Notice of Decision

[Team Erra 0]

Today we recieved the notice of decision from USCIS (california) that they will not revalidate our expired fiance visa that was sent back from the consulate.

It appears that this really was the consulates only reason for denial and also USCIS's only reason for denial. I thought there was something fishy going on....

Since this is not a request for evidence and it even tells me that I am free to reapply for k1.

question: should I respond, reapply for fiance, or go to India and get married and starts ir1/cr1? Since k1 is only 4 months, what is the validity of ir1/cr1? I can't seem to find it.

suggestions? EXCITED that it's at least concluded not waiting, waiting, waiting!! It's like the best 4 year anniversary gift we could ever get!

[I+H 11]

What exactly was the reason for denial? If I missed it forgive me

[R.&S. 2]

Today we recieved the notice of decision from USCIS (california) that they will not revalidate our expired fiance visa that was sent back from the consulate.

It appears that this really was the consulates only reason for denial and also USCIS's only reason for denial. I thought there was something fishy going on....

Since this is not a request for evidence and it even tells me that I am free to reapply for k1.

question: should I respond, reapply for fiance, or go to India and get married and starts ir1/cr1? Since k1 is only 4 months, what is the validity of ir1/cr1? I can't seem to find it.

suggestions? EXCITED that it's at least concluded not waiting, waiting, waiting!! It's like the best 4 year anniversary gift we could ever get!

We have received the same notice of expiration of the petition and saying that we can refile a fresh petition. I do not think we should be replying to them unless they ask for it.

Good luck for your new process.

[Team Erra 0]

What exactly was the reason for denial? If I missed it forgive me

There was no reason for denial...just expiration. It appears I am now a part of the new K1 process that I just found about on this forum.

[NigeriaorBust 4,087]

If you have a rejected K1 you can use the expiration as a reason to refile without waiting to hear from USCIS. Send the front loaded new petiton in with a letter stating you are assuming that the first K1 has expired. This forces them to pull both petitions and either send one of the 2 on to the embassy , effectively reaffirming the original or to send a NOID for the second petition , revealing the reason the virst petition was sent back.

[Team Erra 0]

If you have a rejected K1 you can use the expiration as a reason to refile without waiting to hear from USCIS. Send the front loaded new petiton in with a letter stating you are assuming that the first K1 has expired. This forces them to pull both petitions and either send one of the 2 on to the embassy , effectively reaffirming the original or to send a NOID for the second petition , revealing the reason the virst petition was sent back.

Perfect..thank you. We have a letter from USCIS that told us,straight-up that we will not be revalidated because it expired, so I don't have to assume anything. I already have a counter-point letter ready of 8 reasons why they could have denied us (of course they haven't told us yet, just used expiration as the reason).

Question.... do I have to refile with K1? Can we get married with the possibility they will pull up our real reason for k1 denial? Or does that create more problems. We do want to get married in November and I will include all the reasons in our cr1 why we waited til November, etc.

We want to get married and I am willing to go to India and get married and be separate while married. Actually we will have more time together married cause I will stay with him family, and as unmarried couple I spend way lots of extra in a hotel.

I am looking for other possible reasons, from other people's experience as to why their petition was denied so I can cover my bases. Here are the reasons we have, anyone can send a few more.

here are the reasons I have in the letter, counter point to a possible denial...looking for more options

1. why we want to live in america vs. india (my business I have built)

2. why we had a 15 month gap between seeing each other (short term sacrifice to afford immigration process...now I see that as a mistake)

3. fiancee not being asked to provide my background, and barely being asked about me (I included all his questions and responses at interview)

4. how he's not "using me" for money

5. why he hadn't built up a full professional career

6. why our petition expired (6 weeks was stuck at lawyer's office, being niave)

7. proof of intent to marry as well as wedding planning details, and plans for children

I just thought of these, let me know what else to include

8. I will also include religious/cultural differences and how they make use stronger, not a bad thing

9. his denied tourist visa from 2009

10. I also don't have photos WITH his family, when we met we were all so nervous, never thought about it. This is a big reason why we want to get married vs. another k1 visa cause we'll have a lot of photos of our families together, my dad would come to india for my wedding and he'll meet his parents and photos galore!

11. ?? any others? we only have a 3 year age gap (I'm older) and met online 4 years ago but have huge evidence of communication.

Edited May 1, 2011 by Team Erra

[R.&S. 2]

Perfect..thank you. We have a letter from USCIS that told us,straight-up that we will not be revalidated because it expired, so I don't have to assume anything. I already have a counter-point letter ready of 8 reasons why they could have denied us (of course they haven't told us yet, just used expiration as the reason).

Question.... do I have to refile with K1? Can we get married with the possibility they will pull up our real reason for k1 denial? Or does that create more problems. We do want to get married in November and I will include all the reasons in our cr1 why we waited til November, etc.

We want to get married and I am willing to go to India and get married and be separate while married. Actually we will have more time together married cause I will stay with him family, and as unmarried couple I spend way lots of extra in a hotel.

I am looking for other possible reasons, from other people's experience as to why their petition was denied so I can cover my bases. Here are the reasons we have, anyone can send a few more.

here are the reasons I have in the letter, counter point to a possible denial...looking for more options

1. why we want to live in america vs. india (my business I have built)

2. why we had a 15 month gap between seeing each other (short term sacrifice to afford immigration process...now I see that as a mistake)

3. fiancee not being asked to provide my background, and barely being asked about me (I included all his questions and responses at interview)

4. how he's not "using me" for money

5. why he hadn't built up a full professional career

6. why our petition expired (6 weeks was stuck at lawyer's office, being niave)

7. proof of intent to marry as well as wedding planning details, and plans for children

I just thought of these, let me know what else to include

8. I will also include religious/cultural differences and how they make use stronger, not a bad thing

9. his denied tourist visa from 2009

10. I also don't have photos WITH his family, when we met we were all so nervous, never thought about it. This is a big reason why we want to get married vs. another k1 visa cause we'll have a lot of photos of our families together, my dad would come to india for my wedding and he'll meet his parents and photos galore!

