ForumTitleContentMemberSexCountryDate/Time
Asia: SouthWhat should I pack...
This is especially for the NRIs/former expats here - what should I pack for my relocation to Delhi...The thought right now is I will be there about a year.

Is there anything here that I can't easily get there or whose brand here is more comfortable [I know saying better would be totally subjective but maybe cosmetic type stuff that's different enough that packing a stock pile here would make more sense]? I'm not sending over any boxes/cartons/crates, so it needs to fit in 2 regular suitcases.

catknitFemaleIndia5/2/2009 20:03
Asia: SouthGoing to the chapel and we're gonna get married...
Now's the time! The wedding will be great but I know you'll have those bittersweet feelings. They will be with you in spirit, take tons of pics - is someone getting the wedding on video for you?

Plan something great and fun here in the US once you get thru the wait again...maybe even plan for a renewal of vows on your 1st anniversary? There are ways to celebrate with your family here too...it just takes time.

It's hot, HOT, in Delhi right now - hope you're going to a hill station after the wedding?

Congrats!
catknitFemaleIndia5/2/2009 16:58
Asia: SouthDCF India
We'll hopefully be apply in the fall - I wish you loads of luck. It looks like DCF for the most part is a pretty smooth ride for many people. Keep us posted!
catknitFemaleIndia6/7/2009 15:30
Asia: SouthHow long does it take New Delhi Embassy to send to VFS!?
Now that you mention it - it was both Independence Day and Janmashtani [I think? Not fully versed on Hindu holidays blush.gif ]...that could have totally influenced the printing cycle right now. When Mr. Soon-to-be-catknit interveiwed in October last year they had a backlog due to Diwali and local employees taking time off...
catknitFemaleIndia8/19/2009 12:36
Asia: SouthHappy Gandhi Jayanti
Hmmm, maybe it's just been good luck on my part. I'm not on them during the super busy hours though - that probably helps. And it's literally just around town - so maybe 20 minutes at a clip?

I'm going on my first train journey on Tuesday and am soooooooooo excited. We're taking one of the overnight trains to Cochin and spending a week holidaying! First time to the south and I can't wait!
catknitFemaleIndia10/3/2009 6:44
Asia: SouthHappy Gandhi Jayanti
I've been here since late June. Because of some headaches with our case I had a game plan of staying here for about a year and then we'd [hopefully] head to the US. USCIS decided to make things more interesting and now it looks like at least I will be returning to the US at the end of this month. [We think - it's so hard to make a decision when you don't really know what is going on].

This is my third trip over and the second was dedicated to seeing how I would handle a move - so things like taking the bus are old hat laughing.gif .

Actually, the city bus system has become my fav way to travel in Delhi - cheap, somewhat easy, dedicated women's seats. [We're in South Delhi so the Metro isn't a great option]. The trick is getting comfy with boarding/leaving a moving bus. Thankfully, I had a sadistic bus driver during high school that trained me well!



catknitFemaleIndia10/2/2009 12:36
Asia: SouthHappy Gandhi Jayanti
Being the ignorant USC currently living/staying/not-sure-what-to-call-it in Delhi - let me explain my day!

Up and at 'em, knowing I need to pick up a new jacket from CP that I was having altered...STB Mr Catknit and I head to the bus stop. Not much traffic, the buses are completely infrequent. Seems just too quiet...

A bus zooms past well before the stop and STB Mr Catknit is upset saying it will be forever for another. Huh? They come every few minutes...and he says not on national holidays.

What holiday? Wasn't there just a holdiay on Monday, is it part of that??? The questions are free flowing, I haven't a clue!

Now, per usual, I watched the morning news while having tea this morning and they are all over the birth anniversary - but 2 and 2 never added up in my head until he literally spells in out!

So now [after having a clue blush.gif ] - Happy Gandhi Jayanti!!!

catknitFemaleIndia10/2/2009 11:16
Asia: SouthYo Asia south
I will say this much - learning in Hindi can be tough! Especially, like you said, depending on who teaches it can easily be a mix. I've used Rosetta Stone [good but pricy], a couple of books, and here I got workbooks for the written language.

We were out picking up dinner one night and there was a children's bookstore next to the food joint - I go in and start looking at books and see that they have a range of picture dictionaries. I get all excited because I learn better with pictures/images than just text. STB Mr Catknit asks if there is an English/Hindi picture dictionary. No joke, the sales chick says "oh for what age group?" and he looks at me and I look at him and we both turn to the sales chick and with him pointing at me. Saleschick started to giggle and said "oh". Poor woman felt bad and I told her it was fine, it's just better for me to learn this way, that I know it looks silly.

