K3 Visa

[stamma2 0]

Do you have the interview letter from the embassy, what type of visa interview do it have on it. I believe you were interviewed for a CR1, but you are using the incorrect term. Look at the letter for the interview type.

Yes its a CR1

[ATPEACE 43]

As I thought, the 130 is what you were interviewed on. You will now have to wait to see why you'll was denied. You should be receiving a letter from USCIS regarding this.

Review this post I will link to and follow some of these suggestions.

http://www.visajourney.com/forums/topic/317465-dont-know-what-to-do/page__pid__4756286#entry4756286

Edited July 1, 2011 by ATPEACE

[Darnell 8,478]

*** not a K-3 visa topic, moving to IR-1/CR-1 forum ***

[stamma2 0]

Do you have the interview letter from the embassy, what type of visa interview do it have on it. I believe you were interviewed for a CR1, but you are using the incorrect term. Look at the letter for the interview type.

Its is the CR1

[pushbrk 12,139]

Do you have the interview letter from the embassy, what type of visa interview do it have on it. I believe you were interviewed for a CR1, but you are using the incorrect term. Look at the letter for the interview type.

Extremely good chance this is correct. I never cease to be amazed by the number of people who think the ONLY spouse visa is the K3. The OP should know whether they filed two petitions or only one.

[stamma2 0]

Do you have the interview letter from the embassy, what type of visa interview do it have on it. I believe you were interviewed for a CR1, but you are using the incorrect term. Look at the letter for the interview type.

It is a CR1

Edited July 2, 2011 by stamma2

[ATPEACE 43]

It is a CR1

Okay, there is nothing left for you to do but what for the denial responds from USCIS. After recevding the responds you can respond to the NOID. or cancel the orginal petition and start over again with a new one. This can take from a year and half to compelete again.

You'll will need to fix whatever cause the orginal denial, i.e more visits, etc. Sorry but this cannot be fixed overnight. Once it is recv'd back at USCIS, they could send it back to the embassy for another interview.

[Ryan H 3,791]

Okay, there is nothing left for you to do but what for the denial responds from USCIS. After recevding the responds you can respond to the NOID. or cancel the orginal petition and start over again with a new one. This can take from a year and half to compelete again.

WRONG, WRONG, WRONG...............

stamma2: If you receive an NOIR (Notice of Intent to Revoke) from USCIS, you absolutely, positively, unequivocally MUST respond to it. Failure to respond to a NOIR will result in a mark a misrepresentation being placed against your spouse and that will prevent your spouse from ever being issued a visa. If a NOIR is issued, you will have to respond to it within the deadline given (usually 30 days). Also, the NOIR will state the reasons why it has been issued and you must refute those reasons.

One of two things happen when a spousal visa petition is sent back by an Embassy or Consulate:

1. USCIS will issue a NOIR which as I previously stated, MUST be responded to or
   
2. USCIS will reaffirm the original petition and send it back to the Embassy or Consulate for another interview
   

A CO cannot use the same reasons to deny a reaffirmed petition that had been sent back to the Embassy or Consulate for a second interview.

[ATPEACE 43]

WRONG, WRONG, WRONG...............

stamma2: If you receive an NOIR (Notice of Intent to Revoke) from USCIS, you absolutely, positively, unequivocally MUST respond to it. Failure to respond to a NOIR will result in a mark a misrepresentation being placed against your spouse and that will prevent your spouse from ever being issued a visa. If a NOIR is issued, you will have to respond to it within the deadline given (usually 30 days). Also, the NOIR will state the reasons why it has been issued and you must refute those reasons.

One of two things happen when a spousal visa petition is sent back by an Embassy or Consulate:

1. USCIS will issue a NOIR which as I previously stated, MUST be responded to or
   
2. USCIS will reaffirm the original petition and send it back to the Embassy or Consulate for another interview
   

A CO cannot use the same reasons to deny a reaffirmed petition that had been sent back to the Embassy or Consulate for a second interview.

Please read our entire conversation before you go and telling someone that I said something wrong, if you had read instead of reacting you would have read where I have told him he does need to respond to USCIS. The nothing to be done is in-regard to him calling about an open petition, that he doesn't have because he was interviewed for the CR1,not the K3 as he originally thought.

RYAN, please read the entire post before you start reacting........

[Ryan H 3,791]

After recevding the responds you can respond to the NOID. or cancel the orginal petition and start over again with a new one.

I requoted a section of your post and in doing so I underlined a key statement and put a key word in bold that was the basis of my reply. The way your statement reads, you are telling the OP that they have a choice of responding to NOIR or cancelling the current petition and starting over with a new one which is incorrect. I don't believe your intent was to tell the OP they had a choice of replying to a NOIR or cancelling and starting over, but that is how it came out.

By the way, I did read and reread the thread before I posted.

[pushbrk 12,139]

Yes, the Consulate CAN use the "same reason" to deny the case a second time and they often do deny a second time when the issue is their subjective opinion the relationship is not bona fide.