K1 visa petition returned to USCIS

[echo86 0]

The whole process was going smooth up until the medical examination. My fiance went to Bumrungrad hospital in Bangkok at the end of February. The doctor said there was "a spot on her lung" and told her she needed to come back for further testing. The next day my fiance went to the embassy for her interview. Interview went fine but she didn't get her visa because of the medical delay. The Thai embassy said that was fine, just send medical results when finished. When my fiance called to set up her doctor appointment, she wasn't able to get in for 1 whole month. I thought this was weird. Then she had to do sputum testing for the next week, then she had to wait another week for results. By then I had a bad feeling. I checked case status and it said "returned to NVC" and that's what it's said up until now. I call NVC and they say they sent it to USCIS. I call USCIS and they say they haven't received anything and to call the NVC. Back and forth. I haven't received any NOIR. I have also had USCIS do 2 service requests which I waited a 2 months for. NOTHING. No explanation or anything. Please help.

[echo86 0]

One more little detail. Like 3 months ago I received a letter from "California service center" saying that my petition was returned and the validity period expired so I would have to start over. USCIS said this was incorrect and I should have received a NOIR or something. That letter contained no explanation as to why my petition was returned or anything.

[teeak 224]

Have you tried making an Infopass appointment and talking to someone from USCIS?

You can file a request with the ombudsman if you have been getting no where with USCIS: http://www.dhs.gov/case-assistance

Also, try reaching out to your state senator's office. They can try and get more information on the case for you and try and track down where your petition is now.

[echo86 0]

Thank you I will try that.

[TBoneTX 43,038]

*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***

[TBoneTX 43,038]

Clarification to a recommendation above: contact one of your two U.S. Senators, not a "state senator."

OP, did you or your fiancee ever notify the embassy about the medical delays? The embassy might have assumed that the long delay signified abandonment of the petition. Try contacting the embassy to see if they have any pull in bringing the existing petition back.

[echo86 0]

I have an update on our visa petition. After the petition was returned to the California Service Center, they closed the petition without informing me or my fiance. (I am the petitioner.) They gave no explanation as to why they closed it or anything. The status remained "Returned to NVC". So I kept calling USCIS and NVC to find out what was going on. They kept sending "status inquiries." Unfortunately, these inquiries came back without any new information. So eventually I got tired of waiting and filed a whole new k1 petition. Wouldn't you know? Miraculously I received this letter from USCIS.

RESPONSE TO AN INTENT TO DENY

Government Motion to Reopen/Reconsider

You filed this I-129F petition on October, 17, 2014. The petition was approved on November 6, 2014 and forwarded to the Department of State. It was later discovered that you have multiple arrests. The I-129F requires that petitioners disclose convictions for any IMBRA specific crimes including domestic violence. The petition was returned to USCIS and terminated without addressing this issue.

It appears that the termination of this petition was not correct. Therefore, in accordance with 8 C.F.R. 103.5(a)(5)(ii), the previous decision is vacated and the petition is reopened or reconsidered for review. However, additional information concerning the IMBRA requirement is required.

It is noted that your arrest history includes two charges of simple assault. In North Dakota, a simple assault conviction can result where the victim is a family or household member. Other charges include criminal trespass, disorderly conduct and criminal mischief. The circumstances that lead to these charges are not known.

As these charges may have IMBRA implications, it is necessary for you to provide a statement explaining the circumstances of your arrests. The statement must also address whether any of the victims where family or household members or enjoyed other domestic relationship.

Since the petition may be denied based on the preceding information, you will be afforded thirty (30) days from the date of this letter to submit the requested evidence. After reviewing any evidence submitted, USCIS will make a final decision. Failure to respond to this notice within the prescribed period will result in the denial of the petition.

Kathy A. Baran

Director, California Service Center

So the reason I didn't mention my criminal history in my original petition, is because none of my charges were for domestic violence. So now it is my understanding that what I decide to write down on paper is going to make or break this petition. :cry:
I just have a few questions if someone doesn't mind answering that would be much appreciated.