I totally love that dictionary, by the way. Probably one of my favorite Hindi books.

I have a train to catch kicking.gif kicking.gif kicking.gif . I'll be back in about a week but we may be ducking into the occasional cyber cafe while in Kerela!




catknitFemaleIndia10/5/2009 22:33
Asia: SouthYo Asia south
Trinket - more general chat threads, if you will??? I'm game.

Happy Dussehra [now for my Hindu ignorance to show - is that the same as the Durga Puja celebrations going on around Delhi this weekend?]. And a belated eid Muburak!

This forum does sometime read a little business-minded [efficient, short answers, frequently without the thanks]. I think we went thru a time span where a lot of the posters were guys looking for nuts and bolts type info and not people waxing away about adjusting to life in the US or relationship issues - which seem to populate some forums here.

It shocks me there isn't even a cricket thread given the apparent obsession in India at least...

Maybe we should just open a bunch of threads and see what happens.




catknitFemaleIndia9/29/2009 23:22
Asia: SouthHappy Diwali!
Ok - some Diwali pics from Delhi [assuming I can do the whole attaching thing].

I'm still recovering from the loudness. wacko.gif

Attached Files


catknitFemaleIndia10/18/2009 0:36
Asia: SouthHappy Diwali!
I'm in Delhi trying to survive the onslaught of crackers and thought I'd wish the Asia: South folks Happy Diwali!!!

I'm going to hit the market for some sweets kicking.gif kicking.gif kicking.gif They look SO good - granted I have no clue what they are though....maybe I'll take some pics and post them?


catknitFemaleIndia10/16/2009 0:14
Asia: SouthNew Delhi Embassy - Interview Visit by Petitioner
At New Delhi you are more than welcome to go to the consulate with the beneficiary. It will be up to the CO if you may stay for the complete interveiw but generally they will want to speak to you too if you are there. I highly, highly, highly recommend going to the interview if you can.

Just some FYI info:

Make sure you have your US passport with you. I have yet to hear of anyone getting grief trying to get into the consulate with the beneficiary. You'll stand in line with her even though the guards may want to wave you thru quicker given your passport [just tell them you're with her/him]. If the appointment states 9:45am and you show up at 8am, they will probably tell you to go hang out under the trees across the street [trust me, you'll know what I'm talking about when you go there - family, etc plus an ice cream cart/drink guy is set up there most days too]. The guards will call when they are ready for certain timings: "Everyone with 9:30 and 9:45 appts please line up!".

First stop is the table outside security where they will check your passport and his/her interview letter.

You'll walk down a sidewalk to security - there is an xray machine for items and a frisk.

They'll point you thru a door where you'll queue up for your token. The token looks like a paper deli ticket - it will have a letter/number. For family based it should read J##. Example would be J23.

The courtyard you are in is covered by an awning with ceiling fans and a seating area [plus restrooms - if you need to go while inside, you have to go back out to the courtyard - no, they don't hassle you about it]. At the front of the area is a large digital read out that lists window numbers and ticket numbers. When your ticket number is called, you head down a long sidewalk to the entry door into the building. From there, you go to the window number that was posted. Don't worry, there are staff to help you find your way and additional digital screens all around. Currently, the consulate has it set up that the family-based visas are handled at the very far end [windows 22-32].

There is plenty of seating inside - I've been to the consulate maybe 5-6 times in the last few months [long story] and have only seen it standing room only once [which was yesterday - they seemed short staffed - not as many windows open as usual].

You'll be called to a window for fingerprints/handing in of medical/PCC/local police cert. You'll be asked to sit again. Watch the boards and when called you'll go to the window with the CO. As the petitioner - go up to both with him/her...they will let you know if you can stay or not, there shouldn't be an issue at the first window at all and with the CO they may ask some question together or literally say hi to you and ask you to sit back down. It's very CO specific.

All in all, try not to freak out. I know, I know, easier said than done.

Also, there is a little snack bar set up in the courtyard, so if you're a nervous eater or it's super early or there is a long wait that day, etc you can buy a cup of tea, a bag of chips, whatever - strangely thoughtful of them.
catknitFemaleIndia10/24/2009 1:02
Asia: SouthAffidavits from India
Be CAREFUL with the engagement ceremony info - more than a few people here have gotten the unpleasant surprise of being accused of getting married using certain engagement pics/info.

There was a revitalized older thread maybe in the Embassy forum that was about that exact thing.

