How to repair this?

[SarAyouBliss 38]

Hello Vj,

I really need answers to the questions below, thanks!

- Visa type: CR-1 (Our marriage turned its 2years on October 11, 2012), petitioner (USCitizen) living in the US. - Interview dates & Outcome: Aug 23, 2012: 221 (g) Local Administrative review.

Sept27, 2012; 221(g) petition returned to the USCIS,reason: petitioner isineligible to sponsor the applicant (thesame answer told to the congressman'sassistant) + non-revealed issues. - Lawyer/Attorney: Immigration Lawyer (did thework from the start)

My Questions - Since the petition has returned to theUSCIS, are they going to give us a new case number to track the status at theUSCIS website (WAC########)? how long does it take for that from the date of return? - Howto get a joint-sponsor involved at this point? because someone wants to help usbe a joint-sponsor, we made sure they meet the financial criteria.

- During the USCIS stage, we received two RFE(Request for evidence) forms I-797E x2, (1st one was inJune 2011, and the 2ndone was in October 2011) I'm attaching copies of the REFs letter that wereceived from the USCIS. - I had to fill in the G-325A (biographicinformation) two times during the USCIS stage, the first was in early 2011 andthe second was on October 2011. - During the NVC stage, and after submittingthe required original documents (detailed birth certificate, marriage license,court record, etc...) the NVC sent us an email requesting a valid marriagelicense or my case will be delayed, considering that the one we submitted wasORIGINAL not a certified or notarized copy, i mean there's no more validitythan the one we submitted, so, surrendering to the NVC's request, i obtained asummary of the marriage license signed by the judge of the family-court thencertified it at the ministry offoreign affairs, then certified it at the primecourt then translated it to English, then certified it at the US consulategeneral, it took me about 1 week to do that, and on the same day i had it readyto ship, NVC notified me of my interview schedule, and stated that any originaldocuments that were requested by the NVC but were not submitted to the NVC mustbe brought to the interview, which i did but the CO never asked me for thedocument during my 2interviews, do you think i should have given it to the COin my 2interviews? Do you think the fact i didn't give it to the COparticipated in the 2 denials i had and became what i called it above one ofthe"non-revealed issues"? - Are there any official sources where we canfind contacts of authorized, recognized, licensed lawyers specialized inimmigration in northern California? PLEASEHELP US, WE FEEL LOST!

This the first letter from USCIS (Request for evidence ) June 2011

This is the second letter from USCIS (Request for evidence) October 2011

(post edited to remove second page of document at the request of the OP)

Edited November 6, 2012 by Kathryn41
to remove document image at OP's request

[MIBEN 83]

All you can do is wait for your case to be sent back to USCIS normally takes at least 6 months. They will contact the petitioner and confirm if they intend to revoke or deny the petition at which time your wife has to be ready to respond to their requests. If they want to deny they will deny the petition at which time she can reapply but if they want to revoke the petition you have to act accordingly as this means you cannot reapply. Getting an attorney is up to your discretion there are people that overcame a NOIR without an attorney. It is in hindsight now that you did not have appropriate sponsorship and did not meet the RFE request for the marriage license even if you had it as you stated they never asked for it at the interview. Don't beat yourself up over that it's done focus your energy on what's to come. Try to visit each other again and continue to document your marriage as best you can. You could solicit the help of wife's congressman. Good luck,

Edited November 5, 2012 by MIBEN

[SarAyouBliss 38]

All you can do is wait for your case to be sent back to USCIS normally takes at least 6 months. They will contact the petitioner and confirm if they intend to revoke or deny the petition at which time your wife has to be ready to respond to their requests. If they want to deny they will deny the petition at which time she can reapply but if they want to revoke the petition you have to act accordingly as this means you cannot reapply. Getting an attorney is up to your discretion there are people that overcame a NOIR without an attorney. It is in hindsight now that you did not have appropriate sponsorship and did not meet the RFE request for the marriage license even if you had it as you stated they never asked for it at the interview. Don't beat yourself up over that it's done focus your energy on what's to come. Try to visit each other again and continue to document your marriage as best you can. You could solicit the help of wife's congressman. Good luck,

We have an immigration lawyer, he took care of filing our petition, but, until recently, i noticed that he filed I-130 and I-129F YOU SHOULD KNOW THAT WE JUST GOT MARRIED IN MOROCCO. ~~NO ENGAGEMENT TOOK PLACE BEFORE MARRIAGE~ bottom line: we got married here in Morocco > my wife went back to the US > hired the lawyer > the lawyer did his work > USICS>NVC>INTERVIEW > 221 (G) , now, why did he file for the I-129F since this petition concerns the fiance visa?? Please review the above photos to see what i'm talking about.

Thanks MIBEN for your input, i appreciate your help, i really do.

[MIBEN 83]

We have an immigration lawyer, he took care of filing our petition, but, until recently, i noticed that he filed I-130 and I-129F YOU SHOULD KNOW THAT WE JUST GOT MARRIED IN MOROCCO. ~~NO ENGAGEMENT TOOK PLACE BEFORE MARRIAGE~ bottom line: we got married here in Morocco > my wife went back to the US > hired the lawyer > the lawyer did his work > USICS>NVC>INTERVIEW > 221 (G) , now, why did he file for the I-129F since this petition concerns the fiance visa?? Please review the above photos to see what i'm talking about.

Thanks MIBEN for your input, i appreciate your help, i really do.

Actually for a while the State department website stated that personnel petitioning for their spouse had to also submit the I-129f form for a K-3 visa which would allow the spouse to travel to the US while you waited for the interview and green card. Problem is they never expedite the K-3 rather they approve both at the same time then close out the K-3. It is pretty much a waste of effort and money they never get approved but this did not make any difference to the outcome of your case. The case number you want to track is the I-130.

