Jump to content

Always+Forever

Closed
 View Profile  See their activity

  • Posts

    484

  • Joined

  • Last visited

 Content Type 

Posts posted by Always+Forever

    The hoping not to be denied at Casablanca thread

    in Middle East and North Africa

    Posted

    I think about all u can do is go in the way u feel comfortable with & go from there. They are going to make up their minds no matter how much or how little evidence u have. I've heard approvals & denials both ways. I think they've made up their minds before they even come in for the interview. And of course they want to test your relationship....if your relationship isn't strong enough to get through all of this...then there is no way u will make through a marriage...atleast in my opinion :) Best of luck to those with up coming interviews.

    Malika :)

    The "sent back to USCIS for review" thread

    in Middle East and North Africa

    Posted

    Did you read this?....

    Section 214(d) of the Act states that CIS shall approve the Form I-129F when a petitioner submits

    evidence to establish that helshe and the beneficiary have met within the two-year period immediately

    the filing of the Form I-129F, have a bonafide intention to marry and are legally able and willing to

    marry within 90 days of the beneficiary's arrival in the United States. In denying the instant petition,

    the director appears to have imposed an additional requirement on the petitioner - establishing the

    genuineness of her relationship to the beneficiary. However, no such requirement exists for the

    approval of a Form I-129F, and the AAO finds the director to have erred in imposing it. While section

    214(d) of the Act stipulates that the petitioner must establish that she and the beneficiary have a

    bonafide intention to marry, this language is not synonymous with a requirement that the petitioner

    establish the closeness of their relationship. The AAO has found nothing in the record to indicate the

    petitioner and beneficiary do not intend to marry within 90 days of the beneficiary's arrival in the

    United States.

    In reaching its decision, the AAO notes the concerns expressed by the consular officer and,

    subsequently, the director regarding presenting sufficient evidence of a credible relationship between

    the petitioner and the beneficiary. However, as noted above, section 2 14(d) of the Act requires only that

    the petitioner establish that the petitioner and the beneficiary have previously met in person within two

    See Footnote No. 1

    years before the date of filing the petition, have a bona fide intention to marry, and are legally able and

    actually willing to conclude a valid marriage in the United States within a period of ninety days after the

    alien's arrival. As discussed above, the filing date of the instant petition is September 21,2007, and thus

    the petitioner and the beneficiary were required to have met between November 21, 2005 and

    November 21,2007. The evidence of record reflects that ths meeting requirement has been met. The

    record reflects no previous marriages for either the petitioner or the beneficiary, and contains an

    affidavit signed by the petitioner and the beneficiary affirming and declaring their intent to marry within

    90 days of the beneficiary's arrival to the United States. Accordingly, the reservations expressed by the

    consular officer and the director are not probative for the purposes of these proceedings.

    The director's denial of the instant petition is based on the petitioner's failure to establish a bonafide

    fiancCe relationshp with the beneficiary. As the director erred in imposing such a requirement on the

    petitioner, the AAO finds the petitioner to have overcome the basis for the director's denial of the

    instant petition. Accordingly, the AAO will sustain the petitioner's appeal and withdraw the director's

    denial of the petition.

    The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8

    U.S.C. 1361. The petitioner has sustained that burden.

    ORDER: The appeal is sustained. The denial is withdrawn. The petition is approved

    So...like we thought...they denied us with no grounds for it...i think the problem is that it usually takes years to even get to that point of finding out anything :bonk:

    Malika :)

    The "sent back to USCIS for review" thread

    in Middle East and North Africa

    Posted

    Does this mean we all have a bad marker in our file now? I know there have been a lot of successful re-filers.

    Ok...from what i understand (i may be wrong) the bad marker only gets put on the case if it is actually denied through USCIS or your ignore any NOIR/NOID u receive. From what i have read...as long as u reply to anything u receive in regards to the case, then you should be fine...like i said....i may be wrong...i'm hoping some ppl who have been through this recently will be able to shed some light on this.

    Malika :)

    The "sent back to USCIS for review" thread

    in Middle East and North Africa

    Posted

    Was just scanning around & came across this site describing the Tran V Napolitano.....i read through the case just now, and this article seems to give an easy to understand view of what it had to say. Hoping this gets through quickly, cuz from the sounds of it...at this point...my K1 has no chance :crying:

    Consular returns of K1s Lawsuit Atleast if this passes...in the future we will have a chance to rebuttle BEFORE it leaves the embassy....imagine that :bonk:

    Well hope everybody has a great 4th of July...atleast all the fireworks should help us get our minds off of the waiting for a few moments ;)

    Malika :)

