and attempt to intercept the Notice of Decision before it gets shipped back to USCIS, with a hope of convincing them to reconsider (not likely).

We plan to file a complaint with the California Bar Association however we lack many of the documents they call for. Our attorney has stopped responding to our inquiries so it is doubtful those papers will be available without a subpoena. A litigation attorney in my HOA opined we may need to hire another attorney and sue to achieve any remedy. She said this type of problem is common with sole proprietor lawyers, who often miss filing deadlines when handling too many cases. She recommended using a law firm for any future legal matters.

I'll be 56 in June and see no possibility of waiting another 2 years for all the paperwork to run its course. We've already waited 3 years so far. I work for the state and recently faced pay and pension cuts- making trips to see Vicky in the meantime would be a substantial hardship. I've thought about retiring and moving to the Philippines but the economy and unrest there pose big challenges. Frankly I don't see an obvious path forward- can you offer any suggestions? Thanks again for your advice and comment.

-Steve

[belinda63 3,039]

Question, why do you think there was misrepresentation? I read it as simply you did not meet within the 2 years as required not that you lied about it and got caught. Or is there something else I am missing.

Sorry about the attorney problems, another example of an attorney who tells you what you want to hear long enough to collect your money then he disappears.

[Gary and Alla 3,694]

We posted here earlier about the filing deadline for a I-129F. Our attorney filed our petition several days past the 2yr. window (his call- he ignored our concerns) and withheld all evidence revealing our last date together. USCIS approved it. At our interview in Manila the CO requested additional information to prove we filed inside the NOA1 2yr. window. Our attorney replied by claiming "petitioner" filed the petition late and requested a waiver of the 2 yr. rule. We couldn't reach him for the next 3 months and discovered last week when he finally replied that our petition was returned to USCIS (under 221(g)). We just received a copy of that notice, dated Aug 25, 2010, from him.

The NOTICE OF DECISION said:

"This notice is in reference to the Form I-129F, Petition for an Alien Fiance', filed for XXXX XXXX, pursuant to Section 101(a)(15)(K) of the Immigration Neutrality Act, as amended. The petition was approved on Feb 25, 2010, and was forwarded abroad to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa. Since the period of validity has now expired the petition will not be revalidated. Therefore in accordance with 8. C.F.R. 214.2(k)(5), all USCIS action on this petition is concluded as of the date of this notice.

The petitioner may choose to file a new Form I-129F, Petition for an Alien Fiance', for the beneficiary with fee. However, if the petitioner files a new form I-129F for the beneficiary , the petitioner will need to meet all requirements including , evidence to establish meeting the beneficiary in person within the two years before the date of filing of the new petition as set forth in 8 C.F.R. 214.2(k)."

Was our petition denied, administratively expired, or revoked? There is no instruction for appeal so it seems to be expired- or, should we expect another notice about options from USCIS in the future? Does this mean there is/will be no P6C marker in our case (determination of willful misrepresentation) if we petition for another I-129F or CR-1 in the future w/o taking any further action?

We were never offered a chance to explain to the embassy or USCIS that our attorney lied to us about the filing date; withheld vital evidence that would have red flagged the petition on initial review (air ticket stubs + travel & hotel receipts); failed to show us his appeal or seek our approval before sending it; and never offered us an opportunity to withdraw the petition before the above notice was issued. Is there any way to answer the embassy objections to our petition or appeal the decision at this point besides an MOTIC/I-290B (USCIS Notice of Appeal- $585 fee)?

FYI- This guy is a member of CA state bar and AILA (American Immigration Lawyers Association). His fee was $2600. He handled all our paperwork and we communicated exclusively by email. He never sent us copies of the paperwork. I finally asked for copies of all documents twice by phone after the visa was rejected, w/o response, before he supplied them last week after an "official" request by email. He was AWOL for 3 months after the petition was rejected, while we waited still hoping it would be approved. We discovered from the paperwork that he ignored 3/4 of all evidence we provided, which was ultimately requested at the interview. At that point we were baffled since we had already supplied everything the CO wanted.

Moral: Always ask an attorney for references before you hire them. Always get copies of paperwork before or at the time it is filed. Always insist that your attorney cc you on any communication they have with USCIS or the embassy. And finally, NEVER consent to a letter of appeal until you have read it. "Trust but Verify" at all times.

