ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Case Filing and Progress ReportsRFE
QUOTE
How would you know if the agent was telling the truth? You didn't get an RFE so the point is moot. Your case isn't even looked at in detail until it hits the adjudicators desk. How could they issue you an RFE 4 or 5 months prior if they haven't even looked at it?


I am not going to get into a debate about whether or not the agent was telling the truth. Neither of was standing over him when he looked into the system and told me that if there was a problem it would have been noted already. I simply stated what occurred. You seem like this issue hit a hot spot with you, but once again I am not the one...find some one else to argue with. We are here to share our experiences. Have a good night smile.gif
Asante MaroonFemaleGhana2007-11-04 17:08:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsRFE
QUOTE (Jamie76 @ Nov 3 2007, 09:34 PM) <{POST_SNAPBACK}>
QUOTE (Asante Maroon @ Nov 3 2007, 07:29 PM) <{POST_SNAPBACK}>
QUOTE (Missy1 @ Nov 2 2007, 08:35 PM) <{POST_SNAPBACK}>
I received a touch yesterday, and a touch today....but no email? How do you know if it's an RFE? Can someone give me some answers if they know.....? I am just too curious......


I was really nervous when I first filed and I was wondering if I would be sent a request for additional info. When I called the USCIS a few weeks after they received my petition, I was told by an agent that a request for additional info would have been recorded in the system already, so I had nothing to worry about. Maybe you can call and inquire for clarification.

Hope this helps


That isn't true at all. We sent our petition in on June 4th. NSC received it on June 7th and it finally made it to CSC on the 19th of June. We did not get our RFE until Oct. 31st. The agents will tell you pretty much anything they want to. End of story.


Well I guess I believed it because I never received a request for additional info and my petition was approved since then. Your case may be noted for an RFE in their system, but it does not mean that they send that request out to you immediately. Not sure how their process works but in my case the agent was telling the truth.
Asante MaroonFemaleGhana2007-11-04 08:56:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsRFE
QUOTE (Missy1 @ Nov 2 2007, 08:35 PM) <{POST_SNAPBACK}>
I received a touch yesterday, and a touch today....but no email? How do you know if it's an RFE? Can someone give me some answers if they know.....? I am just too curious......


I was really nervous when I first filed and I was wondering if I would be sent a request for additional info. When I called the USCIS a few weeks after they received my petition, I was told by an agent that a request for additional info would have been recorded in the system already, so I had nothing to worry about. Maybe you can call and inquire for clarification.

Hope this helps
Asante MaroonFemaleGhana2007-11-03 19:29:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsApproved...yes!!!
WHY DON'T YOU BELIEVE IT GIRL. WHY DID YOU EVEN DOUBT IT??? GOD IS GOOD!!!!

CONGRATULATIONS MISSY! I AM SOOOOO HAPPY FOR YOU! kicking.gif
Asante MaroonFemaleGhana2007-11-06 20:06:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNOA 1--Wooo hoooo Vermont!!
Did you have to do an IMBRA waiver? If so what did you have to write? how complicated is it?
cjindiaMaleIndia2007-07-10 09:59:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFiance Visa sent back to NVC

The same attorney who wrote the above referenced article is advising me to refile my K-1 as well. It's a ####### shoot. No one is being advised to ignore the NOID or NOIR and go ahead with a new petition....but there are cases where the embassy has simply either ignored or forgotten about the first petition (pending) and went ahead with the second interview and issued the visa. This is rare, but happens. The Embassy is obligated to process EVERY petition, they can hold off on this, but not forever.
The problem is that CSC is not readjudicating the most recently returned petitions. I don't know why, other than work overload and the fact that these petitions do not take priority. They will simply 'expire' them and make no ruling (at CSC). You can wait 6-8 months or more for them to simply tell you that the petition is expired. Then they will tell you that you are welcome to reapply.
I don't know if VSC is doing the same thing, but we'll see. It's $170.00 chance that I, for one, am willing to take if it means my fiance can be here sooner and the government can't steal anymore precious time from my fiance and I.
I think as long as you deal with a NOID or NOIR, IF you get one, you can't be charged with misrepresentation.
By re-filing and requesting and IMBRA waiver, USCIS can't forget about you.............while we wait in vain for some answer that may never come.
The second petition should address any and all issues in the forfront of the CO's mind, even if they didn't put all their speculation and prejudice all in writing on the return petition memo.


