much older woman/younger man

[LIFE'SJOURNEY 970]

Yes in your last post you said generally California will deny or let it expire!!!!

Thank you for the clarification on this matter. So you are saying they will give me the opportunity to offer valid reasons to verify the relationship before it is denied?

Cgayle, there are many different types of visa that goes thru the calif USCIs, there is the K1, K3 or the CR1. We had already established that the CR1 (130) does not have an expiration date, the K1 and the K3 does, since these two donot mean any thing to you, disregard any comments or reference to them.

My statement was in reference to all and any type of petition that goes thru the Calif USIS center. A 130 petition doess not have an expiration date, but if it is revolked it is as good as never existing.

[Dave and Kinnari 31]

What happend to the O.P.'s thread? lol

I'm going to give you advice putting myself into your shoes and what I feel I would do...

Go the marriage route and get married in India. The senior members here will pretty much guarantee that you will be put under AP/AR and most likely your petition will expire if you go the K-1 route thus having to re-file.

The bonafide evidence packet you will put together do not skimp on anything! Anything and everything is useful and is worth the value of gold with a non-custom traditional relationship as this one (no offense).

You want evidence that shows the ENTIRE relationship from when you first me to current day. The affidavits I consider worthless unless the person(s) that are writing the affidavit on your behalf has known of the relationship from the beginning to current day. This is a true affidavit IMHO. Still get other affidavits made that know of your relationship.

Pictures, hand written letters, immigration stamps showing visits to India, call logs etc is not as powerful as what Pushbrk said in terms of bonafide relationship evidence. Go to India get married and spend a good amount of time in India as husband and wife. This will make your case strong.

To prepare, prepare for the worst possible outcome to fully prepare yourself. This is not going to be an easy one, but it is possible to overcome IF you take the right steps in this process.

Front load your I-130 like your life depends on it. Do the hard work in the beginning to make the rest of the process easier (theoretically speaking).

That's my thoughts to you, take it as you will...

Good Luck!

[pushbrk 12,093]

Yes in your last post you said generally California will deny or let it expire!!!!

Thank you for the clarification on this matter. So you are saying they will give me the opportunity to offer valid reasons to verify the relationship before it is denied?

You seem to be confusing petition approval and visa denial. Once an I-130 petition is approved, the foreigner applies for a visa. If the visa is denied, the petition is sent back to USCIS with a recommendation the approval of the petition be revoked. Approvals of I-130 petitions do NOT expire. They can be revoked. Your opportunity for rebuttal would happen AFTER a visa is denied, not before.

Approval of an I-129F petition for fiancee expires four months from the approval date, so if the petition gets sent back to USCIS in California, they generally just let it expire and tell you to file again if you wish.

[pushbrk 12,093]

Cgayle, there are many different types of visa that goes thru the calif USCIs, there is the K1, K3 or the CR1. We had already established that the CR1 (130) does not have an expiration date, the K1 and the K3 does, since these two donot mean any thing to you, disregard any comments or reference to them.

My statement was in reference to all and any type of petition that goes thru the Calif USIS center. A 130 petition doess not have an expiration date, but if it is revolked it is as good as never existing.

You are simply confusing people. No "visas" go through USCIS. Petitions do. It is the "approval" of an I-130 that doesn't "expire". If you will learn and use the correct terminology, people will be far less confused.

[cgayle 1]

You seem to be confusing petition approval and visa denial. Once an I-130 petition is approved, the foreigner applies for a visa. If the visa is denied, the petition is sent back to USCIS with a recommendation the approval of the petition be revoked. Approvals of I-130 petitions do NOT expire. They can be revoked. Your opportunity for rebuttal would happen AFTER a visa is denied, not before.

Approval of an I-129F petition for fiancee expires four months from the approval date, so if the petition gets sent back to USCIS in California, they generally just let it expire and tell you to file again if you wish.

Ok I understand that. The petition was approved and then we filed for the Visa. He had his interview for the Visa and afterwards the paperwork was sent back to USCIS. He was told that the paperwork was being sent back for further review. He wasn't given a denial slip while at the interview. I understand that I will most likely receive a NOID letter. After receiving that, will I be able to give additional information to verify the relationship?

[cgayle 1]

You are simply confusing people. No "visas" go through USCIS. Petitions do. It is the "approval" of an I-130 that doesn't "expire". If you will learn and use the correct terminology, people will be far less confused.

Sorry, but this also confusing for me..

[LIFE'SJOURNEY 970]

You are simply confusing people. No "visas" go through USCIS. Petitions do. It is the "approval" of an I-130 that doesn't "expire". If you will learn and use the correct terminology, people will be far less confused.

