CSC to MSC/NBC .. im running out of hope

[sangre_danaya 0]

here i am again... venting.

Our case is quite complicated. we were married here back in 2004 but i was denied to K3 because my annulment decision (declared fraud, illegal and null and void, august 2005) and my marriage to my husband (2004). we were advised by the Consul and consulate officers here in Manila that if we do not want to annul our marriage is that we can go thru the fiance route.. and so we did.

we filed it to CSC Service Center and they transferred our papers to MSC (see my timeline) and until now, we haven't heard anything.

im starting to loose hope

[William33 110]

Your case was transferred to MSC (which is now the NBC)? That is odd indeed. Are you sure about that?

The only processing centers that handle K-1 petitions are VSC (Vermont) and CSC (California). Please clarify.

I am respectful of your situation. Sorry to hear of your headaches.

here i am again... venting.

Our case is quite complicated. we were married here back in 2004 but i was denied to K3 because my annulment decision (declared fraud, illegal and null and void, august 2005) and my marriage to my husband (2004). we were advised by the Consul and consulate officers here in Manila that if we do not want to annul our marriage is that we can go thru the fiance route.. and so we did.

we filed it to CSC Service Center and they transferred our papers to MSC (see my timeline) and until now, we haven't heard anything.

im starting to loose hope

[sangre_danaya 0]

yes.. we filed it to CSC February and they transferred it to MSC/NBC June 10, 2006 (pls. see timeline) we have a MSC Case #

Edited September 8, 2006 by sangre_danaya

[aussiewench 9]

The problem seems to be from my understanding of what the OP has written, that they are still married and as such would not be able to file for a fiance visa, even if it was advised for them to do so........hence the transfer to the NBC as a spousal petition.

sangre_danaya

Did you seek legal advice prior to filing? If not, it may of been wise to have. Perhaps its time you asked for your congressperson to look into things. All the best.

Your case was transferred to MSC (which is now the NBC)? That is odd indeed. Are you sure about that?

The only processing centers that handle K-1 petitions are VSC (Vermont) and CSC (California). Please clarify.

I am respectful of your situation. Sorry to hear of your headaches.

here i am again... venting.

Our case is quite complicated. we were married here back in 2004 but i was denied to K3 because my annulment decision (declared fraud, illegal and null and void, august 2005) and my marriage to my husband (2004). we were advised by the Consul and consulate officers here in Manila that if we do not want to annul our marriage is that we can go thru the fiance route.. and so we did.

we filed it to CSC Service Center and they transferred our papers to MSC (see my timeline) and until now, we haven't heard anything.

im starting to loose hope

[sangre_danaya 0]

yes aussiewench[/c] were still married here in the Philippines but when i went to my K3 interview, the consul told us that they're not considering/recognizing our marriage hence it is null and void due to technicalities.. and yes also, we did some legal research and opinions and they told us to go throught fiance route and just remarry in the US when i get there.

my husband called USCIS and they said we should hear something in the next 3 weeks as they are just now getting to those papers and that it is still within time scedule for 3 to 4 weeks more

actually i met a filipina who has the same case as mine, her husband is a USC servicemen and the woman got 2 kids from previous husband (also marriage was declared null and void) and 1 kid from american husband.. they did not filed for annulment of their marriage and instead went through fiance also... and they were approved last month.... and so with their kids..

im hoping for that nice turn of events too..

happy weekend

[aussiewench 9]

yes aussiewench[/c] were still married here in the Philippines but when i went to my K3 interview, the consul told us that they're not considering/recognizing our marriage hence it is null and void due to technicalities.. and yes also, we did some legal research and opinions and they told us to go throught fiance route and just remarry in the US when i get there.

my husband called USCIS and they said we should hear something in the next 3 weeks as they are just now getting to those papers and that it is still within time scedule for 3 to 4 weeks more

actually i met a filipina who has the same case as mine, her husband is a USC servicemen and the woman got 2 kids from previous husband (also marriage was declared null and void) and 1 kid from american husband.. they did not filed for annulment of their marriage and instead went through fiance also... and they were approved last month.... and so with their kids..

im hoping for that nice turn of events too..

happy weekend

You do seem to have a problem however. They transferred what was filed as a fiance petition across to NBC which means they are processing it as a spousal petition (K-3). Were your marriage details etc included with the I-129F petition?