Let's see if I can find it...it was the Chennai consulate...http://www.visajourney.com/forums/index.php?showtopic=120698




Edited by catknit, 24 October 2009 - 01:07 AM.

catknitFemaleIndia10/24/2009 1:04
Asia: SouthVFS Details
k.loveh - you talking about me???? tongue.gif

Not only can you go to VFS and to the window at VFS with your husband, you can do it for him if you have everything they are requesting [including his passport and a copy of his passport].

The women there are nice and professional. There were a couple of men working there too the times I visited but women were working the windows.

They won't get very in detail with asking info - they have a little check list that they will read aloud and he just needs to hand over each item(s) as requested.

Good luck with the interview and we're here if you need more help!

Edited by catknit, 27 September 2009 - 11:10 PM.

catknitFemaleIndia9/27/2009 23:09
Asia: SouthPacket 3/4 question
Congrats Moksha! I'm sure the two of you are very excited!

Karri and Sam - I'm so sorry. But all is not lost! You have a chance to go back with more information and you should do your best to try and explain/prove away any issues they may have. To me, the biggest thing that came up would be the language request. Does Sam get a little tongue tied in English when nervous???? From the CO's point of view, if there is poor communication how can there be a strong relationship. In theory, most would agree with that - BUT, if around you the English comes easily well who's to argue that. The trick is proving that. Did the CO ask him to read any emails or chatlogs out loud? Has Sam emailed you extensively or did you have volumes of chat logs to send in? That may show his english skills.

The voter's card can be a nightmare - do not be surprised if the dates are off or if he's only listed for some years and not all five. If elections aren't any time soon in his neck of the woods and there are issues with that, he may be able to have things fixed before sending in the additional info. I know of people who've had the wrong bday listed, wrong name spellings, or wrong family name issues - if this comes up, pm me. Somewhere in my archives I have something with the office and title of an municipal employee that may be able to write a letter explaining away the discrepancies...

Ok - now - worse case - you DO have options, you CAN impliment plan B, C, or D [how every many you have] down the road. But, for now, focus on getting your 221g info together and out to VFS. Yes, you can marry him there but it will be an involved process timewise [special marriage act means a good 30+ days]. Yes, you can file for a CR1 or K3 after that. But please keep this in mind - people with 221gs sometimes get the visa too, they just have a little more of a wait - so take it one step at a time, call your officials and get them on the case too, after handing in the info email [and/or call] the embassy weekly and call DOS weekly.
catknitFemaleIndia3/23/2009 7:34
Asia: SouthImmigration to India
The easiest way to live in India is to arrive with the tourist visa and marry - as long as it's in the 6 month window you should be fine. You can then convert your visa to an X visa [it used to be you need to do this in Delhi at MHA - there were no other offices that can do it - do the research - used to be any agents who claim you can do it elsewhere or by paying off local officials for a resident permit were NOT agents to deal with - Also, some people have gotten lost in a maze of red tape and have tried to get the X visa at other Indian consulates in South Asia - some succeed, some don't]. That will you give the legal right to reside in India provided you register with the local immigration office.

This visa [the X visa] will only allow you to live there - no work, no school, no bank account, no land.

To be able to get a PIO card as a non-Indian spouse of an Indian national, you can only apply after your 1st year anniversary. A PIO card is, for lack of a better term, the Indian equivalent to a green card. The 1 year rule is pretty hard and fast from what I've heard/read.

A work visa may be a viable option if you have an employer willing to sponsor you - last year around this time the Indian consulate in DC had a bug up their back side about "handsomely paid" positions - they would only give a work visa to those with positions paying more than $80,000 USD/year or some such number. Even with the Indian economy growing like wildfire, those types of positions most people can't just walk into. A possible other option may be a student visa. However, a LOT of schools in India seem to like traditionally aged students from what I've seen. So going for a BS in biology at say 45 may be seen as a little weird and may not happen.

Visa issues and the like are getting tighter and tougher in India all the time. You used to be able to visit for up to 180 days, border hop, and return the next day. Now, if you stay on a tourist visa more than 90 days, you must leave India for 60 days before you can re-enter. I guess that means you could border hop at day 89? Not too sure I would want to try that too many times though. If your fiance is having issues with his visa to get here I'd recommend not trying anything too fancy with India's rules - you do not want to be barred from there if that's the only place you two can live currently.

