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

[dwheels76 5,459]

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.

Good information. Thank you Ebunoluwa. You are the best.

[lala64 93]

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.

Nice I was just asking about that same thing per the article. So yes for me it is great news! am I have already begun to work with my agent to help with wedding plans and of course only corresponding via email for the wedding plans. I am also keeping all documentation from the k1 visa. 30 friends and family members sent emails to the embassy to attest to bonafide relationship. I will keep those copies of the emails and load those into my petition as well. My plan is to visit marry and visit every 3 months until this process is over. Initially we will only have proof of 2 visits between us but a load of phone records and chats wedding plans, wedding photos family photos etc and then several more visits by the time we get to the interview. Is the process really 2-4 years? I need to look at timelines to determine what timeframe we might fall into or at least have a general idea without all the delays of RFE and AP. I am praying for a much smoother ride than the K1 knowing what I know now I will over load the petition for CR1 and leave no stone unturned. thanks. wish me luck

[Ebunoluwa 6,136]

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.

Read my last post, I just explained it.

Unless there are other issues for reasons of denial then there is nothing to worry about. That is why I said to find out the reason for denial.

No one will file a fraud case against you because you were denied a K1, you did not read that correctly.

[Ebunoluwa 6,136]

No, the CR1 does not take 2-4 years, it takes normally 12-14 months without AP.

dwheels 76 is the one to contact about the NVC stage of the CR1 process, she has a good idea about the time table.

Edited August 18, 2015 by Ebunoluwa

[lala64 93]

Thanks to everyone who has shown me patience in explaining everything to me. I had no idea when I first started this process that It was so complicated. I surely know better now and will check, recheck and check again before I send anything to USCIS get a great understanding of the denial probably with the help of you guys again. trust me I am extremely grateful to you all!

[TBoneTX 43,057]

1. What has your Congressional/Senatorial immigration liaison said?

2. If you refile for K-1 or file for CR-1, you'd better be on the premises for that visa interview.

Going to close previous thread in favor of this one.

[Ebunoluwa 6,136]

I believe she OP has the senator on the case inquiring for a second interview. I agree she needs to fly over with more evidence if

a second interview is granted. The senator should have an answer within 2 weeks.

[TBoneTX 43,057]

Let's hope.

[Ebunoluwa 6,136]

OP, is your senator's immigration aide still trying to get you the second interview in the next few weeks ?

[Ebunoluwa 6,136]

I want to add that the controversy about the wire transfers for the next petition is embassy specific. How Kingston views it I don't know, perhaps

it was talked about in the embassy reviews.

If the USC sends a wire transfer for birthday/special event now and then, that is fine.

If the USC sends regular wire transfers monthly then some CO's view that as the beneficiary having a sugar momma/sugar daddy and not a genuine relationship.

If the beneficiary does it it looks like he is buying an immigration benefit.

Now if a couple that has been married for several years chooses to send wire transfers, then it doesn't necessarily look odd because married couples

share and co mingle finances, however fiance's who just met not so much ! There isn't a black and white answer, there are shades of grey .

I would refrain from submitting monthly wire transfers for a K1 but submit a few.

[lala64 93]

1. What has your Congressional/Senatorial immigration liaison said?

2. If you refile for K-1 or file for CR-1, you'd better be on the premises for that visa interview.

Going to close previous thread in favor of this one.

Hi

1. congressman liason said that they are searching for answers and the fact that they sent me conflicting emails is unacceptable. They have called me everyday since Friday requesting the emails I received from the embassy and said that they will call me again at the end of today to update me to hopefully understand the reason for the refusal and to recommend next steps for me and my fiancé.

2. I most certainly will.

thanks, go ahead and close as my situation changed in a matter of hours sorry for the redundancy.

[lala64 93]

I want to add that the controversy about the wire transfers for the next petition is embassy specific. How Kingston views it I don't know, perhaps

it was talked about in the embassy reviews.

If the USC sends a wire transfer for birthday/special event now and then, that is fine.

If the USC sends regular wire transfers monthly then some CO's view that as the beneficiary having a sugar momma/sugar daddy and not a genuine relationship.

If the beneficiary does it it looks like he is buying an immigration benefit.

Now if a couple that has been married for several years chooses to send wire transfers, then it doesn't necessarily look odd because married couples

share and co mingle finances, however fiance's who just met not so much ! There isn't a black and white answer, there are shades of grey .

I would refrain from submitting monthly wire transfers for a K1 but submit a few.

my monthly wire transfers to my fiancé only began in June of this year and that is what I sent and stated that it was to help with the cost of the Interview requirements. I will keep this in mind when submitting future evidence for the upcoming petition. thanks. went I visited I took birthday gifts so money transfers were not necessary, My fiancé works a lot and even still does not make much, but he has used his savings in this case to help with at least half of the cost of everything except the beginning petition fees. I feel so bad that he basically wasted his money, as did I but don't feel much of the grunt of it. We will be OK. in my world, God has the final say and that is what I will go with. it may not be now, but someday. thanks,

[lala64 93]

OP, is your senator's immigration aide still trying to get you the second interview in the next few weeks ?

I am not sure what the end goal is but yes they are working closely with me. I would hope for a second interview but more importantly then that, I need answers on what the problem was with my petition. Their offices called this morning as I mentioned on TBONE response. So if nothing else I am relieved that they are giving me updates and hope that they actually get some answers soon. They said after they find out the issue, they will recommend the best next steps for me and Rhomaine. wish us luck that it is nothing more than a CO having a bad day.

[lala64 93]

I am not sure what the end goal is but yes they are working closely with me. I would hope for a second interview but more importantly then that, I need answers on what the problem was with my petition. Their offices called this morning as I mentioned on TBONE response. So if nothing else I am relieved that they are giving me updates and hope that they actually get some answers soon. They said after they find out the issue, they will recommend the best next steps for me and Rhomaine. wish us luck that it is nothing more than a CO having a bad day.

Email from them just now:

Because this is such a timely manner, we’ve decided to directly contact the Embassy in Kingston. They should take 2 to 3 days to reply back with a status update. Once I receive the update, we can go from there. I hate to say this, but just hang tight for now!

Best,

Lilia Dashevsky

Staff Assistant

6499 S. Kings Ranch Road, #4

Gold Canyon, Arizona 85118

(202) 538-9643 cell

(480) 882-2697 main

Lilia.Dashevsky@mail.house.gov

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[usmsbow 795]

I have nothing of value to say but if I were you, I'd vote for your congressperson next year. I wish mine had such a responsive office!