You were not qualified for an approved petition and USCIS did not "catch it" The consulate did and returned it. USCIS let it die as the valifity period had expired and it is easier to say that than admit they made the mistake to begin with. what happened?

1. You paid someone else to handle your responsibility and they didn't.

2. USCIS approved a petition they never should have

3. the consulate caught the error

4. USCIS just let it quietly die

Your problem was not taking care of this yourself before the attorney let your qualification period expire. There really is not a "waiver" for not meeting in person for the last two years except VERY narrow religious requirements. when the attorney was not doing his job, YOU should have done it, even if you had made an error you would have had an NOA1 within the deadline. In this case, nearly anything would be better than nothing.

In this process the responsibility, or I should say the reprecussions, for ANYONE's mistakes falls on YOU. You need to be prepared to grab the knobs and turn when needed.

You can re-file another petition IF you have been with your fiancee in person within the last two years.

Jim,

Thanks for your input. I called USCIS yesterday to validate the consensus opinion here that we are free to proceed with a 2nd petition. They reported our Notice of Decision was an embassy action (they looked up our file first before commenting) and that they have not yet received any paperwork to render their own decision on the case. The agent said it could take up to 6 months before the rejected petition is physically returned for review.

I was advised to take NO action until we hear from USCIS and are informed about our options, based on their final decision. If a finding of willful misrepresentation is determined then Vicky is barred from receiving any visa until we successfully appeal that decision, or receive a waiver at the time the 2nd petition is considered at the embassy. Further, any misconduct by our attorney will not be considered in their review; that is apparently a matter addressed in civil court.

Based on the evidence I suspect there is an even chance we'll be found guilty of willful misrepresentation. It looks like an appeal of that finding at USCIS would take another year to complete. The USCIS agent recommended I call the embassy and attempt to intercept the Notice of Decision before it gets shipped back to USCIS, with a hope of convincing them to reconsider (not likely).

We plan to file a complaint with the California Bar Association however we lack many of the documents they call for. Our attorney has stopped responding to our inquiries so it is doubtful those papers will be available without a subpoena. A litigation attorney in my HOA opined we may need to hire another attorney and sue to achieve any remedy. She said this type of problem is common with sole proprietor lawyers, who often miss filing deadlines when handling too many cases. She recommended using a law firm for any future legal matters.

I'll be 56 in June and see no possibility of waiting another 2 years for all the paperwork to run its course. We've already waited 3 years so far. I work for the state and recently faced pay and pension cuts- making trips to see Vicky in the meantime would be a substantial hardship. I've thought about retiring and moving to the Philippines but the economy and unrest there pose big challenges. Frankly I don't see an obvious path forward- can you offer any suggestions? Thanks again for your advice and comment.

-Steve

File a new petition NOW, with a letter withdrawing the old one. OR...wait around while people tell you BS again. Your choice.

[Gary and Alla 3,694]

sorry to highjack your thread OP.

so IF the notice of action two expires while waiting on the interview appointment will the consulate be able to extend the NOA 2 validity?

the reason i ask is the consulate i applied for has a 12 week average wait time frame,and between NVC and sending in the packette 3 it could go over 4 months,i just wanted to make sure there wont be a problem

The consulate WILL extend the validity when necessary. The consulate's contention was that the petition never HAD any validity so they are certainly not going to extend it. The consulate was correct. USCIS should have simply said, "We made a mistake and someone else caught it" Instead they used another agency as a "scapegoat". Nothing new here. That is their official position and it would "hold water" so to speak.

The OP should abandon the old petition and file a new one today (if he qualifies). Nothing else will be faster, cheaper or easier.

[pushbrk 12,979]

You were not qualified for an approved petition and USCIS did not "catch it" The consulate did and returned it. USCIS let it die as the valifity period had expired and it is easier to say that than admit they made the mistake to begin with. what happened?

1. You paid someone else to handle your responsibility and they didn't.

2. USCIS approved a petition they never should have

3. the consulate caught the error

4. USCIS just let it quietly die

Your problem was not taking care of this yourself before the attorney let your qualification period expire. There really is not a "waiver" for not meeting in person for the last two years except VERY narrow religious requirements. when the attorney was not doing his job, YOU should have done it, even if you had made an error you would have had an NOA1 within the deadline. In this case, nearly anything would be better than nothing.