1. Should I get really detailed with my convictions or should I just give the basics or somewhere in between?

2. Should I list ALL my convictions or just the ones mentioned in the NOID?

3. Do I need to do anything about the second k1 petition that I filed? ( They reopened the original)

4. Should I send any documents ( police reports, etc.)?

5. If they deny our petition then what is the best route to take?

Thanks in advance to anyone that takes the time to read all of this. Super stressed at the moment. Hopefully I included all helpful information.

[p1nkmamba 18]

Uffda (another North Dakotan here). Were family members involved? The reason I ask is because a lot of domestic violence incidents are charged as simple assaults in ND; whereas some states do have separate domestic violence charges.

Edited November 28, 2015 by p1nkmamba

[echo86 0]

Yes there were 2 incidents where family members where involved.

1. Back when I was 18 and homeless, I went into my grandma's house and fell asleep without asking her. But there wasn't anything violent about it. I ended up with misdemeanor criminal trespass for that.

2. I got in a arguement with my uncle in the Wendy's parking lot. He claims in the police report that I punched him but I didn't. I received a disorderly conduct for that.

[p1nkmamba 18]

Do you have those plus your two simple assaults? Here is the ND Century code that they are relying on. 2b on the first page.

Ask a mod to move this to the IMBRA forum. You may have better luck there.

[echo86 0]

Yeah, I have those plus the simple assaults. But the simple assaults don't involve family or household members at all.

[TBoneTX 43,038]

Thread moved from K-1 Case Progress to IMBRA subforum.

[EricAndOrn 30]

Yeah, I have those plus the simple assaults. But the simple assaults don't involve family or household members at all.

As I understand it, IMBRA required disclosure of domestic violence to the K-1 beneficiary during the interview, so he/she can decide if she want to continue with the visa application.

From you denial letter, it seems USCIS can not tell if it was a domestic violence charge or not, since apparently in ND there is not separate statute for it.

If I were you, I would try to obtain police reports for those arrests as these can serve as primary evidence, any additional statement from you would only be secondary.

I don't believe this will stop you from continuing with your visa, the government must know what arrests, if any, they must inform your fiancee about.

Most importantly, do reply within the timeframe stated in the letter, even if you don't have sufficient evidence. That will reset the clock if they need more evidence. Otherwise they will close the file.

Good luck...

P.S. Also filed for Thailand two weeks ago

Eric

Edited November 29, 2015 by EricAndOrn

[EricAndOrn 30]

1. Should I get really detailed with my convictions or should I just give the basics or somewhere in between?

2. Should I list ALL my convictions or just the ones mentioned in the NOID?

3. Do I need to do anything about the second k1 petition that I filed? ( They reopened the original)

4. Should I send any documents ( police reports, etc.)?

5. If they deny our petition then what is the best route to take?

Thanks in advance to anyone that takes the time to read all of this. Super stressed at the moment. Hopefully I included all helpful information.

1. I would not get too detailed, if you can get police reports, that should be enough detail. If it is not clear if it is a domestic violence matter or not, you could add those details in a statement of your own.

2. I would only send the information they requested.

3. I would request withdrawal of the new petition and request the fee be refunded as it was filed due to error on their part, as evidenced by the letter you received (include a copy)

4. see 1.

5. I don't think they will deny the petition, see my previous post.

It's ok to be worried, we all are, but honestly, I don't see this as being a showstopper, just a bump in the road.

Eric

P.S. My fiance is coming to Wyoming, she jokes that she is going to die here in the cold. 5555

Added in edit: Probably wouldn't hurt to give USCIS permission to disclose any arrest to your fiancee. They are required by law to reveal certain arrests and not others. They also do not want to violate your rights by disclosing arrest records that are not required. USCIS must make that determination, so you might make life easier for them if you let them make an error for your benefit, otherwise they might RFE you some more.

Edited November 29, 2015 by EricAndOrn

[echo86 0]

EricandOrn thanks for the reply and advice. I will be sending the evidence that they requested plus the police reports for the 2 simple assaults since that seems to be what they are worried about. Hopefully all goes well!