Also, you may be asked to go to your local US embassy there to get a sworn statement that you can legally marry. Chances are you can do that ahead of time through a local/county/state official here stateside - use that at the US embassy to get the embassy statement.
catknitFemaleIndia7/29/2010 19:20
Asia: SouthCase completed in second week on month-New Delhi
Probably November - most likely the October list is on their website already. DOS will have this information as soon as the interview is set. You can try calling them.
catknitFemaleIndia9/14/2010 19:00
Asia: SouthDon't want my kids issued Indian Entry Visas.... HELP
I think with an Entry Visa your kids would need to be registered at the local FFRO if staying more than 14 days.

There are many restrictions on the Tourist Visas that hadn't been there before including not being able to re-enter India within a 90 day window from leaving - for eaxmple, if you entered India on May 1st and left May 3rd you would not be permited to re-enter India again [without special permission, a special visa endorsement and by registering at an FRRO office] until September...This is all fallout from the terrorism issues. It's been a nightmare for a lot of people using DEL airport because Indian border agents were not letting people get connecting flights had they gone thru Indian border control for a long lay over or as part of an intenarary that had stops in India intermixed with other countries [especially Nepal]. Supposedly, the layover/connecting flight issue thing has been fixed - as well as the tourists doing 3 days here, 2 days there, 3 days here type tour packages in South Asia that fly from BOM or DEL.

By getting the Entry Visa I guess the thought is fairly simple - those with direct ties to India will not need to go thru the 90 day restriction period. I can imagine India's consulates and embassies around the world do not want to continually need to offer special endorsements to spouses/kids/grandkids who may need to visit more frequently for family reasons.

In your specific case - I read some of the other threads you've had - I COMPLETELY understand why you want them to have tourist visas. I'm not sure if having merely a tourist visa would stop any nightmare situations from happening given money talks in India when something needs to be fixed...a tourist visa could magically turn into a PIO under the right scenarios/connections, if you know what I mean.
catknitFemaleIndia10/20/2010 17:07
IndiaHotels in New Delhi near the Embassy..
Hmmm. Connaught Place is about 5km from Embassy row - this is an entire market area laid out in concentric circles that encompasses many international branded stores and restaurants. I'm sure there is at least a few hotels there with the name "Connaught" somehow in the mix...

There are no hotels truly near the embassy area as that area is embassy after embassy after embassy. The Meridien isn't too far off [in CP] but it will be spendy - 16k rupees/night [~$300] is what their website is currently showing for mid-week in February. You would have no question of cleanliness or comfort there - however you will be paying for it.

I would avoid Paharganj like the plague with an 11 month old. It's fun and adventurous for the backpack traveler but not with a baby - in general, there will be low cost hotels with nice looking websites - but keep in mind stock photos are easy to buy and put on a website!

The only exception, and it's not really an exception because I don't think it is really is in the confines of Paharganj, would be the Ginger Hotel. This chain of hotels is budget friendly, clean, and run by Tata [I think]. My husband stayed in the one by the train station for a night and liked it except for the noise - but in Delhi, other than super high end hotels - there will be noise.

For more family oriented and still budget minded there are hotels in the Karol Bagh. I've stayed in that area on one trip and our hotel was just about full up with Indian families. Nothing too special but clean with a nice staff. Definitely budget but not scary-budget. You'd need to plan for a radio-cab to get you to the embassy but this isn't hard.

For a step up, you may want to look in South Delhi - Greater Kailash areas, they have some smaller but nicer hotels. Again, I'd go with a radio-cab to get to the embassy.
catknitFemaleIndia2013-01-14 17:28:00
IndiaInterracial couples, post here!

Shannon - Muslim men appear out of India appear to get AP for security checks with some frequency.  Generally, all you can do is wait it out...

 

I will say you do have one heck of a love story smile.png.  Document as much as you can about your upcoming trip [pics, etc] especially if you are spending time with his family.  Did you have a ring ceremony?  You may be questioned about that if it's typical for his area.

 

Falene - Did you get the infamous laundry list AP paper?  Where they ask for EVERYTHING under the sun - correspondences, pictures, his voter id card, etc etc etc?  Or, did they just say "AP, we'll be in touch"?  It's hard to really read into what an individual CO does because each has their own methods but the laundry list, historically, hasn't been a good sign [not to get you down or anything - just trying to let you know what can/has happened].  

 

Here's wishing you both a speedy journey to a visa and marriage!

 

[PS - a denial is NOT the end of the world, if god forbid, it does happen - more time away from each other, yeah, but you can still soldier on and get the visa]

 


Edited by catknit, 25 June 2013 - 01:13 PM.

catknitFemaleIndia2013-06-25 13:13:00
IndiaInterracial couples, post here!
They did go CR-1 and were approved with no issue - I can't remember their screen name here either!