In this process the responsibility, or I should say the reprecussions, for ANYONE's mistakes falls on YOU. You need to be prepared to grab the knobs and turn when needed.

You can re-file another petition IF you have been with your fiancee in person within the last two years.

The potential misrepresentation would be to sign and date the petition indicating you've met within the two years. If the petition was signed on time but filed late, there's no misrepresentation. Never listen to what a USCIS toll free number operator tells you. If you qualify now, file a new petition and in the same envelope send the letter withdrawing the original one.

Gary,

The petition is not back in the hands of USCIS so they likely WILL let it die but they haven't done so yet.

Edited October 31, 2010 by pushbrk

[JimVaPhuong 4,863]

Jim,

Thanks for your input. I called USCIS yesterday to validate the consensus opinion here that we are free to proceed with a 2nd petition. They reported our Notice of Decision was an embassy action (they looked up our file first before commenting) and that they have not yet received any paperwork to render their own decision on the case. The agent said it could take up to 6 months before the rejected petition is physically returned for review.

Look at the notice you quoted in your original post. I mean look at the physical piece of paper. Who is it from? Consulates do not write the type of notice you received. They don't have the authority to tell you that "all USCIS action on this petition is concluded as of the date of this notice". What's more, the notice is virtually identical to notices others have posted that came from the California Service Center.

The person you talked to on the phone is probably misinformed.

I was advised to take NO action until we hear from USCIS and are informed about our options, based on their final decision. If a finding of willful misrepresentation is determined then Vicky is barred from receiving any visa until we successfully appeal that decision, or receive a waiver at the time the 2nd petition is considered at the embassy. Further, any misconduct by our attorney will not be considered in their review; that is apparently a matter addressed in civil court.

If the notice you received previously was from USCIS (I'm betting it was) then this advice is based on bad information. You can file another petition, presuming you meet the two year meeting requirement. You can also marry your fiance and file a spousal visa petition anytime, even if USCIS were readjudicating your returned fiancee petition, which I honestly believe they are not based on the notice you previously received.

Based on the evidence I suspect there is an even chance we'll be found guilty of willful misrepresentation. It looks like an appeal of that finding at USCIS would take another year to complete. The USCIS agent recommended I call the embassy and attempt to intercept the Notice of Decision before it gets shipped back to USCIS, with a hope of convincing them to reconsider (not likely).

Again, advice based on bad information. Further, a USCIS agent (more likely a customer service rep) would have no clue about how to handle a denial at a consulate. There are over 100 US consulates in foreign countries, and each of them have their own policies and procedures. You can't "intercept the notice". You'd have to convince the consulate to hold on to the petition, rather than sending it back, while you try to convince the CO or the visa section chief to reverse their decision. This usually has to be done within days or weeks of the decision. Your fiancee's interview was back in June. I am absolutely certain your petition was sent back to USCIS a long time ago. The notice you received is pretty much proof of that.

We plan to file a complaint with the California Bar Association however we lack many of the documents they call for. Our attorney has stopped responding to our inquiries so it is doubtful those papers will be available without a subpoena. A litigation attorney in my HOA opined we may need to hire another attorney and sue to achieve any remedy. She said this type of problem is common with sole proprietor lawyers, who often miss filing deadlines when handling too many cases. She recommended using a law firm for any future legal matters.

I'll be 56 in June and see no possibility of waiting another 2 years for all the paperwork to run its course. We've already waited 3 years so far. I work for the state and recently faced pay and pension cuts- making trips to see Vicky in the meantime would be a substantial hardship. I've thought about retiring and moving to the Philippines but the economy and unrest there pose big challenges. Frankly I don't see an obvious path forward- can you offer any suggestions? Thanks again for your advice and comment.

-Steve

Even if you sue the attorney, you're not likely to recover much more than the fees you paid. The cost of the lawsuit will probably exceed that by a fairly wide margin. You've given enough money to attorneys. I don't know what you paid, but I'd guess it would have gone a long way toward paying for another trip to the Philippines.

I assume from this that you haven't made another trip to see your fiancee, so you can't currently meet the 2 year meeting requirement. There is no way, at this point, you can move forward without meeting her again.