Is there a congressman involved with your case?
how long did it take to ccome back to Vermont?
cjindiaMaleIndia2007-07-09 18:27:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFiance Visa sent back to NVC

The same attorney who wrote the above referenced article is advising me to refile my K-1 as well. It's a ####### shoot. No one is being advised to ignore the NOID or NOIR and go ahead with a new petition....but there are cases where the embassy has simply either ignored or forgotten about the first petition (pending) and went ahead with the second interview and issued the visa. This is rare, but happens. The Embassy is obligated to process EVERY petition, they can hold off on this, but not forever.
The problem is that CSC is not readjudicating the most recently returned petitions. I don't know why, other than work overload and the fact that these petitions do not take priority. They will simply 'expire' them and make no ruling (at CSC). You can wait 6-8 months or more for them to simply tell you that the petition is expired. Then they will tell you that you are welcome to reapply.
I don't know if VSC is doing the same thing, but we'll see. It's $170.00 chance that I, for one, am willing to take if it means my fiance can be here sooner and the government can't steal anymore precious time from my fiance and I.
I think as long as you deal with a NOID or NOIR, IF you get one, you can't be charged with misrepresentation.
By re-filing and requesting and IMBRA waiver, USCIS can't forget about you.............while we wait in vain for some answer that may never come.
The second petition should address any and all issues in the forfront of the CO's mind, even if they didn't put all their speculation and prejudice all in writing on the return petition memo.



My lawyer said you can always withdraw the petition if the 1 st goes thru. Interestingly you also are at VSC. Let me know if they approve your petition.
cjindiaMaleIndia2007-07-09 18:23:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFiance Visa sent back to NVC
I have already published the details various times. I am quite taken aback by your remarks. I published everything over the last month under Asia-South, this was moved to this forum somehow.

I am very aware of every detail of the case

The five questions were:
How did you meet? Thru my fiances aunt.
How long did you know each other prior to engagement? - 6 months
Write his name down
Have you ever been married? No
Has he ever been married? Yes
Have you ever travelled outside India? No

Then he handed her a preprinted 221g.




If the embassy of consulate returned the case to USCIS (NOID) you will need to have your lawyer overcome or appeal the embassy officer's decision it at USCIS, you cannot just file another petition for the same person, there will be a note of misrepresentation on that persons file at USCIS that needs to be dealt with first before the embassy will interview for another visa. No way to withdraw a K-1 petition once a visa interview has been conducted and ruled on by a consular officer, you now have to deal with the denied one first.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/a...0323-ellis.shtm



We are not applying for a K3, instead my lawyer advises to

1. pursue the rejected consulate interview
2. at the same time, reapply for a new K1 and work thru USCIS to make sure they are aware of the new application.


Nevertheless, you're going to have to deal with the NOID. We can be of more help to you if you'll provide the details of the evidence viewed or discussed as well as the 5 questions and answers. The devil is in the details and your post gives the impression you are detached from the process and the relationship. This could have a lot to do with the NOID.


cjindiaMaleIndia2007-07-09 16:12:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFiance Visa sent back to NVC

If the embassy of consulate returned the case to USCIS (NOID) you will need to have your lawyer overcome or appeal the embassy officer's decision it at USCIS, you cannot just file another petition for the same person, there will be a note of misrepresentation on that persons file at USCIS that needs to be dealt with first before the embassy will interview for another visa. No way to withdraw a K-1 petition once a visa interview has been conducted and ruled on by a consular officer, you now have to deal with the denied one first.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/a...0323-ellis.shtm



We are not applying for a K3, instead my lawyer advises to

1. pursue the rejected consulate interview
2. at the same time, reapply for a new K1 and work thru USCIS to make sure they are aware of the new application.
cjindiaMaleIndia2007-07-09 15:41:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFiance Visa sent back to NVC
I just spoke to my lawyer, the embassy is giving him the runaround as well. He told me to reapply. He said we can withdraw it at any time, but this way we will have the petition in front of VSC. And then we can provide additional proof of relationship. The embassy claims that my fiance was unable to prove the relationship, yet they asked her just 5 questions. My lawyer told me to get more proof. get more pics when i go to india in sept. Argh,.. what a nightmare..