Pushbrk, if you could be alittle more diplomatic people would respond to you in a better manner, I simple made an error, and I can point out a few that you have made too, but since this isn't brain surgery we are talking about I see no need to be rude to you.

[cgayle 1]

Pushbrk, if you could be alittle more diplomatic people would respond to you in a better manner, I simple made an error, and I can point out a few that you have made too, but since this isn't brain surgery we are talking about I see no need to be rude to you.

Thank you for the post. I'm not trying to be confusing, I'm just a little scared and really don't know what to expect. I would really like someone that has had this happen to them to respond so I would know what happened. Did they get there Visa and what all did they have to do if they received the NOID letter. That's all I want to know...

[pushbrk 12,093]

Thank you for the post. I'm not trying to be confusing, I'm just a little scared and really don't know what to expect. I would really like someone that has had this happen to them to respond so I would know what happened. Did they get there Visa and what all did they have to do if they received the NOID letter. That's all I want to know...

People who get NOID letters, have a brief time to respond. USCIS will then either reaffirm their approval of the petition and send it back for a second interview or they will revoke the approval. A reaffirmation is absolutely NOT a reason to count on obtaining a visa. It's 50/50 at best.

[pushbrk 12,093]

Pushbrk, if you could be alittle more diplomatic people would respond to you in a better manner, I simple made an error, and I can point out a few that you have made too, but since this isn't brain surgery we are talking about I see no need to be rude to you.

I really don't care how you respond to me. I care about helping people understand what to do to have a successful outcome. It doesn't help to confuse them by calling a petition a visa, etc. If you want to help, then learn the terminology and use it correctly. Until you do, you do more harm than good.

[LIFE'SJOURNEY 970]

I really don't care how you respond to me. I care about helping people understand what to do to have a successful outcome. It doesn't help to confuse them by calling a petition a visa, etc. If you want to help, then learn the terminology and use it correctly. Until you do, you do more harm than good.

Then as I said before being rude and acting as if you are the finally voice of reasoning, does no one any good either. We both have been on this board a long time and I have seen your bully tatics in action, it may imitate others, but a rude bully does nothing to move me.

As I stated earlier I am quite aware of the difference between a visa application and a petition application.

[Dave and Kinnari 31]

Then as I said before being rude and acting as if you are the finally voice of reasoning, does no one any good either. We both have been on this board a long time and I have seen your bully tatics in action, it may imitate others, but a rude bully does nothing to move me.

As I stated earlier I am quite aware of the difference between a visa application and a petition application.

His "right and to the point" replies helped me the most compared to a lot of other fluff and uncertain responses I got from other "senior" members.

Read his monicker under his username... he doesn't stray from it....

Edited December 1, 2011 by Dave and Kinnari

[pushbrk 12,093]

As I stated earlier I am quite aware of the difference between a visa application and a petition application.

Good! Then please correctly apply that knowledge by using the correct terminology. There's no such thing as a "petition application". A petition is NOT an application for anything. That's why it's called a "petition" instead of an "application".

Edited December 1, 2011 by pushbrk

[sachinky 464]

Just curious - why does it matter which consulate it is? BTW, we are in Kolkata. Is it a possibility there? I may even be able to rummage up some connections there.

Calcutta doesn't have an IV unit. Your SO will be interviewing at Mumbai. Forget about connections, the COs are above influence. I doubt even a phone call from the White House would change their mind.

I gather you're not of Indian origin and belong to different race and religion. How did you two meet? This will become crucially important given your vast age difference which is definitely NOT okay within Indian cultural norms. You will also need his parents/family approval for this to even have a shot. Time to start your research!

[sachinky 464]

I will be attending the interview - ABSOLUTELY! Wild horses couldn't keep me away! LOL And yes, I already suspected the age difference would be an issue - I guess I just like to think positive and think we will be one of the lucky ones that gets approved right away anyways. I have letters from my Mom and a long-time friend that has spoken with my fiance on the phone and Skype, but they are not notarized as I was told that wasn't necessary. But we also have notarized letters from his sister, brother and mom. Hope that's OK!

Yes I know, and I'm again hoping we just get through this frustrating time and get approved without any issues, RFE, A/P, denial, etc etc. Best of luck to all of us!

Mumbai doesn't allow USC petitioners inside for the interview, just as a FYI.

Also, given the circumstances and the fact that this is a consulate in India that you're going to be dealing with, affidavits from your mom stating that 'she has spoken to him on Skype' will mean squat. I really don't know how to put this in a better way.

For this to have ANY other outcome apart from an AP or a denial, will be a miracle greater than the immaculate conception of Christ.

I apologize if I have caused offence but I am not in the habit of sugarcoating the truth.

Edited December 5, 2011 by sachinky