member123
-
Posts
30 -
Joined
-
Last visited
Content Type
Profiles
Forums
Partners
Immigration Wiki
Guides
Immigration Forms
Times
Gallery
Store
Blogs
Posts posted by member123
-
-
Ronn63, on 28 March 2013 - 11:10 AM, said:
I'm an October 1st filer too! Bad news for me is I live in Ohio. Guess who takes care of Ohio. Ugh!!
ugh that sucks!
Hang in there, you'll get there eventually
Yes, just hang in there and enjoy for a while, then you will get there soon
-
Yesssss member123!! You made my day
))Congratulations!!!!!!!!!!!!!!!!!!!!!!
Congratss!!
Come on, we are in line to get approved from VSC now.. Wow,wowo, Oct fillers, VSC....Good luck to everyone
-
yaaayyyy
:dance: Congrats again and good luck october filers
Thank you, you might get approved next week
.. Come on and good luck to Oct fillers -
My NOA 1 was 1st Oct 2012,VSC and i got approved yesterday!!!! Come on,Oct. fillers,VSC!!! Its time for us!!!
-
The misrepresentation marker kicks in upon revocation, not when the petition is allowed to merely expire on validity.
Quote by Marc Ellis : So is the petition approval revoked when a Service Center simply notifies a petitioner that the approval has lapsed, without giving her or him a chance to respond? No. Consular Immigrant Visa Chiefs are supposed to make sure that a revocation has in fact taken place before the 212(a)(6)©(i) marker becomes a finding.
I believe from Marc's writings that if no NOIR was send then there is no ban to worry about because there are no revocation
proceedings.
Therefore I believe the OP will have a good chance to overcome the CO findings ( with solid proof of course ) the next time around without a hard P6C marker finding.
If someone ignores a NOIR and does not respond to it, only then the marker becomes a hard finding.
My response in another thread above is my answer to you also. Here is the link to the thread.
Thank you very much for your comments. Now we can enjoy for a while after long waiting and stressful time.
-
Here is a link about multiple filings. A waiver is requested under Imbra multiple filings in the form
of a letter simply requesting a waiver with a brief explanation. It is NOT the 601 waiver form that you mentioned. The multiple waiver request is submitted by the petitioner, not the beneficiary when submitting the petition to USCIS, not at the consulate.
You did not receive a NOIR letter so your old petition was just allowed to expire and you were told you can refile.
This is your petitioners third K1 filing with the current petition, so a multiple filing waiver request should have been included.
It is at the discretion of the adjudicating officer to either approve it without it or RFE or deny it.
A better route would have been to marry and file for a CR1 at this point and with strong evidence to overcome the refusal.
You said you addressed the accusations/findings of the CO in the current petition : We even attached a waiver and our statements to comment/explain about our problems on the previous K1.
What waiver did you attach ?
Thank you for the link and comments.
- My fiance filled a waiver for multiple filling limitation. We prefered to marry and file for a CR1, but he didnt have enough vacation time to wait for bunch of paperworks in my country (I was told it would take about 4-5 weeks, even longer). Its limited time, he might lose his job if he stayed so long here with me, so we tried a new k1 petition again.
- I mentioned about I 601 waiver because VSC didnt want to review our case, just let it expired, so we don’t have any chance to rebut CO’s accusations; our problems from the previous k1 petition are still recorded on their system and we still have frauds on my file or I may face with life ban. Pls. correct me if im wrong
-
Don't worry about the first k-1. I was denied my first k-1 in January 2012 for similar reasons but we went ahead and filed a second k-1 and I made it on the second try which was January 2013.
Thank you,guy. I hope my second k1 will go thru like yours
-
- Thank you for your questions:-
You did not give us any details about the reason of return or what the issues are. You said you addressed them.
CO believed that our “relationship is a sham entered into solely for immigration purpose", because I didn't know much about my finace's ex and how she was sponsored by him 10 years ago.
Waiver for what ? Was there a misrepresentation ?
Filling Limitation waiver, because my had fiance filled a k1 for his ex 10 years ago. Now he is filling for me
You said you "attached a waiver..." to your current petition but then you said "I wonder if i need to fill an I-601 waiver later .....".