Reaffirmations of K1s are as rare as hen teeth :P . Seems when we got ours, there was an entire box sent back to Delhi from USCIS. I believe [with no firm information other than a consultation with Marc Ellis who thought this maybe what happened] that there was a little internal squabble between USCIS and DOS/consulate over the returning of soooooooooo many K1s out of Delhi. USCIS decided to reaffirm a bunch of K-1s without even sending out NOIR/NOIDs. Then, sent the whole box back to Delhi to reinterview the lot. :lol: By dumb luck, we were in that box.

Thanks for the good wishes Sachinky! Hope yours goes smooth too!
catknitFemaleIndia2012-03-03 07:32:00
IndiaInterracial couples, post here!
Visa type: K-1
Consulate: New Delhi
Visa issued (if applicable)? Yes - after 3 rounds of AP and a reaffirmation
Second interview? Yes, after reaffirmation
AP? Twice with the 1st interview, once after 2nd interview
221 g issued? Yes, 3 - Twice after 1st interview, once after 2nd interview
Gender of beneficiary: Male
Religious difference? Yes
Religious background of beneficiary: Muslim
Age Difference? Minimal significant difference (18 months, I'm older)
Method of meeting (online, in person, etc): Online
Engagement Ceremony? None
Traditional (Indian) Wedding Ceremony (N/A if going through K-1)? N/A
Has beneficiary ever been to the US? No
Does beneficiary have relatives in the US? No
Family approval? Yes from both sides
Co-Sponsor required? No
How much time has petitioner spent with beneficiary in person? At the time of the first interview - 15 days, at the time of the second interview 7+ months
Has the beneficiary or petitioner ever been married: Yes, petitioner, once
Did the petitioner attend the interview: 1st interview, no; 2nd interview, yes

The race thing is just one more puzzle piece in a very complicated puzzle. I can't imagine the actual effect it may have on any individual case because each case is so unique. I know it would be great to come up with some magic formula to figure out how to successfully navigate this system but at the end of the day I don't think that is possible. An example, a guy working at an MNC hooking up with an age appropriate/attractiveness appropriate white american woman at a conference and then starting a relationship etc etc is completely logical. A 23 yo guy online in a village spends 4 months sweet talking in butchered english and then invites his 40+ hard smoking, white, obese divorcee, "girlfriend" with three kids on a trip to India and then proposes, well...that's a harder sell. There you may have a 50-50 split on getting a visa with factors other than race that tipped the scales.

For the most part, I would say a mixed raced marriage may get a 5-sec second look. More of a "huh" thing than an actual red flag. If there are other things going on, it may be more than a "huh"....

There are cases were I think it has been much more than a "huh" thing, especially with AA women sponsoring men from India. [Just for the record I'm white]. To me, that would be an interesting statistic to keep track of....Not wanting to speak in depth of someone else's case without their consent - but I know of one case with NO red flags, none, zilch, nada that was denied where the only thing that could be seen as "out of the ordinary" was the female petitioner being black. No prior marriages, no kids, no financial issues, plenty of pics with his family, no disparity in education/class/career objectives, no prior visa requests by him, statements that both families approved, no significant age difference, they worked together in India for 6+ months, typical, textbook workplace relationship/romance, etc, etc, etc - denied.

In retrospect, for the record, I would have denied our case too given the information we presented and how we handle the 1 and only visit we had prior to applying for the visa. I'm a bit of a literalist, we met the conditions and applied, in my head that meant we should have gotten the visa [naive, I know - but like a lot of people here, I had never dealt with immigration before or knew anyone who had]. Now, looking back at what we presented and how we presented it, it was a hot mess and reeked of fraud - having met online, the timing of my divorce, my ex's name, the fact I didn't meet his family on that trip, the fact that all of our pics were at touristy landmarks, the fact that no one from my family met him, etc. Even though we were both well in our 30s, had careers, we felt we were too old to follow the norms therefore we didn't follow typical marriage-based family integration protocols like me meeting his family and that did more harm than good.

All that being said, we're happily married, he's going thru ROC right now [had his biometrics appt today as a matter of fact]...and I completely agree with Sachinky - a whole LOT of the relationships here [on vj] seem to be somewhat sketchy. A lot of quick break ups, irreconcilable differences, other significant others, etc.

Imagine what a CO sees everyday?
catknitFemaleIndia2012-03-02 10:45:00
IMBRA Special TopicsInternational Megan's Law 2008
I think there is a HUGE difference between the ex-boyfriend distributing them and what happened with the first girl and myspace.

