paustin

The case will be returned to USCIS and expire. Then you re file and gather sufficient evidence to overcome the reason you were denied for.

So the applicant cannot appeal to overturn the decision that's made by the consular? Say for sample, they don't believe it's real marriage, can the applicant appeal it? Or it's a done deal?

Curiosity, if a fiance visa interview is refused based of consular decisions, what are other options for the applicant? Can s/he appeal with federal judge or it's a done deal one time thing, can't appeal nothing?

I received a denial letter for K1 petition today in the mail. At the end it says, if I disagree with the decision, I can file I-290B to appeal but it must be filed within 33 days from the date of the notice. If it's not filed within those days, the decision is final. I was out of the country and just received the notice today dated August 27. I will need to use Attorney's help this time as I don't want to re-apply for the petition as I am sure it's a no go again. Should I wait until the decision is final or that's not possible to appeal a final decision? The time is too little for me! I am freaking out.

We were not aware there WAS an AWA or how it relates to visa applications until we received our NOID 13 months after filing our I-130 application. This prompted a lot of research and here is one source which should be required reading for anyone caught in this nightmare: http://www.aila.org/content/default.aspx?docid=42682.

This is a legal perspective of the AWA as it relates to the way the USCIS has chosen to implement it prepared by the American Immigration Lawyer's Association.

Read it, hire a lawyer, and make sure they have a copy of it as well.

We are 21 months married now and still waiting for the USCIS to do something on our application.

We offered this information in a previous discussion and it generated considerable vitriol and hatred, which greatly surprised me as I was under the impression that this was a forum to exchange information and assistance.

Truthfully, even you are aware of it and get everything to them, they still find a way to request evidence from you and deny you at the end. I am sorry to say that. I have been through this, send every possible documents to them, and in the end, they ask for the same exact things. It's really frustrating. Good luck!

not trying to discourage you, if your case involves AWA, save your both time some grieves and stress. It's going to be super hard and time consuming. I am not trying to be negative here. I have been through and it hasn't been easy on both of us. The case is still f**** pending. If you can move to live with your partner, that will be ideal. Otherwise, good luck on this if you decide to go with it.

Remember the Haverly Case Amicus Curiae...well here is the decision from the BIA http://www.justice.g.../vol26/3800.pdf

Those whose conviction is before the AWA...here is the decision ...http://www.justice.g.../vol26/3802.pdf

What does this mean? Does that mean any AWA that happened before 1976, USCIS should not deny anymore?

You won't be allowed to attend the interview....only the applicant is interviewed, no one else. There are plenty of Cambodian nationals working in the embassy who can assist in translations if necessary...the VOs won't and don't want to hear YOU answer questions on your mother's behalf.

Can I just sit down and listen to the interview/conversation?

Unusual for documents to be asked for, what sort of documents were they?

My school receipts but my parents thought they asked for their bank transactions that they mailed me the fund to go to school type of receipts. I invited them to come to my graduation at that time. I only relied on my parents support for 2 years, the rest I got scholarship and work to pay for my schooling.

My sister is Kiwi not me LOL.........

Last time, the officer asked my parents to bring some documents and she understood it wrong and brought the wrong documents (what they were not asking for), and they would not give another second chance after the first time. So ...

Could someone move this thread to where it belongs to please?

Hello I am applying tourist visa for my mother. She wants me to go with her to the interview at the consular office in Cambodia. Do you know if they would let me in or not as in sit down and hear the conversation, etc. in case my mother misunderstood again? Last time her misunderstanding caused denial of the visa, but that was like 5 years ago.

Hello, my nephew wants to come here to study because the university here is much better and his parents can afford it. But 5 years ago, I petition my sister to come here on Green card, and on the application she lists her husband and my nephew as her child (they are not here yet). Now that my nephew wants to come here to study, will that cause any issues? Can we check that box that ask "have someone petition you..? " as yes?

