bubbleout

Dear Friend,

I read your story and I am sorry for the entire thing that had happen.

Few questions, I have and if you can clear those for , there could be

way to solve it.

1. Has your parents ever came to US before?

2. What happen, write in detail during the immigrant interview 1st time and 2 time?

3. How did you come to US, under what status?

Let me know, and maybe I can tell you a way out

Sorry to hear the Sad news.

Here are things that you can do to make the process go faster and get the I-130 canceled.

Your first letter from USCIS, which stated that they have received the petition and money

is your NOA1.

make copy of your NOA1, the type a simple letter to USCIS and put the subject line to

withdraw the filed I-130. Give full details your wife and your father-in-law. Give them

the date of death and have your wife sign it. If possible get the death certificate of your

fater-in-law and attach it to the letter. Make sure you give them your case number in the letter,

which is on that NOA1.

Mail to USCIS, where you sent your I-130 forms. It will be withdrawn in weeks.

But make sure you get the death certificate of your father-in-law in future if you don't have one now,

because they are going to ask your mother-in-law, when she applies for her visa.

Thank you

The petition was filed at DFC which means I filed directly at the Embassy

There was no CSC or any US end service part involved. I was jut one of those

lucky one to get approved.

USCIS:

Nov 17th 2011 - I-130,Filed at DFC-New Delhi

Nov 17th 2011 - NOA1 ( Received )

Dec 01st, 2011 - NOA2 ( Approved )

CONSULAR SECTION VISA SERVICES

Dec 2nd, 2011- Consular Section Received the Case

Dec 4th, 2011 - NWD case number assigned

Dec 21st, 2011 - Packet 3 sent via email

Dec 21st, 2011 - Packet 3 mailed back to Consular Section via email

Dec 29th, 2011 - Packet 4 mailed with interview and medical date

Jan 12th, 2012 - Medical

Jan 30th, 2012 - Interview- and visa was approved

Jan 31st, 2012 - Visa and passport mailed

Feb 2nd, 2012 - Visa and passport received from VFS

USCIS:

Nov 17th 2011 - I-130,Filed at DFC-New Delhi

Nov 17th 2011 - NOA1 ( Received )

Dec 01st, 2011 - NOA2 ( Approved )

CONSULAR SECTION VISA SERVICES

Dec 2nd, 2011- Consular Section Received the Case

Dec 4th, 2011 - NWD case number assigned

Dec 21st, 2011 - Packet 3 sent via email

Dec 21st, 2011 - Packet 3 mailed back to Consular Section via email

Dec 29th, 2011 - Packet 4 mailed with interview and medical date

Jan 12th, 2012 - Medical

Jan 30th, 2012 - Interview- and visa was approved

Jan 31st, 2012 - Visa and passport mailed

Feb 2nd, 2012 - Visa and passport received from VFS

I would like to Thank everyone who have replied to my thread an tried to give much

information is possible. But after reading all of the messages, and talking to Immigration

attorneys including Marce Ellis, I have came to a decision to withdraw the I-129f petition

and go to India get married and then refile the new I-130. This is very stupid reasons

for the embassy office to denied the case that my fiancee met me before I was divorce.

The Section for denying the visa was used is not the right section either. After doing my

own investigation, it seems to me American Embassy New Delhi don't want to issue K1 visas at

all. I have not seen lately anyone who is getting K1 visa from New Delhi.

Why the USCIS even approve I-129f petitions if Department of State is going to deny them for the

stupid reasons and send back to the USCIS for review and make the case load for the USCIS employee,

which end up delaying the other area of immigration petitions. Department of State is also making

the U.S.Citizen to spend more money then they should by going through the two rounds of visa process.

I hope this won't happen with someone else. Guys be careful.

ANOTHER NEWS,

I got an letter from my senator Barbara Boxer. Because I got her office involved into the case.

New Delhi visa cheif emailed her office and said the same story that visa was refused and petition

was sent back to NVC. But addition to that they also said the visa was refused because "There were serveral

areas of concerns including that Ms.__________had first met the petitioner in 2008 when he had not yet divorced

his first wife. So that make our relationship invalid".

I have no idea what were they thinking. No offence to anyone but how many men in this world have secert affairs while

married and then end up getting the divorce from first marriage and remarry to the one they are in love with.

We are honest enough to tell them the truth. We are the one who told the emabassy in our statement, how we met and when?.

I guess being too honest also dose not pay. I think what they are thinking is that I got married to my fiance while pending

divorce and then got the divorce and filed I-129f and avoided getting married after divorce and trying to save time.

Please give me your views guys and tell me what you think is going on. Very very confusing sitiuation here.

They dont even want to be clear for the reason of denial because they don't have one.

I think the Consular office thought we are married.

Engegment pictures do look like marriage. What is DOS????