    AP TRACKER

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    yeah...something to look forward to would be good....we r in this darn stand still...waiting to see if they will even look at our case or sit on it till it expires...the joys of no control. Keep thinking winning the lottery would be nice....wonder why i haven't won yet...hmm...oh yeah, i don't have a ticket :whistle: Hope everybody has a good 4th...i'm trying to avoid the spiral downward & the desire to just hide & avoid everyone & all their questions. :crying:

    Malika

    AP TRACKER

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    I agree...any waiting is torture....cuz its not like we haven't waited atleast a yr by the interviews. I'm thinking the 3 mths i spent there is making it even worse...atleast with the short trips I didn't get in to a routine, etc. Also doesn't help that there doesn't seem to be any routine in how the cases r handled. Atleast we have eachother to lean on....i don't know about everyone else, but not many around me understand. Keeping the hope though. Inshallah a miracle will happen & CSC will start reviewing returned K1s :lol: maybe if i say pretty please with a cherry on top :yes::no::wacko:

    Malika :)

    The "sent back to USCIS for review" thread

    in Middle East and North Africa

    Posted

    i had my interview at american embassy in cairo at 06-03-2010 about my fiance k1 visa , so i wounder why the cairo counselor refuse my fiancee visa and even after they stamp it , also after he told us we got approved at the interview ?

    i just need to know what the reason for that after we call the embassy 4 times and they said its already approved , and we waiting for the dhl to send it to my fiancee home , and after that we got the passport had the visa in it but over the visa there was a stamp say cancled without prejudice , what that suppose to mean ?

    and also it had a letter said , that the embassy dont convienced about our relationship , and they send our case back to usa , what that mean ?

    also the passport had a pink paper said iv , what that mean ???

    what they need else after all they see at the interview and i visit him 4 times and had a real relationship , and we answer all the quiz right at the interview .

    what i have to do now

    im here in egypt , did i have to embassy again to see whats going on , and why that happened , i dont mind really just wanna do any thing to dont loose my love of my life

    if the counselor need to cancel it why he dont tell us in the beginning , why he let us happy for 1 mounth , even i was arrange for our trip back to states together and then stap us in the back ?????

    any help will be appreciated

    I'm so sorry to hear about that happening to you guys....talk about torture. I haven't heard of that happening, but hopefully someone else will know more. Did they give u a refusal worksheet or anything like that?? What exactly did the paper say?

    Malika :)

    The "sent back to USCIS for review" thread

    in Middle East and North Africa

    Posted

    To track a returned petition/application with a pouch number, you can contact the Diplomatic Pouch Service in Washington:

    •Diplomatic Pouch Service: 202-663-1588

    I just called & the guy was really nice :) Still hasn't arrived in their system yet though....atleast it gives me someone else to annoy :lol:

    Looks like so far we have:

    (4) 1st petition K1.......(2) Married & CR1, (1) Refile K1, (1) Waiting

    (1) 1st Petition CR1....waiting 10 mths (is that right illnevergetthis??)

    Still trying to get the spreadsheet working...hopefully soon so we can get better details for everyone

    Malika :)

    The "sent back to USCIS for review" thread

    in Middle East and North Africa

    Posted

    thinking about trying to put together a chart together so we can all keep track of where everyone is...any ideas of what i should include would be get. To Start with:

    When you met:

    How many & how long visits before filing the 1st petition:

    If you started with K1 or CR1:

    1st petition interview date:

    Date returned to USCIS for review, specify if for AP review or refusal (denial) review

    What you have done since (i.e. waiting, refile K1, marry & CR1)

    Specify when u refiled K1, or got married & filed CR1 (date for each)

    If filed 2nd petition, how long after case returned to USCIS

    Specify where u r in the process for 2nd petition

    Any other ideas...let me know

    Malika :)

    AP TRACKER

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    Hello, my Dear All

    Today i called to embassy and the guy he told me that we transfer ur case to NVC on June 24 2010 and we also send u ur original documents and passport and also wedding photos he also told me that u can check ur status in NVC...

    plz plz plz plz help i m feel really hurting....

    need advise... :help:

    I'm also on the 221(g) refusal road....here's a link on the MENA forum that has a lot of info Returned Petitions via 221g . Was told by USCIS today that they r supposed to review it within 120 days of leaving the embassy....but who knows how true that is :wacko: I also created a thread for fellow MENA ppl going through the same process...hope we can help eachother out: Sent back for review thread Best of Luck.

    Malika :)

    AP TRACKER

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    12 months...wow...i don't know how u're doing it...we've been apart for only 2 weeks & I'm going crazy. I guess part of it is that we were sent back to USCIS, and we have no clue if CSC will even review it...the idea of another yr in nausiating. I don't know why they love to torture us...but seriously i think some of them enjoy it :bonk: hope everyone has a good 4th & they feel in good moods & give some of us "freedom"

    Malika :)

×
×
  • Create New...