11. ?? any others? we only have a 3 year age gap (I'm older) and met online 4 years ago but have huge evidence of communication.

Did you had any pics with his family, any cultural engagement/ring ceremony where a lot of family members are involved because Delhi gives more weightage to this(my experience).

I think that it is better to consider for k1 now if you are planning a marriage in Nov.(After marriage,you will get CR1 visa in the end of 2012,which you can do anyway); apply a new K1, describing all these possible reason with front loading.

Have an engagement ceremony( if you have not done it yet), invite family/friends and take a lot of pics.

Search more and front-load old and new evidence in new petition.

After searching a lot, we are also going to apply for a new K1 next month including all these new engagement stuff.

Edited May 1, 2011 by R.&S.

[pushbrk 12,190]

There was no reason for denial...just expiration. It appears I am now a part of the new K1 process that I just found about on this forum.

Don't confuse USCIS with the Consulate. USCIS decided to let the expiration date of the approval rule their day but the visa was denied for a reason. Until you address the reason the Consulate didn't issue the visa, filing a new petition would be cruising for the same bruising.

[Team Erra 0]

Don't confuse USCIS with the Consulate. USCIS decided to let the expiration date of the approval rule their day but the visa was denied for a reason. Until you address the reason the Consulate didn't issue the visa, filing a new petition would be cruising for the same bruising.

Yes I understand that, but still don't know how to find out why we were denied. How do we address it? Just refile with front-load information addressing all possible reasons for their denial? that was my last post I amde, all possible reasons I had.

all my lawyer has said was "get married, there were no mistakes" on the first one and he doesn't know why we were denied either.

[Team Erra 0]

Did you had any pics with his family, any cultural engagement/ring ceremony where a lot of family members are involved because Delhi gives more weightage to this(my experience).

I think that it is better to consider for k1 now if you are planning a marriage in Nov.(After marriage,you will get CR1 visa in the end of 2012,which you can do anyway); apply a new K1, describing all these possible reason with front loading.

Have an engagement ceremony( if you have not done it yet), invite family/friends and take a lot of pics.

Search more and front-load old and new evidence in new petition.

After searching a lot, we are also going to apply for a new K1 next month including all these new engagement stuff.

no we had private engagement. no photos with his family.

Reason we want to get married in nov. versus another k1 visa because even if they choose to deny our marriage on some sort of fraud, we would be moving forward. we would also have our families together, too. we would be married and we could live in india. the end-all for us is not married and living in america. but married and together. If we went through another k1 we could have another year unmarried. I just don't know if getting married would be some sort of misrepresentation.... we would address any reason for denial from k1 but I still don't know what it is until we get a NOID, if we ever will.

[NigeriaorBust 4,087]

Some people ( lawyers included ) think the solution to a denied K1 is get married . That is so wrong. Marriage isn't the majic pill that will make the next petition fly thorugh. In fact being married ups the requirements for proof of relationship because married couples should have more things co mingled. You need to decide which path is personally right for you and take it. Don't expect either path to be easy.

[pushbrk 12,190]

Yes I understand that, but still don't know how to find out why we were denied. How do we address it? Just refile with front-load information addressing all possible reasons for their denial? that was my last post I amde, all possible reasons I had.

all my lawyer has said was "get married, there were no mistakes" on the first one and he doesn't know why we were denied either.

You would have been given some sort of information as to why the visa wasn't issued. The documents requested and the interview questions and answers are your window into "why".

[I+H 11]

I say that without a reason, I wouldn't do anything. I do not know exactly how you can get an answer to that question, but I would do my best to get an answer before making any decisions. Good Luck!

[RCG 3]

Yes I understand that, but still don't know how to find out why we were denied. How do we address it? Just refile with front-load information addressing all possible reasons for their denial? that was my last post I amde, all possible reasons I had.

all my lawyer has said was "get married, there were no mistakes" on the first one and he doesn't know why we were denied either.

You can fill out the G-639 form , Freedom of Information Act/Privacy Request and ask for your visa case file including the consular officer's notes. Form is found at uscis.gov

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f2a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You might have to pay a fee if the case file is too big.

I read thru your comments on this topic and think you and me and my fiance were both denied for the same reason. Not enough time spent in person. When my fiance received the denial letter, it stated, the following "You also mentioned that you have only met the petitioner once for two weeks over a year ago"..Urghhh...In my letter to the senator, i stated that the requirements stated 1 time during 2 years..We regretted me not going to India another time.

[Love Eth 14]

Yes I understand that, but still don't know how to find out why we were denied. How do we address it? Just refile with front-load information addressing all possible reasons for their denial? that was my last post I amde, all possible reasons I had.

all my lawyer has said was "get married, there were no mistakes" on the first one and he doesn't know why we were denied either.

I have been through this. The first thing to do, you should have to know the reason that the USEM denied the visa. Embassies are very quick to respond to Senators and Congressmen. So get in touch with your Senator or Congressman and let them contact the embassy. After knowing the reason of denial, then you can work for the next petition. USCIS used the delaying tactic to let the petition expire. But don't forget to organize the second petition. It took me almost three months to organize my second petition.

The other one, you can get married and file CR-1 too. However there is nothing to grant the issuance of the visa for this too. I personally saw individuals denied CR-1 visa for a very minor reason.

Edited June 9, 2011 by Love Eth