My congressman said they are planning to agressively pursue this case on their end as well.
cjindiaMaleIndia2007-07-09 13:46:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsWaiting for a NOA2 from VSC for your I-129F?
QUOTE (AnewKINDofFEELIN @ Dec 4 2007, 06:31 PM) <{POST_SNAPBACK}>
Well, you are not even out of order yet. There is nothing the Senator can do but to ask VSC to speed up in general. There are still petitions in front of yours and it would be illegal for them to move you up at the Senator's request.

Seriously, you shouldn't even be calling yet. If you aren't touched by January, then you should start barking.



I thought there were people approved from Aug already?
cjindiaMaleIndia2007-12-04 18:32:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsWaiting for a NOA2 from VSC for your I-129F?
My 129f was sent in July 27, I got my NOa1 - Aug 7. Since then not a single touch or anything. My dad and I are going to see a congressman tomorrow, he knows my dad from a bunch of other stuff they worked on together.. they said they would help and to come in..

what should i ask them to do?

I call USCIS and all they do is brush me off and say you need to wait 6 months...

any advice on how the congressman can help?
cjindiaMaleIndia2007-12-04 18:28:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAlone Again
Yep haven't see christopher since the beginning of April!!!!
It is terrible. And the NOA2 is draggginnng.
freecakeFemaleUnited Kingdom2007-06-25 22:49:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFRIDAY THE 13TH NOA2!!!
awesome!!! congrats!!!
freecakeFemaleUnited Kingdom2007-07-13 13:59:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVSC
all of us Vermonters know that it slowed down for the people who filed in May this year. So yes. Vermont has slowed compared to a couple months ago.
freecakeFemaleUnited Kingdom2007-07-13 16:23:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVisa Fairness
Cassie, I'm actually going to have to agree with you. I actually feel bad for those people sitting there processing our visas. i live in nyc and the number of illegal people here is astounding. i believe in a better life for people and if it means living in the usa then great. but i feel like we're all just really rolling over and taking it by going about it the legal way. the unfairness of this really bothers me.
freecakeFemaleUnited Kingdom2007-07-22 10:16:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVisa Fairness
I have great love for Brazil, but i really dont see what this has to do with brits and germans :(
freecakeFemaleUnited Kingdom2007-07-22 10:08:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMAY FILERS!! SHARE UR GOOD NEWS!!
VSC has been taking three-ish months now too.
we were all looking at march filers dancing around now everyone in may has waited 90-115 days
freecakeFemaleUnited Kingdom2007-08-25 11:03:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMAY FILERS!! SHARE UR GOOD NEWS!!

Been touched for the very first time today, Hope this is a good thing


Ohhhh good to hear, I'm only a few days after you with Vermont and was getting a bit antsy lately
freecakeFemaleUnited Kingdom2007-06-12 19:52:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMAY FILERS!! SHARE UR GOOD NEWS!!
i have been unnecessarily antsy due to filing through VSC....
but we've already talked about timing and when he's coming if all goes well due to work and packing and wrapping everything up at home so i'm trying to be optimistic about the wait.......
freecakeFemaleUnited Kingdom2007-06-05 10:18:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMay filers who already received NOA2
yeah my case is going fast now that we graduated from VSC.. Hope it continues on this way because that was a terrible wait!!!!
My friend on here, "Clarky and Tarah" also got their notice from NVC within about a week and a half. But we both went through Vermont onto London so sounds like a trend...