We have submitted the pcitures of ceremony and pictures taken

before and after the ceremony. Me and my fiancee made two trips to

thailand for vacation we also sent those pictures too. We know each

other for the 3 years, even before I was divorce. We submitted all

the evidence of relationship. I personally think they believe

we are married and taking a short cut to bring her here on K1 visa.

But I just cant figure out the clear defenation of 212(a)(5)(a).

If anyone know it please post. Online it is refered to labor law,

but i am sure labor law dose not apply into my case. My fiance was

interviewed twice, first at the embassy and then on the phone,

far as i know it was done well. One time conular office did refer me

as a her husband and then she said oh it is your fiancee. So maybe she is

being tricky. who knows,, please help if anyone can?????

How long were you guys in a relationship ?

How long guys dated, before getting engaged ?

What do you think could be the reason for the embassy to say that ?

What do you think could be potential red flags in your relationship ?

How did the interview go ?

What questions were asked to your fiance during the interview ?

Make a summary of all the above question's, and contact Mark Ellis or any other lawyer that deals in refused visa's.

Also if you could share the answers of all the above questions here. It would help a lot of people on here.

I really hope things work out for you.

1. We been in love relationship since August 2008

2. I filed the fiance petition in Feb 2010 but we did the ring ceremony two weeks before the visa interview

3. I think embassy believe that we are husband wife, not the fiancee. I have submitted about 800 pictures of our relationship and I also think

because my petition was expire and they did not extend it due to my 2nd marriage.

4. Red flags could be, like my this is my 2nd marriage, i filed petiton one day after divorce. but I have submitted all the documents and proofs.

I don't understnad why they would refuse it. THE REFUSAL REASON IS INA SECTION 212 (a)(5)(a) and that dose not even fall in the the fiancee visa

catagorey. This section is for labor certification or something to do with just I-129 not the I-129f

5. The interview was fine, Lady was american and she asked about 10-12 questions and asked to submitted the additional proofs,,and once we did that then my fiancee was called by Indian lady from Embassy and took another interview about for 20 mins and my fiacee answered all of their questions. Nothing was unusual. All the question was about me and her and our relationship. Most of the questions came from the statement I gave to the embassy about our relationship

I AM REALLY IN BIG TENSION, PLEASE CHECK THIS INA SECION ON THE NET AND SEE IF ANYONE CAN FIND SOMETHING RELATED TO FIANCEE VISA, WHICH I COULD BE MISSING.

Yes it was a NWD embassy,

Our case was refused and the following email was sent

ear Applicant,

As per the U.S Embassy please note that there is no definite time frame for administrating processing as it depends on the individual circumstances of each case. It is not unusual to ask applicants to provide additional documentary evidence of proof of their relationship and independently verify certain information presented by the applicant by Post to ascertain eligibility for a fiancé visa. It is a part of the process to make sure that we are issuing visas to people who actually meet the eligibility criteria.

Ms. _________ was interviewed for a fiancé visa on January 19, 2011. The visa interview and a consular investigation into the case confirmed that that the petitioner and beneficiary do not have a valid relationship to qualify for a K1 visa. This visa application was refused under Section 212(a)(5)(a) of the Immigration and Nationality Act (INA) for an invalid petition. Ms. ______ petition was returned to National Visa Center (NVC) on March 8, 2011. Once NVC receives the petition, it returns it to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation. Please direct all future inquiries regarding this case to the approving USCIS office.

I AM VERY UPSET AND DON'T KNOW WHAT TO DO,, ANYONE HAD A SAME PROBLEM OR ANYONE KNOW ANYTHING ABOUT THE 212 (a)(5)(a). Please reply back and tell me what can I Do......

American Embassy and consulate offices in India are asking the same evidence from all K1 one applicants.

I was in India for a month and I went to embassy 3-4 times and I spoke with other applicants and their

relatives who are also at the embassy and at the vfs office for same reason. All the items they requested

from us are mandatory now. So it's a good idea to get them ready before hand and submit them to VFS office

prior to the interview. I am sure if they can view all the evidence before hand then no need for AP

Send them a affidavit from your two relatives certifying that those two are your children.

copy of "Rashan Card", it should have picture of you and your family.

School records.

Also your children do qualify for the U.S. Citizenship, even you became citizen after their birth.

You need to file N600 for your children if they are under the age of 18. Make a infopass appointment

with USCIS office and they will guide you. Your children should get U.S. Passports from Embassy.

They were not able to issue me K1 visa at this time(221(g))and asking for more proof of relationship.

The letter says

"We are unable to issue to issue your visa at this time under Section 221(g) of the INA

Please provide the following proof of relationship,to include,but not limited to:

1 Notarized explanation from you and your petitioner of how and when you first met and why you decided to get engaged.

2 List of all engagement ceremony guests,their relationship to you,their addresses and their phone numbers.

3 Itemized emails and/or postmarked letters or cards between you and your fiancee.

4 Photos of you and the petitioner before,during,and after your engagement.

5 Notarized statement signed by the applicant's parents discussing their views of the engagement.

6 Notarized copy of your fiancee's passport.

7 Voter's ID card and Voter's list for the past 5 years of the beneficiary.

Please submit the above requested items and each applicant's passport to your nearest VFS office."