[sangre_danaya 0]

You do seem to have a problem however. They transferred what was filed as a fiance petition across to NBC which means they are processing it as a spousal petition (K-3). Were your marriage details etc included with the I-129F petition?

Yes. we even had a letter explaining what happened and who advised us to do the fiance route. My thought is that, maybe they're checking our previous case from k3 to K1 and thoroughly checking if we submitted proper documents in support for our K1 application.

[iceyspots 0]

Could they possibly be thinking that the I-129F was sent in conjunction with the I-130 as a K-3 visa?

[gugu24 0]

SANGRE...I was surprised to read your situation. My fiance and I had a simular problem. We married in the USA and filed for a K-3 visa. one and a half years later they denied our petition declaring that my fiance's previous divorce was not accepted by immigration. The previous divorce was handled in a court outside the USA. They then said it was an invalid divorce and therefor our marriage was void and considered her still married. To correct this problem my fiance had to refile the divorce again within the USA(where she is from) and then refile for a fiance visa. I dont think you will be able to avoid the same situation. If they say your divorce in not valid then they consider you still married to the other individual and they will not grant a fiance visa to marry in the USA. She also tried getting legal advice about her previous divorce before we married but the lawyers in her area would not touch it and gave no advice. She had to hire a lawyer in her state that deals with international divorces. It wasn't cheap but now that it has been corrected according to immigration's satisfaction our fiance application was approved within 3 months. We are now just waiting for an interview date. our only reason for still waiting was related to RFE's of my documents. I wish you best of luck and pray you wont have to face what we had but be sure that the advice given to you by an attorny is correct. Wouldn't hurt to contact a couple more lawyers to see what they say. Don't let them know what the fist one adviced since they might just agree to easily without researching it or thinking about it.

Also our first petition( k-3) was transferred to Korea for investigation before it was denied.

Edited September 11, 2006 by gugu24

[sangre_danaya 0]

thanks for the prayer gugu24 me and my husband/fiance can only continue to try our luck.

my annulment to the ex-boyfriend (he's a filipino) is valid and accepted by the US Embassy.. they denied me because of the conflict of dates (i.e i got the annulment decision August 2005 and my marriage to my american husband was held January 2004) .. so the people there (the consul who interviewed me and 2 key officials) advised us to pursue k1.

as i have said earlier in my posts, i met a woman who has similar case as ours and they're approved just last week..so, im really hoping for the good turn out of our papers..

praying...praying...

Edited September 11, 2006 by sangre_danaya

[aussiewench 9]

sangre_danaya

Regardless of what resulted with your friend I would still seriously look into WHY the petition was transferred to NBC where the spousal I-129F's are processed (K-3). Fiance petitions are not processed at NBC. Either contact the NCSC on the 1800 number and try to get someone to put in an enquiry for you to NBC, and contact your congressperson if you have no luck in finding out through NCSC as to WHY your petition is at NBC.

[sangre_danaya 0]

sangre_danaya

Regardless of what resulted with your friend I would still seriously look into WHY the petition was transferred to NBC where the spousal I-129F's are processed (K-3). Fiance petitions are not processed at NBC. Either contact the NCSC on the 1800 number and try to get someone to put in an enquiry for you to NBC, and contact your congressperson if you have no luck in finding out through NCSC as to WHY your petition is at NBC.

my husband wrote to Senator Boxer about a month ago and still hasn't received any return letter from their office. as for the calling the NSCS, USCIS i think he gave up for not getting anything useful information from them and told me that we'll just have wait. .. oh well, life..