[Penguin_ie 5,986]

The I-129F is also used for the K3 spousal visa, which is outdated/ obsolete.

[SarAyouBliss 38]

The I-129F is also used for the K3 spousal visa, which is outdated/ obsolete.

2 weeks ago, a couple from MENA got their K-3 visa, i don't understand what do you mean by Obsolete, would you mind clarify to me because i have a feeling that we wasted many many months waiting for the I-129F to be approved??

[Penguin_ie 5,986]

Almost all the time, the K3 gets administratively closed at NVC stage. Even when that does not happen, it is no faster than the CR-1 these days (the K3 was originally created because the CR-1 used to take several years), and the CR-1 is the superior visa, as it leads to an immediate greencard (ability to travel and work) and is cheaper in the long run.

[SarAyouBliss 38]

Actually for a while the State department website stated that personnel petitioning for their spouse had to also submit the I-129f form for a K-3 visa which would allow the spouse to travel to the US while you waited for the interview and green card. Problem is they never expedite the K-3 rather they approve both at the same time then close out the K-3. It is pretty much a waste of effort and money they never get approved but this did not make any difference to the outcome of your case. The case number you want to track is the I-130.

I know that i gain nothing asking these questions, i know i'm supposed to prepare for what's coming, but i just want to discover if there was any mistake done at the level of filing the petition which was supposed to be the I-130 for the CR-1, and caused us to unnecessarily wait extra couple of months?

2 weeks ago, a couple from MENA got their K-3 visa

[SarAyouBliss 38]

Almost all the time, the K3 gets administratively closed at NVC stage. Even when that does not happen, it is no faster than the CR-1 these days (the K3 was originally created because the CR-1 used to take several years), and the CR-1 is the superior visa, as it leads to an immediate greencard (ability to travel and work) and is cheaper in the long run.

Believe me, I & My wife wished to get together in person ASAP, that was our purpose, and we emphasized it very well to our LAWYER, we weren't interested in obtaining a green-card, that would be taken care gradually while being in person, we also would not have worried about the funds to pay for a type of visa that would gather us together, rather than putting a GC priority than being in person. it was supposed to be the K-3 for us, we filed on Feb 2011, and from what i heard, the K-3 became useless until 2012, what' done is done. My last question is, is there any official source where we can find authorized, high rated immigration lawyers specifically in northern California? thank you Penguin_ie

[MIBEN 83]

Your lawyer filled the correct forms and no the processing of the K-3 did not delay nor change the outcome of the case. It was done to try to get you to your spouse while you waited for the immigration visa thus the green card. I know it is tough but know we all are praying that those on the visa journey have success.

[SarAyouBliss 38]

Your lawyer filled the correct forms and no the processing of the K-3 did not delay nor change the outcome of the case. It was done to try to get you to your spouse while you waited for the immigration visa thus the green card. I know it is tough but know we all are praying that those on the visa journey have success.

I never knew of the possibility to file I-129F & I-130 at once, I can see what our lawyer tried to do, believe me, due to the unbearable separation of Me & My wife, i was almost gonna make an entry for the Diversity Visa program last week, i checked the instructions, it allows individuals who are already registered for an immigration visa to apply, a hope that if a bad scenario of long term delay of my CR-1 occurs then if lucky i can join my wife through the Diversity Visa next summer ofcourse with our co-sponsor sponsoring me, but i thought that would make no sense to the consulate (CO) and possibility to have a judgement that this guy (me) is seeking the USA not his wife, a red flag we don't need, right? lol

MIBEN, thanks again, have a good time.

[rade2rising 205]

looks difficult good luck dear

[Jaguarete 0]

I'm sorry I can't help you out with your visa issue, I just wanted to point out that your names are still visible on page 2 of the second RFE. You might want to take care of that.

I hope you'll figure out how to solve your problem so that you and your wife can be together soon. Good luck!

[Penguin_ie 5,986]

Filing for the K3 at most delayed your case a few weeks, and it will not have a negative effects/ cause a denial, so no need to worry.

There is no "official list of good lawyers". You can ask around here or ask friends and family who had immigration cases- and look at the Better Business Bureau, Yellow Pages etc for reviews. Keep in mind immigration is federal law so the lawyer really doesn;t need to live close to you, it can all be done over email/ phone.

You could have entered the DV lottery, it has no negative effect on the spousal visa, but it is closed now. It would also take a lot longer than next summer- if you won in this round, you'd be notified in May 2013, have an interview sometime very late in 2013 or in 2014 and be in the USA by the end of 2014. Hopefully your spousal visa will get you to the USA a lot earlier than that!

[Cathi 5,624]

We have an immigration lawyer, he took care of filing our petition, but, until recently, i noticed that he filed I-130 and I-129F YOU SHOULD KNOW THAT WE JUST GOT MARRIED IN MOROCCO. ~~NO ENGAGEMENT TOOK PLACE BEFORE MARRIAGE~ bottom line: we got married here in Morocco > my wife went back to the US > hired the lawyer > the lawyer did his work > USICS>NVC>INTERVIEW > 221 (G) , now, why did he file for the I-129F since this petition concerns the fiance visa?? Please review the above photos to see what i'm talking about.

Thanks MIBEN for your input, i appreciate your help, i really do.

the i 129f was for a k3 visa, to get you here sooner(the k3 is obselete)not the k1 fiance visa. You really need to do your research and educate yourself. Your wife needs to be involved in this, she is the US citizen. What's done is done, there is no sense trying to figure out what happened when the original petition was filed, you need to concentrate on the NOID or NOIR. Your wife really really needs to be here to ask people for help. read this guilde and it will explain why an i129f was sent...seriously get your wife here and study the guides http://www.visajourney.com/content/k3guide

Edited November 5, 2012 by mimolicious