k3

[salma09 0]

Just wondering if anyone had filed a k1 then went to a k3? my K1 was denied in 2006 they told me in the intreview that they will send our case back to review it and we did not hear anything from them , we did not wait and my husband came and we got married last year 2007 , now we are waiting for the approval if there was someone from Morocco that did this, can he tell us his experience please and thank you for your help .

[YuAndDan 153]

You may need to have a lawyer deal with USCIS to overcome the notice of denial on file for the first case.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[salma09 0]

you think that it will be a problem for k3 now

[YuAndDan 153]

you think that it will be a problem for k3 now

YES there is a note of mis-representation on the K-1, the consulate will see this when reviewing the K-3 case. Misrepresentation is grounds for inadmissibility.

[salma09 0]

but my husband already called the service centre and asked them to cancel k1 and also sent them letter but he only recieved a reciept form post office that they recieved his letter but nothing for them and also when he sent our papers to the service center he sent a copy of the letter and copy of the reciept, pls don t tell me that it will be a problem , i m diying to be with my husband

[payxibka 10,044]

but my husband already called the service centre and asked them to cancel k1 and also sent them letter but he only recieved a reciept form post office that they recieved his letter but nothing for them and also when he sent our papers to the service center he sent a copy of the letter and copy of the reciept, pls don t tell me that it will be a problem , i m diying to be with my husband

I think what needs to be mentioned is on what grounds did they refuse to issue the k-1 visa? and what have you done to overcome this refusal?

[YuAndDan 153]

but my husband already called the service centre and asked them to cancel k1 and also sent them letter but he only recieved a reciept form post office that they recieved his letter but nothing for them and also when he sent our papers to the service center he sent a copy of the letter and copy of the reciept, pls don t tell me that it will be a problem , i m diying to be with my husband

You said K-1 was denied, WHO Denied it? If it went to the consulate, and was denied after a visa interview, it will be sent back to USCIS and be on file as a denied visa. There is no "Canceling" of a denied visa, it has to be addressed and the consulate decision overturned.

[salma09 0]

221g and the CO told me that they will send it to review it and for us it s deny , you don t think so because she asked me some question and i did not know the answers, what i want to know if it will be hard for us or not and thank you for your help

[salma09 0]

they sent it to review it but it was in 2006 and we did not hear anything from them ...

[payxibka 10,044]

221g and the CO told me that they will send it to review it and for us it s deny , you don t think so because she asked me some question and i did not know the answers, what i want to know if it will be hard for us or not and thank you for your help

Many things fall under the classification of 221g... can you be more specific?

[rct 0]

Just wondering if anyone had filed a k1 then went to a k3? my K1 was denied in 2006 they told me in the intreview that they will send our case back to review it and we did not hear anything from them , we did not wait and my husband came and we got married last year 2007 , now we are waiting for the approval if there was someone from Morocco that did this, can he tell us his experience please and thank you for your help .

Hello here some help we filed for the k1 in 2005 ours was returned as well took forever for them to tell us our case had exspired and finally got a letter but never any reason why our papers were returned, so we got married this last July 2007 and I came home and filed In October the K3 and now i am a waiting my reciept that my papers were recieved , which i know they were because this time I had help from The Catholic social Services they couln't help me before because we were not married but now they can so welcome to the wait agian be prepared for marriage in Morocco, it's crazy and long all the paper work make sure you have all you need we started are paperwork in June and we finally married in July if you need any more info on this I am here.

Carolyn

[salma09 0]

yes thank you , for you they sent you a letter but for us nothing and aslo i heart in VS that after one year they canceled k1 i don t know if it s true or not so in your opinion they will not make it hard for us?

Hello here some help we filed for the k1 in 2005 ours was returned as well took forever for them to tell us our case had exspired and finally got a letter but never any reason why our papers were returned, so we got married this last July 2007 and I came home and filed In October the K3 and now i am a waiting my reciept that my papers were recieved , which i know they were because this time I had help from The Catholic social Services they couln't help me before because we were not married but now they can so welcome to the wait agian be prepared for marriage in Morocco, it's crazy and long all the paper work make sure you have all you need we started are paperwork in June and we finally married in July if you need any more info on this I am here.

Carolyn

[salma09 0]

the section 221g which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the immigrations and nationality act or regulations issued thereto that what in the letter they gave me in the end of the intreview for k1

[YuAndDan 153]

the section 221g which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the immigrations and nationality act or regulations issued thereto that what in the letter they gave me in the end of the intreview for k1

Yes but on that form there should be several check boxes, which the counselor officer will check indicating their reasons to issue the NOID.

[2ond journey 0]

You may need to have a lawyer deal with USCIS to overcome the notice of denial on file for the first case.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

The way i have read this article is that IF uscis sends you a NOID letter you must just respond to it to avoid other problems that may accur. I cant see just sitting and waiting for NOID letter that may not ever come. Instead most service centers are just sending back a notice saying your k-1 has expired you may apply again at any time.

This article also mentioned that you should address the RED FLAGS in the original submission, and if it is approved by the uscis then the consulate cannot send the petition back becouse its already been approved by the service center. There have been people that have addressed those red flags like the article said and yet there petition was still sent back to the service center anyway.

As I see it if the consulate doesnt believe the relationship is real then its sent back and expires. They know you wont be able to fight it when its for a k-1 visa.

I think the couple did the right thing by getting married and starting over again. Thats just my opinion.

Also it was said that consulate denied the couples visa. I thought the embassy could only send it back to the service center for them to review it not deny it. Cant only uscis deny your petition?