WE DEPOSITED ALL OF THE ABOVE SAID DOCUMENTS AND PROOF OF RELATIONSHIP ALONG WITH THE ORIGINAL PASSPORT TO VFS OFFICE AT NEW DELHI ON JANUARY 24TH,2011 AND NOW WAITING FOR THE DECISION. We have submitted over 800 pictures of me and my fiancee for the before, on and after engagement.

***ON FEB 01ST, 2011 MY FIANCEE RECEIVED A LETTER FROM AMERICAN EMBASSY NEW DELHI ALONG WITH HER PASSPORT. AND THE LETTER STATES THE FOLLOWING:

PLEASE BEAR WITH US WHILE YOUR CASE UNDERGOES MANDATORY ADMINISTRATIVE PROCESSING. WE WILL CONTACT YOU AS SOON AS THIS PROCESS HAS BEEN COMPLETED.

Guys, I am really happy that my fiancee received her packet 3 today. Now the process is very quick that everything is moving so fast.

NVC sent her case to American Embassy New Delhi on 10-06-2010 and Embassy received on 10-08-2010 and mailed the packet 3 same day.

Wow, now hopefully I won't face anymore delays...hurrrrrrrrrrrrrrr

The countdown starts the day your fiancee enter the United States

Consular Officer have the power to extend the petition if needed

I really feel sorry for you. I was in the same boat. It took my I-129F to get approved in 7 months and 7 days. But after 5 months, I called USCIS all most everyday. I sent emails everyday, faxes everyday. I also contacted to CIS obmudsman's office for help. I also contacted both state senators and my local congressman. But nothing seems to be working. eexpedite request was also placed through the National customer Center and that was also denied. My case was being handled at California Service Center. I don't know any of the personal details on your case, so your case could be different. There nothing you can do. But I want you to try one last thing and which worked for me. Send a letter to USCIS where your case is being handled as a expedite request with proper form, I can email you that also. Follow the instructions on that form. Also make copies of everything you have sent to USCIS with your original petition and copies of all the inquiries you have done, make two sets of everything and send along with a written request and a form. Also mark the package with red dot both sides of it. Also before you do all this, think about your case and current situation and see if you can figure out what could be wrong with your case, you will know it, and address that issue in your letter clearly and explain the situation. I did this process and once they received my package my case was approved with in 36 hours. Usually they will take action on your case with in 72 hours, if you do the process right. USCIS only approve cases through this process if your case is clearly approvable.

I called the National Visa Center (NVC) and they told me my case left today for New Delhi Embassy.

It was quick. It took only about 8 days in the NVC only. It seems now that things are moving much

quicker than I think it will. THANK GOD FOR HELP. I wish you all of you people who read this GOOD

LUCK with your cases.

As per my understanding, your wife's passport will be stamped with the A number (green Card) or it's called I-551 stamp on the airport once she arrive into the United States. She dose not have to wait for the green card to arrive in the mail. That stamp is valid for one year and she can work or travel outside of the United States on that stamp. That stamp work as you have a actual green card. For the social security, now days usually immigration apply for your social security card, if you have asked them to do son form DS-230 when you actually apply for visa. If you have choose to do it your self then your wife can go to social security office next day of the arrival or the same day and apply for the card with the passport and a stamp in the passport. Again you do not need the social security card to travel out side of the United States

National Visa Center received my case on 09-27-2010 and assigned NWD number for American Embassy New Delhi.

But they said the case is in Additional Processing. WHAT DOES THAT MEAN? Is this going to be another delay??

Officer told me, there is no time frame for this process. Is anyone had any experience with these type of situation.

Please share.......

I got my NOA2 message on 09-22-2010 and today I called and National Visa Center already have my

case since yesterday (09-27-2010) I also got hard copy of my NOA2 yesterday in mail. WOW it's really

going smoothly now. I hope I will get to the end very soon..........................

My I-129F was approved on 09-22-2010 and have received my hard copy of NOA2 (Approval Letter) TODAY!!!!.

I hope now National Visa Center move fast..Lets see what happen.

Thanks to all of you for comments,

I am just so happy. It was big problem.

Background check problem is something no one can do anything about it. But for the last 9 weeks, I been

calling USCIS everyday, sending email everyday and sending letter once or twice a week, and it worked finally.

Now tell me guys, how long it will take before NVC will get my packet and I can get the new CASE number for the embassy.

THanks

Hey guys,

Finally the day has come and my petition for my fiance(e) has been approved on 09-22-2010.

It been in background check system for ever. I worked so hard for this to get done.

Now lets see how long the embassy takes.