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New Embassy email.. is this basically the denial stage?

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I received this new email. I did post this with the original email but am not getting the responses that I need. so please take a look the Embassy has basically said I can not submit new evidence and now sending for revocation or reaffirm. Is there any success with reaffirming. I did call UCIS and they said they would send a NOIR for me to provide whatever is missing if it can be fixed. My petition expires next month. I was told by NVC that if the petition is reaffirmed they would assign a new number and send it back to NVC and that would give me another 4 months. I have been looking up info on reaffirm and found a few that had some luck anyone else have ideas. see below email from the embassy.

Good day,

Please disregard previous mail. Checks with the Consul Officer indicate that the decision to return the case to USCIS for revocation will be upheld. The petition will therefore be returned to them. Once USCIS has received it, you will be contacted and afforded the opportunity to have the petition reaffirmed. At that time, additional proof of your relationship may be submitted.

Regards,

Immigrant Visa Unit
Embassy of the United States of America
Kingston, Jamaica

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I received this new email. I did post this with the original email but am not getting the responses that I need. so please take a look the Embassy has basically said I can not submit new evidence and now sending for revocation or reaffirm. Is there any success with reaffirming. I did call UCIS and they said they would send a NOIR for me to provide whatever is missing if it can be fixed. My petition expires next month. I was told by NVC that if the petition is reaffirmed they would assign a new number and send it back to NVC and that would give me another 4 months. I have been looking up info on reaffirm and found a few that had some luck anyone else have ideas. see below email from the embassy.

Good day,

Please disregard previous mail. Checks with the Consul Officer indicate that the decision to return the case to USCIS for revocation will be upheld. The petition will therefore be returned to them. Once USCIS has received it, you will be contacted and afforded the opportunity to have the petition reaffirmed. At that time, additional proof of your relationship may be submitted.

Regards,

Immigrant Visa Unit

Embassy of the United States of America

Kingston, Jamaica

I am so sorry they pulled this on you. They got your hopes up for nothing. Continue saving emails, phone records, skype conversations, etc. Send info from the day you met until the day you send the package to USCIS.

There is a great deal of success with reaffirming. You will get a written statement telling you in detail of why the embassy didn't issue the visa. You will have 30 days to answer each objection and get the info back to USCIS.

Some people hire a lawyer and some people do the NOIR themselves. If you have the cash another trip might be in order. Does his family know about you? Do his parents agree to the marriage. Letters from them would be helpful. Also letters from other family members and friends. Also pics with his family. Letters from you both stating how you met, how long you have known each other, etc will be useful. Remember with the NOIR you only have 30 days to respond so anything you can start to put together now would be great.

I know you are both adults and it would seem that approval of his family and friends shouldn't matter but it does with the embassy. Without looking at the NOIR I can only give general advice and go by my own NOIR experience.

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I am so sorry they pulled this on you. They got your hopes up for nothing. Continue saving emails, phone records, skype conversations, etc. Send info from the day you met until the day you send the package to USCIS.

There is a great deal of success with reaffirming. You will get a written statement telling you in detail of why the embassy didn't issue the visa. You will have 30 days to answer each objection and get the info back to USCIS.

Some people hire a lawyer and some people do the NOIR themselves. If you have the cash another trip might be in order. Does his family know about you? Do his parents agree to the marriage. Letters from them would be helpful. Also letters from other family members and friends. Also pics with his family. Letters from you both stating how you met, how long you have known each other, etc will be useful. Remember with the NOIR you only have 30 days to respond so anything you can start to put together now would be great.

I know you are both adults and it would seem that approval of his family and friends shouldn't matter but it does with the embassy. Without looking at the NOIR I can only give general advice and go by my own NOIR experience.

We are talking a K1 here and the odds of a NOR or reaffirming is very remote at best. you will be sent back to California where they will let your petition expire.

So you can wait around and hope for the best or decide what your next move is.

Let me let our resident expert chime in on this. Really sorry thought tat first email was good news.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-December-2018/
Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

 

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I am so sorry they pulled this on you. They got your hopes up for nothing. Continue saving emails, phone records, skype conversations, etc. Send info from the day you met until the day you send the package to USCIS.

There is a great deal of success with reaffirming. You will get a written statement telling you in detail of why the embassy didn't issue the visa. You will have 30 days to answer each objection and get the info back to USCIS.

Some people hire a lawyer and some people do the NOIR themselves. If you have the cash another trip might be in order. Does his family know about you? Do his parents agree to the marriage. Letters from them would be helpful. Also letters from other family members and friends. Also pics with his family. Letters from you both stating how you met, how long you have known each other, etc will be useful. Remember with the NOIR you only have 30 days to respond so anything you can start to put together now would be great.

I know you are both adults and it would seem that approval of his family and friends shouldn't matter but it does with the embassy. Without looking at the NOIR I can only give general advice and go by my own NOIR experience.

OP have a K1 case and K1's aren't reaffirmed.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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The last reaffirmed K1 going through Vermont was about 5 years ago. CSC does NOT reaffirm K1's.

USCIS allows returned I-129F petitions to purposely expire.