The first girl CHOSE to place the pics on her myspace page - as insane as that is.

The girl in the second case had no control over where the pics went when her ex distributed them and IS a victim. Is she a victim because she didn't think thru what could happen by sending him the pics? Yes, I don't think anyone can argue that - she did open herself up to this being a consequence. But, he was under no duress to share those pictures - possesion of the pictures doesn't give the guy the license to distribute the pics and victimize her.

catknitFemaleIndia2009-04-08 18:26:00
IMBRA Special TopicsInternational Megan's Law 2008
That's part of the problem - public urination is NOT child molestation. And, for a while, if not still currently, the people who broke that specific law were treated the same as a child molester.

If a 14 year old girl posts pictures of herself naked or seminude on a social networking site - how is that the same thing? Does the girl need help and guidance and probably a whole lot of therapy - yup. But 14 years from now if she falls in love with some guy from New Zealand - she can't sponsor him??? I don't know, to me, it just doesn't make a ton of sense.
catknitFemaleIndia2009-03-27 18:10:00
IMBRA Special TopicsInternational Megan's Law 2008
Sloppily written laws help no one and waiting for case law to determine how a law should be used places the end results in the hands municipal and state judges...asking "gray area" defendants to wait can backfire.

http://news.yahoo.co...1mDaeUJJYDDr7sF

Today's news - even Mrs. Kanka, Megan's mother believes that a case like this - which would automatically register this girl if convicted - shouldn't fall under the scope of Megan's law...and for those of you who think this is the only 14 year old girl doing stuff like this, I got a bridge to sell to ya.

The last thing I would want to see is a law like Megan's Law repealed but it needs to be used as intended - unfortunatley Megan lost her life savagely to pervert who should have been locked up for life. There must be a better way...heck, if memory serves, in Oklahoma public urination was classified as a sex crime for a while too - placing the offenders on their sex offender registry.

catknitFemaleIndia2009-03-27 17:06:00
Waivers (I-601 and I-212) and Administrative Processes (221g)How to avoid AP/Denial
Yes you can be put into AP for relationship proof like my SO and I were - but having the proof with you won't necessarily avoid it. We had a vast majority of what was requested to be handed in by the CO at the interview but the CO stated he would not look at it at that time and to hand it into VFS [the company that handles the paperwork for the Indian Consulates]. The list of paperwork requested on our 221(g) included a voter's listing which is mentioned NO WHERE in anything I've researched over the last few months and I've been diligent in my research. And, as I just mentioned, in our case the CO refused to look at what we did have - just having it with you is no guarantee you'll avoid a 221(g) for relationship proof. On the flip side, it was pretty easy to turn around and get the requested paperwork into VFS having had 90%+ already together.
catknitFemaleIndia2008-11-17 19:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)6 months of AP
I wholeheartedly agree that having your relationship questioned is a horrible, horrid, experience. We still don't know if all the supplemental information we sent in on our first 221(g) finally answered that question. We did get a 2nd 221(g) for additional information that had nothing to do with our relationship, so we are taking that as a good sign...but the bonafides of a relationship can be sooooooo subjective. Part of me wishes we were just put straight into AP for security checks, at least I would have known that the relationship hurdle was crossed.
catknitFemaleIndia2008-12-04 15:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)What exactly is AP anyway?
I'd double check with DOS tomorrow and see what their system says. If you are on AP to be re-adjudicated as your reps have asked for it should say so with DOS...
catknitFemaleIndia2009-01-15 23:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)For those who've had returned K1 petitions
I think one of the great strengths of a forum like this is the fact there are those who went before us...

That's why I even presented this question - the attorney's whose strategy I've outlined in this thread is from one of the better known firms who handle cases in India frequently. The firm has a good reputation. The reason I presented it here is the fact that I've read again and again about being super careful with returned petitions - not to mention having 2 K1 cases existing at the same time. [This attorney is recommending exactly what brnidokiegurl mentioned in her post - refile immediately and use the new approval from the second petition as proof the relationship was real all along].

I've talked to many people at this point [congressional people, attorneys, calls to DOS and NVC, the embassy - anyone who'll talk to me] and everyone has their own method.

Some attorneys I wouldn't touch with a 10 foot pole - after getting their background [even those in ALIA] it's evident that they do, say, corporate employee/employer work and not family based work...people who are looking to retain an attorney do need to know the right questions to ask.

