Refused--Application returned for review

[prindell 8]

I, the USC petitioner, came to the Philippines to be with my fiancée and her son for their interview on November 30 (2015). The interviewer stated that we have a rock-solid case, but had no choice but to refuse the visa and return the case to DOS for review, because I was remiss in including an additional page to list all my previous marriages. I only listed the last two, (the space provided on the form), with the understanding that they ask, only to determine that I am free to marry. In my thinking, the most recent divorce documents would suffice for that purpose, but I included the last two, since the form allowed for it. I didn't think it was necessary to disclose all prior marriages/divorces.

There was no intent to misrepresent as marriages/divorces are public record and when asked during the interview how many times I was married before, I answered honestly and provided the legal dissolution of marriage documents for all prior marriages. The "NOLO" how-to book I was utilizing did not say to add an additional page if more than two prior marriages and further explained the reason they ask for prior marriages is to determine that I am currently free to marry, thus my inaccurate understanding. Anyway...

The Interviewer instructed us to contact the Texas Service Center (where our application was originally processed) for further information/instructions.

I am at a loss of how to do that, when and what to ask. I'm also concerned that our previous "approved" status will expire during the review.

To add to the challenge, I can not (for financial and personal reasons) return to the USA until the K-1 process is completed. I fear that I won't receive pertinent information, RFE's etc. if mailed to my US address--will they always send a duplicate correspondence by email too (as that is currently they only method I can be contacted).

We are grateful that we are together while we await, but we don't know how to proceed. We have a wedding planned for February 14, 2016.... do we postpone it or maintain it in hopes that all will be resolved and a visa approved in short order?

How long do AP's typically take for matters such as this? I assume the consulate will add a note to the application that all information was provided during the interview?

Should I be pro=active and submit the additional page with the information on the other previous marriages or wait until I receive a request, if any?

Thanks, in advance, for any assistance and guidance provided.

[Pitaya 2,576]

~Moved from K1 Process to K1 Progress Forum~

~Inquiry about case status~

[Alaska2012 462]

When a K1 is returned it's basically dead.

If they only wanted additional paperwork they wouldn't send the case back they would just let you send in the missing documents.

[js030802 6]

sorry that you are in this predicament. my understanding with regards to this case is that once the embassy returns file to USCIS is that USCIS will just allow your file/approval to expire without reviewing it. you can always exhaust everything that you can do like proactively calling USCIS and inquire about your next move but no guarantees. i have read in this website before that most often than not once USCIS receives your file back from the embassy is that they will not review your file and just let it expire. unfortunate but i think it's true. i suggest postponing your marriage plan for february since 3 months may not be enough to get issued a visa if and when USCIS reviews your file, reaffirm the approval and send it back to the embassy. my other suggestion is to refile the k-1 application and this time provide everything that they need. with that good luck and hoping for a positive result the next go round.

[KayDeeCee 4,891]

Best to follow the USCIS form instructions over some site like NOLO. The instructions tell you what to do if more space is needed. They also tell you that all prior divorce decrees must be provided. The petition should have never been approved to begin with. The CO was correct is finding that it was approved erroneously.

You will most likely need to refile for the K-1 once the USCIS lets it expire. You will need to change your wedding plans. You could also check into what would be needed to marry there and file for spousal visa through DCF.

From the I-129F instructions>

How To Fill Out Form I-129F

1. Type or print legibly in black ink.

2. If extra space is needed to complete any item, attach a continuation sheet, write your name and Alien Registration
Number (A-Number) (if any), at the top of each sheet of paper, indicate the Part and Item Number to which your
answer refers, and date and sign each sheet.

...

7. If Filing for Your Fiancé(e) (K-1), What Documents Do you Need to Prove That Your Fiancé(e) Is Eligible for
K-1 Classification and That You Both Can Legally Marry?

a. If either of you was married before, submit evidence that all prior marriages have been terminated. Evidence of
termination of prior marriages may include a divorce decree, or an annulment or a death certificate issued by a
competent civil authority.

[Anh map 2,098]

This is not AP. Your "approved" status is over. Now it's back to square 1. As the CO informed you, contact the Texas Svc. Center to learn what, if anything, you can do to get the K1 petition approved again.

If it's going to take a while I'd suggest marrying in the PI and filing the spousal visa there.

Edited December 8, 2015 by Anh map

[prindell 8]

Thanks for the reply. True, this is not a 221g situation, but the consulate interviewer mentioned it could take up to 90 days. It seems he is expecting decisive action will be taken... Or was he just trying to let us down easy?

[NigeriaorBust 4,087]

returned K1's by current policy are declared expired and dead. You are back at square one. New K1 or marry and CR1

[prindell 8]

Thanks for the empathy, it is genuinely appreciated. I will try calling the NCSC shortly to attempt to get more information or guidance. It should an interesting exercise from a cellphone in the Philippines. Would it be quicker to apply for a spousal visa or another attempt at a K-1 visa?

[prindell 8]

Best to follow the USCIS form instructions over some site like NOLO.

---------

One would think a "how to" legal guide written by a team of immigration lawyers would serve to clarify the process, not add confusion and mislead. Live and learn, i guess?