Options: refile a K1 or go with a CR1.

Find specific reason for refusal before filing again.

Use FOIA and senator / congressman to inquire reason if unknown.

Make a formal complaint through senator about the everyday outrageous habit of the consulates misleading petitioners and beneficiaries about

returned petitions for K1's being returned for review. There is no review for K1's. Period.
This causes confusion and a waste of time and this BS needs to change. I find it unbelievable that there is such a disconnect between
USCIS and DOS on the actual process for returned K1's and the misinformation being told to the petitioner/beneficiary.

Somebody show me one K1 that was reaffirmed recently and I will get off my soap box.
Research attorney Marc Ellis and the reason why K1's aren't reaffirmed anymore.

Returned CR/IR's do have a second chance for a rebuttal with a NOID/NOIR letter request but not K1's.

Perhaps some day they will again be reviewed and reaffirmed, make some noise. Not happening now or in the near future.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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I am so sorry they pulled this on you. They got your hopes up for nothing. Continue saving emails, phone records, skype conversations, etc. Send info from the day you met until the day you send the package to USCIS.

There is a great deal of success with reaffirming. You will get a written statement telling you in detail of why the embassy didn't issue the visa. You will have 30 days to answer each objection and get the info back to USCIS.

Some people hire a lawyer and some people do the NOIR themselves. If you have the cash another trip might be in order. Does his family know about you? Do his parents agree to the marriage. Letters from them would be helpful. Also letters from other family members and friends. Also pics with his family. Letters from you both stating how you met, how long you have known each other, etc will be useful. Remember with the NOIR you only have 30 days to respond so anything you can start to put together now would be great.

I know you are both adults and it would seem that approval of his family and friends shouldn't matter but it does with the embassy. Without looking at the NOIR I can only give general advice and go by my own NOIR experience.

I am hearing the the NOIR does not apply to K1 visa is this true or will I get a chance to respond with the K1 as well we have support from both families and I am planning a trip in OCT

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Thanks for explaining it so well Ebunoluwa. I think it confuses a lot of people. The misinformation given by the embassies and DOS is very unfortunate and unnecessary!

Thanks for explaining it so well Ebunoluwa. I think it confuses a lot of people. The misinformation given by the embassies and DOS is very unfortunate and unnecessary!

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Yes thank you. My congressman is involved. I am afraid of retaliation from the embassy if I raise too much hell and start complaining. I do need to go through them again at some point but glad my congressman has eyes on it at least and I will get them involved again once we reach our second interview whenever that is. What is the timeframe on CR1 petitions, I see some lasting up to 3 years is that accurate for Jamaica? SMH :crying:

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I am hearing the the NOIR does not apply to K1 visa is this true or will I get a chance to respond with the K1 as well we have support from both families and I am planning a trip in OCT

Almost all K-1's are allowed to expire without a NOIR. Still if you file another K-1 or decide to get married send with your application most of the items I talked about including the letters from both of you.

Because the embassy had said you would get a NOIR I gave you advice based on that, Take your time and don't rush to get married. I know a couple who's K-1 was sent back to the embassy by USCIS for another interview.

If you need further help you can PM me or email me. Look under my profile.

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Strange! where did my post go? I responded to this post

it was not libelous or rude just informative & helpful...hmm

this is my 2nd missing post, or am I missing something

I got an error script msg on my PC ????don't know if that's it.

OP gather all your docs to be prepared for later, do not

send too many money transfer papers except Bdays, holidays

etc that could send a wrong msg if its too many

Edited by Jawaree

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Wonder whatever happened to this class action lawsuit. If it was successful, it's not being honored.

I have talked with the attorney Brent Renison before and he needed more class action participants from the state of Oregon.

The way the article is written up is not entirely correct.

It used to be that USCIS would deny returned K1's and the hard marker P6c1 would come into play as fraud/misrepresentation.

That resulted in a law suit about a decade ago. Marc Ellis wrote several articles on it.

The result of that law suit (not the one mentioned here in the previous post) then caused the change by USCIS to expire the K1's and not deny them.

That is good in a way because petitioners no longer have to deal with hard marker P6c1 but can just re file but it is bad of course because

we still don't get a review and reaffirmation. The correct lingo is : CO can't deny a petition but refuse the visa. USCIS does not deny returned

K1's but purposely expires them so petitioner can file again 'without prejudice' (without the P6c1).

In a nutshell, again, OP don't waste your time waiting, marry and file a CR1 or take a chance on filing a second K1.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Strange! where did my post go? I responded to this post

it was not libelous or rude just informative & helpful...hmm

this is my 2nd missing post, or am I missing something

I got an error script msg on my PC ????don't know if that's it.

OP gather all your docs to be prepared for later, do not

send too many money transfer papers except Bdays, holidays

etc that could send a wrong msg if its too many

Got it. I am also reading that by my petition being refused that they will file a fraud case against us which will prevent us from refilling or not being able to file for CR! is this the case? I am actually starting to plan my wedding in Jamaica with the help of my travel agent but do not want to waste the money to file if it will only be denied again.

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