I'm just scared at this point that I'll make things worse, even with an attorney - it's hard to come thru this without your confidence rattled.

catknitFemaleIndia2009-01-22 23:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)For those who've had returned K1 petitions
Thanks for the feedback - I'm just interviewing/consulting attorneys right now so that's why I wanted to get some feed back on a couple of the strategies being proposed. I have read thru the great list of resources you've provided emt103c!

Maybe I just don't have a strong grasp of the complete issue at hand, but I followed his logic with this...that if the 2nd petition is approved, we've just reaffirm the 1st petition - is a weird backward method. And, I followed that the timing would be better considering it appears that VSC isn't into letting petitions just expire. I specifically asked about having 2 "live" petition and the possible fraud/misrepresentation issues. This attorney said there is nothing fraudulant about having two petitions open at the same time specifically if it is plainly outlined in the correspondence with USCIS.

I am working diligently with my senators/congressman. Currently, we are working on getting the specific reasons [if they will give them] about the denial as well as trying to convince the consulate to allow a joint interview.

It seems the common thread I've heard from many of the people who I've had consults with is, to be blunt, the Consulate thinks I'm being duped or I'm in cahoots for a marriage of convenience - even the congressional liasons brought it up. I've also been told by each person [including the congressional people again] that pleading on the basis of love will get us nowhere. So, I've requested via phone and email to the consulate that the case be re-opened. All three congressional offices are asking for the same thing as well as requesting joint interview the 2nd week of March. Is there more I should be doing?

But I feel like my hands are tied until I get word back from the liasons...that's why I'm talking to the attoneys. It seems like everyone has a different take on what to do!

Any advice would be greatly appreciated.

Edited by milo75, 16 January 2009 - 10:34 PM.

catknitFemaleIndia2009-01-16 22:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)For those who've had returned K1 petitions
Ok - as some of you may have seen on the AP Tracker thread - my K1 petition is being returned.

While I'm hoping that my congressman and senators may pull some political magic and have the case reopened but until I get word of how that is going I've been interviewing attorneys. Today I was posed an interesting strategy.

First - a little about our case: We had red flags the size of Texas - only 1 visit, recently divorced, and I couldn't attend the interview under threat of losing my job and trying to be the responsible one I figured with the economy I'd chance it. Bad choice - especially for New Delhi!

The proposed strategy:

Have the case return to USCIS [in my case VSC]. Follow up with any requests they have over time.

Go back to India for another trip - get tons of pics and documentation [Estimated date 3-09].

After returning from the trip refile a new K1 including in the cover letter information about the 1st petition, the 1st interview, plans made had the visa been approved, all new information from the 2nd trip, and all correspondence/emails/chats/telephone records available for the duration of the relationship.

Now here's the thought - if USCIS approves the second petition it is proving that the original relationship was true and that there is still an ongoing relationship. This attorney's thought is this is a loophole around waiting for the 1st petition to be re-adjudicated. Additionally, it will carry more wait at the interview because it will be reaffirming the 1st petition that the Consular recommended to be denied...

This attorney was anti-DCF in my case - he felt that moving to India may reek of desperation and that if the Consular officer is feeling that I've been "duped" into a fraudulent relationship, dropping everything and moving overseas would add to their fire.

So, to the experienced and the arm chair attorneys...does this strategy hold water?
catknitFemaleIndia2009-01-16 20:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)case sent to nvc from consulate
You're asking the proverbial $64,000 question!

You can:

#1 - call the consulate and try to speak with a consular officer and plead your case to have the petition looked at again.
#2 - call the consulate and try to speak with the head consular officer and plead your case to have the petition looked at again.
#3 - fax the consulate a letter stating your are requesting the petition be kept and looked at again
#4 - contact your Senators/Congressman and ask their liaisons to please request to have your case looked at again.
#5 - email the consulate again pleading to have your case looked at again.

In each of the above cases, you should also ask if there is an additional information you can provide at this time to help the case...

I've tried all of these and have so far gotten absolutely nowhere.

If someone has a better plan of action I would love to hear it!

When the petition is returned to NVC it will then be dispatched back to the service center from where your file first came...either VSC or CSC. A K1 visa or a K3 visa I believe can expire and CSC allows that to happen. If your service center was VSC, they like to hold onto the petitions and either reaffirm them or revoke them. I found out today from my congressional liaison that VSC is currently processing returned K1s from March 2004. Yup - 5 year wait!