[nicefuture 0]

SANGRE...I was surprised to read your situation. My fiance and I had a simular problem. We married in the USA and filed for a K-3 visa. one and a half years later they denied our petition declaring that my fiance's previous divorce was not accepted by immigration. The previous divorce was handled in a court outside the USA. They then said it was an invalid divorce and therefor our marriage was void and considered her still married. To correct this problem my fiance had to refile the divorce again within the USA(where she is from) and then refile for a fiance visa. I dont think you will be able to avoid the same situation. If they say your divorce in not valid then they consider you still married to the other individual and they will not grant a fiance visa to marry in the USA. She also tried getting legal advice about her previous divorce before we married but the lawyers in her area would not touch it and gave no advice. She had to hire a lawyer in her state that deals with international divorces. It wasn't cheap but now that it has been corrected according to immigration's satisfaction our fiance application was approved within 3 months. We are now just waiting for an interview date. our only reason for still waiting was related to RFE's of my documents. I wish you best of luck and pray you wont have to face what we had but be sure that the advice given to you by an attorny is correct. Wouldn't hurt to contact a couple more lawyers to see what they say. Don't let them know what the fist one adviced since they might just agree to easily without researching it or thinking about it.

Also our first petition( k-3) was transferred to Korea for investigation before it was denied.

Hi gugu24,

Why was your fiance's previous considered invalid? My fiance has a similar situation. His divorce was also handled in a court outside of the U.S. Will that be a problem for our K1 application?

[gugu24 0]

SANGRE...I was surprised to read your situation. My fiance and I had a simular problem. We married in the USA and filed for a K-3 visa. one and a half years later they denied our petition declaring that my fiance's previous divorce was not accepted by immigration. The previous divorce was handled in a court outside the USA. They then said it was an invalid divorce and therefor our marriage was void and considered her still married. To correct this problem my fiance had to refile the divorce again within the USA(where she is from) and then refile for a fiance visa. I dont think you will be able to avoid the same situation. If they say your divorce in not valid then they consider you still married to the other individual and they will not grant a fiance visa to marry in the USA. She also tried getting legal advice about her previous divorce before we married but the lawyers in her area would not touch it and gave no advice. She had to hire a lawyer in her state that deals with international divorces. It wasn't cheap but now that it has been corrected according to immigration's satisfaction our fiance application was approved within 3 months. We are now just waiting for an interview date. our only reason for still waiting was related to RFE's of my documents. I wish you best of luck and pray you wont have to face what we had but be sure that the advice given to you by an attorny is correct. Wouldn't hurt to contact a couple more lawyers to see what they say. Don't let them know what the fist one adviced since they might just agree to easily without researching it or thinking about it.

Also our first petition( k-3) was transferred to Korea for investigation before it was denied.

All right it all depends upon the country where the divorce was filed. Because the divorce is granted by that country so a plantif has to follow the requirments of that specific country. So i would need more inf about the country and how it was done. In our case it was in Mexico and damn it ###### up everything.

Hi gugu24,

Why was your fiance's previous considered invalid? My fiance has a similar situation. His divorce was also handled in a court outside of the U.S. Will that be a problem for our K1 application?

SANGRE...I was surprised to read your situation. My fiance and I had a simular problem. We married in the USA and filed for a K-3 visa. one and a half years later they denied our petition declaring that my fiance's previous divorce was not accepted by immigration. The previous divorce was handled in a court outside the USA. They then said it was an invalid divorce and therefor our marriage was void and considered her still married. To correct this problem my fiance had to refile the divorce again within the USA(where she is from) and then refile for a fiance visa. I dont think you will be able to avoid the same situation. If they say your divorce in not valid then they consider you still married to the other individual and they will not grant a fiance visa to marry in the USA. She also tried getting legal advice about her previous divorce before we married but the lawyers in her area would not touch it and gave no advice. She had to hire a lawyer in her state that deals with international divorces. It wasn't cheap but now that it has been corrected according to immigration's satisfaction our fiance application was approved within 3 months. We are now just waiting for an interview date. our only reason for still waiting was related to RFE's of my documents. I wish you best of luck and pray you wont have to face what we had but be sure that the advice given to you by an attorny is correct. Wouldn't hurt to contact a couple more lawyers to see what they say. Don't let them know what the fist one adviced since they might just agree to easily without researching it or thinking about it.

Also our first petition( k-3) was transferred to Korea for investigation before it was denied.

All right it all depends upon the country where the divorce was filed. Because the divorce is granted by that country so a plantif has to follow the requirments of that specific country. So i would need more inf about the country and how it was done. In our case it was in Mexico and damn it ###### up everything.

Hi gugu24,

Why was your fiance's previous considered invalid? My fiance has a similar situation. His divorce was also handled in a court outside of the U.S. Will that be a problem for our K1 application?