I'm beneficiary. I wonder if i need to fill an I-601 waiver later on my interview, because VSC let our previous K1 petition expired and didnt want to work on it any longer, hence we don’t have any chance to rebut CO’s accusations; our problems/faults from this k1 petition are still on their system. On refusal sheet, it said: If USCIS revokes the petition, beneficiary may become ineligible for a visa under section 212(a)(6)©(i)
-
Hello,Vjers. I’m coming back this forum again
Last year, I had a k1 petition, that was returned to USCIS with recommendation to be revoked. We didn’t hear anything from USCIS about returned petition. Couple months ago, my fiancé had filled a new K1 petition, that fixed and addressed our problems we had on the previous one. We even attached a waiver and our statements to comment/explain about our problems on the previous K1. Our new k1 petition is still on “Initial review” now.
After over 9 months long waiting, couple days ago, my fiancé received a mail from USCIS:
Your petition for Alien Fiance’(s) (Form I-129F), which was approved by U.S citizenship and Immigration Services (USCIS), has been returned to this office for the following reason:
USCIS is administratively closing this petition because the original validity dates have now passed. This action is without prejudice to the filing of any future petitions or applications.
The returned petition will now be stored at this office and no further action is required
I'm little confused and scared now. VSC let our previous K1 petition expired, hence we don’t have any chance to rebut CO’s accusations; our problems from this k1 petition are still on their system. I wonder if i need to fill an I-601 waiver later in case of our new K1 petition is approved? Should I need an immigration lawyer?
Was anyone in the same journey, pls. give me more advices? It will be highly appreciated for your comments
Thank you
-
We had filled a new petition couples months ago, after long time we didnt hear any thing from USCIS. We fixed and addressed our problems on new petition, too
I'm little scared now. If VSC let our previous petition expired, then we dont have any chance to rebut.What will happend? Do i need a waiver on my next interview because our problems on previous k1 are still there on their system. Pls. help
-
Hello,VJers
Last year, I had a k1 petition, that was returned to USCIS with recommendation to be revoked.
After over 9 months long waiting, couple days ago, I got the case status on USCIS’s website as follows:
Post Decision Activity
On March 08, 2013, the previous decision made on your case was revoked and we mailed you a notice explaining the decision. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address
Today, my fiancé received the mail from USCIS:
Your petition for Alien Fiance’(s) (Form I-129F), which was approved by U.S citizenship and Immigration Services (USCIS), has been returned to this office for the following reason:
USCIS is administratively closing this petition because the original validity dates have now passed. This action is without prejudice to the filing of any future petitions or applications.
The returned petition will now be stored at this office and no further action is required
Is there anyone in the same situation? I am a little confused. Is it case closed or automatically revoked? What should I do? Do I need an immigration lawyer?
Thank you for your comments
-
Hi, VJers
10 years ago , I filled k1 petition on behalf of my ex wife. We were in married more than 5 years and divorced in 2007.
I met my girlfriend in 2010 and filled K1 for her in 2011. After her interview, my petition was sent back to USCIS to be revoked due to missing documents.
Now I want to refill another K1 for my GF, so it would be the third k1-petition I have ever filled so far
My question is : Should I need a waiver to attach along with my k1 petition? Is there any form for a waiver ?
Thank you very much for your advices
-
Sorry, I've been really busy the past few days and haven't been able to to check in. I got a couple of PM's to look at this thread.
You've already gotten some very good advice, and links to some threads containing a lot of information.
1. According to Marc Ellis, the consulate in HCMC has started including this statement on their denial letters. They are aware of the potential consequences of a denial under paragraph 6C of INA 212, and they received a lot of criticism for not giving the beneficiary a heads up about what they were facing, so they began adding that statement. The links provided earlier in this thread give some detailed information about this.
