sherryandyashpal

I re-filed the new I-129F right away. As long as you know what the consulate's issue was and you can correct it with the new petition (for example front load with evidence of relationship) you will be fine.

It typically takes months for the petition to be received back. Often on the I-129Fs they don't even review them, just send you a notice that it's expired and you can now refile. In my case USCIS claims they never received it, even after more than 10 months. At least now I got my new petition approved and we are currently at NVC.

Nothing wrong with filing again without waiting for them to review the first petition. Just be SURE you respond to any Notice of Intent to Revoke on the first petition if they do send you one - otherwise you can automatically be flagged with misrepresentation. They may also just use the information from the embassy on the first petition to send you an RFE or Notice of Intent to Deny on the second petiton - of course be sure to respond to those, too.

Also remember this will technically be your 2nd petition (at least) in 2 years so IMBRA applies and you may need to request a multiple petition waiver.

So you did not wait until you had a notice from the USCIS to tell you they had received your application back? I mean we dont want to but our lawyer said we should. I mean but our application has already expired so ther is no point to wait right? I appreciate your reply very much!!!

Sherry

any idea how long it takes the NVC/USCIS to get the returned petition? We have decided to refile again since getting married in india would mean I have to move there for 30 days and right now I cant (although if this fails I will have no other choice) We really want to get going again and I heard that even though or application has expired as of 8/25/2011, we still have to wait for final word from USCIS. any thing you can add will help. And if u know an easier way for us to get married outside india so we can do the CR-1 that would be amazing!!!

Sherry

Ok to make a long story short my fiance was denied unfairly for k-1 visa ( this is because the CO was having a bad day, he denied 4 pther people same morning.) anyhow.. we have talked to senators and wrote more emails and faxed mor fases than anything..and so far there is no word and now our application expired. Yet we have not heard anything. Now we are looking into marriage in new delhi and to file cr-1 once we get confirmation that our case has no more hope. So here is where the questions start, we want to do a civil ceremony non religious and just wanted to know if anyone else has done it here? and do we need witnesses and if so how many? anything else you can tell would help like how long did it take to get the marriage certificate afterwards? Thank you guys!!!

Sherry

Yup, we had a civil ceremony. Took less time than opening a bank account. I am not a big fan of big traditional Indian weddings with all the hoopla. Because we belong to different religions, we got married under the Special Marriage Act and the notice of intending marriage has to be served 30 days before the wedding. My dad, my mom and my uncle served as the three witness along with 40 people crammed into our tiny living room.

thank you everybody!!! we were denied the k1 , ( long story and an very unfair one i am currently trying to fight the decision with my senators office and lawyer) but if all else fails we are going to get married and do the CR-1, I appreciate the help!!!

Sherry

When you say non-religious, do you mean something like civil marriage?

Then yes you can do it, as Navy K said you need to send your application 30 days in advance and if either one is divorced then supporting document that show that both the parties are eligible to be married.

The form requires signature of your spouse, your spouse does not have to be physically present when submitting the application.

I had sent the forms to my wife in US, she signed and sent it back with her pictures. I had not told them in advance who the witnesses were going to be. You only need 3 witnesses we had more than that, but we let her parents experience the thing in India….lol.

Just make sure the witnesses you take with you have their pictures ready too as they need that, I had used the local lawyer so he can push things in the registrar’s office rather than me following up the things.

yes thats exactly what i mean and I appreciate your input!!

I am just wondering if its possible to do a non- religious wedding in india and has anyone done this before?

Just wondering how many of you did the k-1 before deciding to do the CR-1? I'm considering this option versus refiling.

I'm nor sure what to do, my fiance had his interview at the Embassy and was denied because the CO didnt believe our relationship was bonafide. He asked him about how we met and about my father ( who i have no ties to ) and did not look at any paperwork and did not allow my fiance to explain anything fully before denyinghim, He said he gave Yash back everything and a denial letter that states our case is goingback to NVC. My lawyer is of no help at this point. I dont know what to do... I have a few suggestions to write the state dept and my senators... but is there more I can do? Any tips are helpful..I could not go due to work constraints... I think that would have helped greatly.. I can definitely go if we can only get a 2nd chance..

Thanks,

Sherry

*** PLEASE GIVE ME SOME ADVICE****

hi my fiance is in haryana, india and his birth certificate is not available so we were directed by our lawyer to get affidavit from his parents and get it notarized and use that and the form stating his birth certificate was not on file to use. So far so good, he has his interview in 2 weeks and we just read on the new delhi webssite that the affidavit has to be notarized by a first class magistrate, the person he got it done by is qualified and registered to do notarizing, but is there a difference? He has gone to the courts and asked around everywhere and no one even knows what that is.. anyone have any experience? i figure we never would have gotten this far if the notary we used was no good? HELP!!!!!

thank you!!!

Sherry

I am so happy right now.. just as my fiance and I were feeling depressed we get a emailed pkt 4 and I could not be happier!!! thank you for listening

Sherry

I am so happy yash and i were just talking abt how frustrated we were that the New Delhi Embassy has no info for us when we emailed and today we got an email had all forms attached I just want to make sure thats actually possible.. and can he fill out the ds230 and scan it in and email it too or they want the original mailed? Help!!! thanks everyone!!

My generic timeline;)

12/13/10 129f filed

12/23/10 NOA1

4/26/11 NOA2

5/24/11 NVC recd

6/2/11 sent to New Delhi

6/16/11 packet 3 in email recd

There's a tab at the top of the website that says "Embassy Info" and it has reviews other members post about each other embassy! I know nothing of New Dehli, but thought that may be a help for you and your's... read all other people's experiences, etc.

yeah I saw that I kinda thought maye others had more info.. thansk for the reply!

my fiance and I have gotten a notice on 6/2/2011 that the K-1 application was fwd to the New Delhi embassy from NVC. I called them and emailed them and so far they have no information. I heard from our lawyer that they should have it by now. Any insight thank you!!!!

Sherry