Personally, I would check with an attorney about proceeding with the I130. If your petition was returned on the basis of lacking a bonafide relationship and your I129 and I130 were approved at the same time I'd be willing to guess the consulate would just deny again and send it back to USCIS - it's the same evidence as the I129 you interveiwed with. But, I'd run that past an attorney - and maybe a few of the people here who have been in this position...It seems to me there are many theories on how to handle petitions that have been returned.

catknitFemaleIndia2009-01-22 20:14:00
Waivers (I-601 and I-212) and Administrative Processes (221g)case sent to nvc from consulate
I'm so so sorry - truly I am. Please try and enlist the help of your elected officials. They may or may not be able to do something for you. My case is supposedly on its way back to NVC also though it hasn't yet reached.

There is a great topic pinned in MENA as well as a few here with links to various articles about the return of petitions.

Please know that there are a few of us in the same boat from India...if you need some support let me know!
catknitFemaleIndia2009-01-22 16:25:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I GOT APPROVED !!!!
Warmest Congrats!!!!!!!
catknitFemaleIndia2009-01-27 20:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is both petitioner and beneficiary notified when k1 is denied..
Oh and if you get tied up in AP [like a 221(g) for more documentation] - the embassy can deny without you present and send you the paperwork after the fact.

There are quite a few of us [with SOs from India] who've had that happen recently. The courier just returns everything with the final 221(g) outlining the denial even though at the interview the CO requests additional info - I don't know if that's this OP's case - but it does happen.
catknitFemaleIndia2009-01-28 16:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is both petitioner and beneficiary notified when k1 is denied..
QUOTE (YuAndDan @ Jan 28 2009, 04:30 PM) <{POST_SNAPBACK}>
USCIS usually notifies the petitioner by MAIL about the denial, and gives the petitioner a chance to appeal the decision.

The notification tends to be months after the denial.



This is not necessarily true any longer. It appears a change in procedure may have been implimented in May 2008.

http://www.dhs.gov/x..._2008-05-23.pdf

"For instance, K-1 petitions are temporally limited and may expire due to the passage of time.
According to 8CFR 214.2(k)(5), an approved K-1 petition is only valid for four months. Consequently, in a number of cases, the K-1 petition will have already expired by the time DOS returns it to USCIS. Once a petition has expired, it may not be reviewed by USCIS. Furthermore, Petitions for Alien Fiance(e) (Form I-129 F) returned from a Consulate, Embassy, or NVC after approval may not be revoked, as there are no provisions in the law or regulation for revoking the approval of an I-129F."

IF the petition is returned unexpired [so less than 4 months from the NOA2 date] - then MAYBE it could be reveiwed. It appears the most you will get at this point [if the petition is expired] is a receipt that the denied petition has returned to USCIS from how I've read this.

catknitFemaleIndia2009-01-28 16:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
Well - I'm looking at arriving maybe as soon as the 28th [waiting on my sis's decision to join me]. So, it looks like they will be getting consecutive mad women and not 2 at the same time. I'm thinking they couldn't handle us together though - that has international incident written all over it!

On the flip side - maybe it will prove they don't want us there as expats.
catknitFemaleIndia2009-01-27 21:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
kaushalia - it will be us - soon enough!!! In the mean time we can take delhi by storm...
catknitFemaleIndia2009-01-27 20:32:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
Ann 26,

So...at this point in time what's going on with your case? You filed a K1 and it was denied? Now you're married and refiled for a K3 or CR1/IR1?

Are you two together now?


catknitFemaleIndia2009-01-23 14:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
kaushalia,

That's how it was explained to me by one attorney - another attorney gave the option of marriage to "nullify" the first K1.

#1 Attorney said refile immediately - if USCIS approves the second petition [with all the original info and more proof and a cover letter explaining what happened at the interveiw] they are reaffirming the 1st petition [denied by the CO]. The CO at the 2nd interview can NOT deny on the same basis as the 1st interview [given that the denial was not enough relationship proof/lack of bonafides; the 2nd petition's approval proves that USCIS believes there to be a true relationship]. This is a short cut to circumvent the 5 year wait at VSC for reaffirmation/revoke - CSC may be a completely different story. If they DO expire petitions in a timely manner it may benefit you to have the expiration notice before filing again. I'd see if anyone here has experience in that!

#2 Attorney said get married - by no longer being able to marry you have nullified the K1 petition. Refile under the visa that best fits your wants/needs/time frame after the marriage.

Let me also explain that these were 2 of many I researched - just the only ones I felt had the experience to qualify for consultations. I'm still waiting on a few more to schedule consults....


catknitFemaleIndia2009-01-23 13:02:00