In a nutshell, the consulate has sent the petition back to USCIS with a recommendation that the approval of the petition be revoked. Their reasoning is that the relationship exists primarily for the purpose of evading immigration law, which means that (in their opinion) the beneficiary was never really eligible for a visa, and the petition should never have been approved. The beneficiary's file is flagged with a marker that Marc and other immigration lawyers refer to as a "P6C marker", because it refers to paragraph 6C of INA 212 - the section on material misrepresentation; i.e., fraud. If the approval of the K1 petition is revoked then the P6C marker becomes a finding of fact - your fiancee will be guilty of fraud in the eyes of the US government. This will make her permanently inadmissible to the United States unless you can overcome the inadmissibility with an I-601 waiver. Those waivers are hard to get, so you want to do whatever you can to avoid this happening. If you receive a notice from USCIS that they intend to revoke the approval of the K1 petition then you must respond with evidence.
2. The Vermont Service Center will probably readjudicate your returned petition. You can't stop that process. An accusation has been made against your fiancee, and they won't take any other action on that petition until a decision has been made about that accusation. You could send a letter withdrawing the petition, but they wouldn't withdraw it until they reaffirmed it. You could send another K1 petition, but that won't be approved until the first K1 petition has been closed. You could marry and file a CR1 petition. They would approve that petition, but your fiancee won't get an interview until the K1 petition is closed. If the consulate receives the CR1 petition before a decision is made on the K1 petition then they'll sit on it until the K1 petition is closed.
Most people in this situation go ahead and get married and file a CR1 petition. If you choose to do this just be aware that she's not going to get the visa until a final decision is made on the K1 petition, and be prepared to respond with a truckload of evidence if you get a Notice Of Intent to Revoke (NOIR) for the K1 petition. You want to prevent the approval of that petition from being revoked.
3. This has been covered extensively in this thread. The issues that caused the K1 visa to be denied will also be issues in getting a CR1 visa. You have to address these issues.
4. Yes, this is an issue. The consulate suspects you may be using your status as a US citizen to act as a personal immigration portal. The fact that your fiancee wasn't aware that you'd sponsored your ex-wife strongly confirms that suspicion to the consulate.
There are several issues here. Your previous K1 alerted the consular officer to the possibility that you might be hooking up with foreigners just to help them immigrate to the US.
You made only two trips to Vietnam and got engaged. How long did you stay each trip? How much time elapsed between the trips? How much time went into preparing for your engagement ceremony? Did anyone else from your family travel to Vietnam for the engagement ceremony? Was the ceremony formal, or informal? How many people attended the party afterward? The consulate tends to frown on "modern relationships" unless they're convinced they are genuine. The much prefer people who follow Vietnamese traditions, and who take those traditions seriously. They don't like to see engagement ceremonies that are put together in a hurry, that are overly informal, and that don't involve a celebration with a large number of people (typically over 100). They like to see one or more members of the petitioner's family attend the ceremony since it represents a connection between two families and not just two people.
The consulate also likes to see relationships that develop over a period of time. Nothing will set them off faster than someone who meets their Vietnamese fiancee on the internet, travels to Vietnam the following month, has a hastily arranged engagement ceremony, and files an I-129F as soon as they return to the US. The more time you invest in the relationship, and the more trips you make to see your fiancee, the more convinced they will be that the relationship is sincere. Trying to rush things at the consulate in HCMC is the kiss of death.
Here is the contact info on Marc Ellis' website:
Thank you very much for your helpful infomation , Jim. Have a nice weekend !
-
http://www.visajourney.com/forums/user/6473-ellis-island/
A waiver is only needed later down the line if the petition is revoked
Thank you very much, Scott. Have a nice day!!
-
Jim will chime in on this soon enough as he is one who is very familar with the legalities of the accusation of fraud and the P6c marker associated with it...(not first hand, but he has done the research)
here is some important reading for you-
Thank you Scot Thuy. How can i contact with Jim for his advice, pls.?
-
OP,
#1 If USCIS agrees with the label of fraud, and revokes the petition, then that is an issue... She would need a waiver to get a visa approved once the fraud has been stamped on the case.
#2. Contact Marc Ellis as he has dealt with this before... trying to save money now could cost you alot of time and heartache in the long run...
#3 Not an option at this point.. You have to ride this one out until you address the P6c...
#4 Huge red flag given that your fiance had no knowledge of it... The CO expects your future spouse to know everything about you.. including what side of the bed you sleep on and what style of underwear.. so knowing about an ex wife is HUGE...