[Hank_ 9,173]

I, the USC petitioner, came to the Philippines to be with my fiancée and her son for their interview on November 30 (2015). The interviewer stated that we have a rock-solid case, but had no choice but to refuse the visa and return the case to DOS for review, because I was remiss in including an additional page to list all my previous marriages. I only listed the last two, (the space provided on the form), with the understanding that they ask, only to determine that I am free to marry. In my thinking, the most recent divorce documents would suffice for that purpose, but I included the last two, since the form allowed for it. I didn't think it was necessary to disclose all prior marriages/divorces.

There was no intent to misrepresent as marriages/divorces are public record and when asked during the interview how many times I was married before, I answered honestly and provided the legal dissolution of marriage documents for all prior marriages. The "NOLO" how-to book I was utilizing did not say to add an additional page if more than two prior marriages and further explained the reason they ask for prior marriages is to determine that I am currently free to marry, thus my inaccurate understanding. Anyway...

The Interviewer instructed us to contact the Texas Service Center (where our application was originally processed) for further information/instructions.

I am at a loss of how to do that, when and what to ask. I'm also concerned that our previous "approved" status will expire during the review.

To add to the challenge, I can not (for financial and personal reasons) return to the USA until the K-1 process is completed. I fear that I won't receive pertinent information, RFE's etc. if mailed to my US address--will they always send a duplicate correspondence by email too (as that is currently they only method I can be contacted).

We are grateful that we are together while we await, but we don't know how to proceed. We have a wedding planned for February 14, 2016.... do we postpone it or maintain it in hopes that all will be resolved and a visa approved in short order?

How long do AP's typically take for matters such as this? I assume the consulate will add a note to the application that all information was provided during the interview?

Should I be pro=active and submit the additional page with the information on the other previous marriages or wait until I receive a request, if any?

Thanks, in advance, for any assistance and guidance provided.

Sorry to say you screwed the pooch by not listing all previous marriages and including copies of all divorce decrees or death certificates for each. http://www.uscis.gov/i-129f (use additional pages as necessary).

You have no approved status anymore (you can fly now), petition was returned to USCIS. It is do over time. Yes you could wait to hear from USCIS, but it would be easier/faster to notify USCIS to withdraw that petition and start over.

Thanks for the reply. True, this is not a 221g situation, but the consulate interviewer mentioned it could take up to 90 days. It seems he is expecting decisive action will be taken... Or was he just trying to let us down easy?

Your case was a refusal, you failed to disclose ALL past marriages during the petition process, your petition is toast as it stands.

Thanks for the empathy, it is genuinely appreciated. I will try calling the NCSC shortly to attempt to get more information or guidance. It should an interesting exercise from a cellphone in the Philippines. Would it be quicker to apply for a spousal visa or another attempt at a K-1 visa?

Which is better, K-1 or CR-1 time frame wise? K-1 is faster.

IF.. if you have lived in the Phils for 6 months and got married during that time you could do the CR-1 process with a DCF (Direct Consulate Filing) that process takes about 60 days once you have the necessary marriage documents.

Best to follow the USCIS form instructions over some site like NOLO.

---------

One would think a "how to" legal guide written by a team of immigration lawyers would serve to clarify the process, not add confusion and mislead. Live and learn, i guess?

From watching processes over the years on this forum, if you want something screwed up - use a lawyer. Lawyers for the most part seem to be clueless about the actual visa process... they make as many mistakes as a novice going on his own. I personally would add that book you bought to the - DO NOT READ LIST

Edited December 8, 2015 by Hank_

[prindell 8]

This is not AP. Your "approved" status is over. Now it's back to square 1. As the CO informed you, contact the Texas Svc. Center to learn what, if anything, you can do to get the K1 petition approved again.

If it's going to take a while I'd suggest marrying in the PI and filing the spousal visa there.

When I check the status on the CEAC site it returns two reports, one for the refused status and another stating administrative processing. Is this just a standard entry that means nothing or is there hope the case is actually being reviewed and an updated determination will be provided eventually?

If i marry here, can I file a spousal visa application from here as well? And do I do that through the US Embassy?

Edited December 8, 2015 by prindell

[Hank_ 9,173]

When I check the status on the CEAC site it returns two reports, one for the refused status and another stating administrative processing. Is this just a standard entry that means nothing or is there hope the case is actually being reviewed and an updated determination will be provided eventually?

If i marry here, can I file a spousal visa application from here as well? And do I do that through the US Embassy?

The visa application was refused. The petition was returned to USCIS.. that is the AP part.

Yes you can file a spousal visa from the Philippines, but one requirement is having resided in the Phils for 6 months or more, then you can do a DCF which are very quick. Most of the 6 months would be used waiting for your marriage certificate to be recorded with PSA, this can take upwards of 4 months.

Edited December 8, 2015 by Hank_

[prindell 8]

How do I contact the Texas Service Center directly? I find info to first contact NCSC then after 30 days I can email to TSC to follow-up, (with 21 days wait for reply), but i can not find any other way to contact TSC otherwise. Does a method exist?

[prindell 8]

returned K1's by current policy are declared expired and dead. You are back at square one. New K1 or marry and CR1

Thank you.