Thank you. thinking of re-submitting what we send in the first place but (not certified) because we already gave them the certified ones and that's all we have. Inquire them if they lost them or what? Why we feel like that letter is so generic that they did not take time to review what we submitted at all. They are asking for the same stuff that we already provided.

Thoughts? If this is denied, we'll do appeal and take it to federal court with an attorney.

It hasn't been denied yet. Can we appeal before the denial letter?

After almost 2 years, today we received a letter of intend to deny due to the case falls under AWA. We have submitted what we thought is everything, and now they request those things again *sigh*, I am not sure what we should do. This is so disappointing...

1. Certified copies of all existing police report and court records..... (already send that and certified)

2. Trial transcripts (already send that and certified).

3. Any other criminal, etc. (send background check and everything..)

4. The terms and conditions or any requirements set forth by the jurisdiction (send that and completion certificates)

5. Complete copies of all SOR records (we dont' have that in this state).

Ugh.. what do we do at this point? Could someone please advice or provide suggestions? On 11/15 the online case said they reopen the case but the letter dated 11/22, so that means they already made decision after that online case status update.

Thanks!

She's almost 40 and has two children. She's interested in working in factory worker. I am not sure nanny would be a good fit, why?

She can apply for a tourist visa, but she cannot work as a tourist. The first question she will be asked is: 'why do you have to stay more than 90 days?'....the second...'how is it a factory worker gets more than 3 months of paid vacation?' (there is no answer to that question)....at this point, there may or may not be a third question....

Thank you that makes logical sense. Are there any other work visa that she can apply for like temporary? I think she cannot extend visa in the US on a visa waiver program either, correct?

Hi all, this question is for my sister in New Zealand. She has New Zealand citizenship and does not plan on giving up that citizenship at all. But she wants to be around the family, which is me in the USA for a while. The question is, can she apply for tourist visa to stay over 90 days and working here in the US? or that would violate her tourist visa?

If it does violate, what are other visa options for her? She is not professional or skilled worker, just work in factory type of employee.

In 12 years the forms will probably have new numbers the key is if he is madly in love marry before the interview with lots of proof they didn't marry for immigration purposes

Cool. Another question I have, for another sister that's married. When I filed petition for her, I only need to fill out one I-130 form correct? And her husband will be 'automatically' immigrate or go to interview with her and come to USA together, correct?

You will fix that at 12 years and add all the additions then

is there an information that we can read up to determine the form #, fees, and requirements, etc.?

Hello, I am going to file petition for my brother in my country. I know it takes at least 12 years before he can get the green card, which is fine. We are not in a hurry. However, the question is if within that 12 years and he falls in love with someone and gets married, possibly have kids, how do we go about amending the petition? We want to make sure we figure out this scenario as to not cause any unnecessary separations for them in the future.

Anyone knows what does this mean? We never received any decision before, and all the sudden the case updated - were we denied or something?

We reopened this I129F PETITION FOR FIANCE(E) on November 13, 2013, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Hi it's Cambodia country.

OK - so my mom is a house wife - all she needs to do just put the money in the bank and show it correct?

As far as family ties, how do we show that to the consular?

She is a house wife so obviously no job but she takes care of the house. Joint property, hm.. will have to see if my parents have any. Other than that, we don't really have anything else that I know of. My sisters will be all in Cambodia and her grand kids. Living in America would be boring for my mother so she def. wants to return.

Hello, I would like to invite my mother to come visit me for a few weeks. My mom does not have money in the bank. It's my understanding that she will need to show proof of support during her stay, etc. correct? Is it better that the support is through herself or can I provide the support? My mom is a housewife, but at the same time I don't want the fact that I provide the support causing any visa issuance issue.

If I can provide support, what documents do I need to provide to her?

Thx

Can you appeal to the immigration board? Would that help? I don't think reopening the file would do any good. I would just got straight to the court.

Because during AOS, it took forever on I-130 to be approved. Do they this time do background check on both wife and husband since it's joint application? They did ask for SSN.