Thank you for your comments
1. How long we got to wait for waiver?
2. Can you pls. give me info about Marc Ellis?
-
Hello,
I saw on your Time Line that you are dealing with the US Consulate in Vietnam. That explains why your case was denied because this Consulate deals with high volumes of fraud each year and they are aggressive to prevent fraud...even if it comes at the expense of innocent people.
I will let other members comment on your question 1 and 2. For question 3, try not to think ahead too much. A CR1 visa will not solve the problems you have. You need to get a sheet of paper and write down all of the red flags in your case that caused the K1 visa to be denied. For example, if the Consulate denied your K1 visa because they believe your relationship is a sham entered solely for immigration purposes, you need to provide evidence and proof that it is NOT a sham. Show them proof that your relationship is real regardless if you do another K1 or if you decide to do a CR1.
For question 4, that is a major red flag. To make matters worse, your fiancee did not know that you sponsored another girl years ago and the Consulate in Vietnam does not like this at all. There are a lot of members in this forum that were previously married and got their K1 approved so they will be able to talk you through what kinds of proof you will need to put with your new visa petition. I will send a PM to Jim (JimVaPhuong) to give you some advice. Just take a deep breath and we will try to help you with this okay?
Thank you very much. Actually, I need your help and advice from Jim too
-
she cames from Vietnam
-
Thank you! my fiancee and ex- wife are coming from different countries.
-
My fiancée got blue sheet for visa denial last month. It said “relationship is a sham entered into solely for immigration purpose”. Its not true, because we have been in relationship for more than a year, talking everyday and having a lot of proofs. I have been travelled 2 times to see her and had engagement.The point was my fianceé didn’t know how I sponsored my ex wife (about 9 years ago)
May I ask:
1. On blue sheet, it said: If USCIS revokes the petition, beneficiary may become ineligible for a visa under section 212(a)(6)©(i)? What does it mean?
2. Do you think it’s success for visa if I start to fill on CR1 for her?? We are unable to have a baby. I love her very much and I need her here with me no matter what.
3. What should I do for next step?
4. I used to sponsored K1 visa for ex-wife 9 years ago and I divorced couple years later. Is it a red flag?
Anyone was in this situation, pls. help me!!!
-
My fiancée got blue sheet for visa denial last week. It said “relationship is a sham entered into solely for immigration purpose”. Its not true, because we have been in relationship for more than a year, talking everyday and having a lot of proofs. I have been travelled 2 times to see her and had engagement.The point was my fianceé didn’t know how I sponsored my ex wife (about 9 years ago)
May I ask:
1. On blue sheet, it said: If USCIS revokes the petition, beneficiary may become ineligible for a visa under section 212(a)(6)©(i)? What does it mean?
2. Pls. tell me what i should do next?
3. Do you think it’s success for visa if I start to fill on CR1 for her?? We are unable to have a baby. I love her very much and I need her here with me no matter what.
4. I used to sponsored K1 visa for ex-wife 9 years ago and I divorced couple years later. Is it a red flag?
Anyone was in this situation, pls. help
-
financial support is good proof in my opinion. We sent USCIS all those evidences, included the money receipts and nothing happend. It took us less than 90 days to get approved without RFE
-
-
Crea 78, tell your fiancee visit vietditru dot com too. There a forum for VN girls overthere in Vietnamese. She will learn a bunch of interestthings from othergirls
good luck!
How to fill up item 38, DS 156 if I had a prior K1 returned
in K-1 Fiance(e) Visa Process & Procedures
Posted · Edited by member123
Dear VJ members
Please help me to answer item 38,Form DS 156 (Yes or No)
Have you ever been refused admission to the U.S., or been the subject of a deporation hearing, or sought to obtain or assist others to obtain a visa, entry into the US immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a US public elementary school on student
status or a public secondary school after November 30,1996 without reimbursing the school?
I had a prior K1 returned last year. 9 months later, I was informed by USCIS to close this petition because the original validity dates have now passed. We refilled another K1 and got approved last month. Now i am working on DS 156 and was confused by this question, but I would say “no”.
Your comments will be very highly appreciated. Thank you!!!