by the way - to bszoom - I can't believe how fast you are flying! You were one of the earlier May approvals and now you're interview date is like .. NEXT WEEK?! Wow. I think our interview will be scheduled for end of November, looking at London wait time...
freecakeFemaleUnited Kingdom2007-09-08 07:20:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMay filers who already received NOA2
Yes, we were approved August 10, but I went through VSC...so not sure about Nebraska
freecakeFemaleUnited Kingdom2007-09-03 07:33:00
K-1 Fiance(e) Visa Case Filing and Progress Reportscase rejected from an August filier (CSC)
yeah i bet you it's because of the G325A - you need all the pages of that as they are copies for different departments.
i am really sorry to hear about this. being a May Filer (gggrrrr!!!) i know the wait is tedious with no problems at all. best of luck to you
freecakeFemaleUnited Kingdom2007-10-09 13:32:00
K-1 Fiance(e) Visa Case Filing and Progress Reportsmay filer, any hopes of christmas in the US
INTERVIEW date depends on the country. we went through london as well and i noticed recent people usually get a date about 1.5-2 months from the time the embassy receives back their completed packet 3.
BUT yes, put down an intended travel date when you send that back. they do look at it.
freecakeFemaleUnited Kingdom2007-10-15 22:41:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsThe pending time is it different ... ???
I kindof think you're on to something. I've been thinking it too. I noticed a lot of my fellow UK May filers have already been approved in August, but that a lot of May people are still waiting. I'm always wondering if they look at files differently depending on fraud risk from that country, etc.. no idea if theres any truth in it though. that would involve coming up with statistical evidence.
freecakeFemaleUnited Kingdom2007-10-21 08:07:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsWhat a joke
we didnt send one, cuz they dont ask for one and it didnt matter. he took it to the interview. they must have wanted a look at it for some reason in this case. does happen
freecakeFemaleUnited Kingdom2007-11-10 19:24:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsTax Returns
depends on the country you are going with. for us everyone on vj said to bring the last three years, but we did and they didnt ask for a single one.
freecakeFemaleUnited Kingdom2007-11-12 16:16:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsI-134 Question for K1
I'm annoyed with this too. It doesn't say it anywhere on the I-134 nor did any of my fiance's instructions tell him to bring tax returns.
i got them ANYWAYS and sent them along because people here keep insisting.
freecakeFemaleUnited Kingdom2007-10-29 14:28:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsWoooooo....Approved!!
wooo yay !!!
freecakeFemaleUnited Kingdom2007-11-29 14:10:00
Philippinespregnant and waiting for k1
I think im going to hold ff on it...she is only one month into the pregnancy so God willing we are in good time with where we stand in the process
BYRON-LEIDYMaleColombia2007-08-16 14:20:00
Philippinespregnant and waiting for k1

Wow really!!! My fiance has a child already and her first pregnancy had difficulties...I think she is considered a high risk pregnancy..She has something called Preeclapsia...Do you think if I get a letter stating that she should be here sooner in order not to travel later into the pregnancy it would work?? I could also add that her insurance is not as good as mine.

Any suggestions?? :help:
BYRON-LEIDYMaleColombia2007-08-16 01:18:00
Philippinespregnant and waiting for k1
Wow really!!! My fiance has a child already and her first pregnancy had difficulties...I think she is considered a high risk pregnancy..She has something called Preeclapsia...Do you think if I get a letter stating that she should be here sooner in order not to travel later into the pregnancy it would work?? I could also add that her insurance is not as good as mine.
BYRON-LEIDYMaleColombia2007-08-15 21:50:00
Philippinespregnant and waiting for k1
You could add me to the list...my fiance is pregnant , about 1 month now... It was planned though
BYRON-LEIDYMaleColombia2007-08-14 12:03:00
Philippinespregnancy... and traditions
why not engage in a conversation with her parents?
what you get here might be a general tradition.. then there are regional traditions and village traditions.

i am just drawing from my wedding experience because i was born from another country, my father and mother are from two different cities in china. so i had two traditions conducted during my wedding. what i read on the internet was a variation to what i had for wedding tradition.

Edited by unlockingsky, 18 April 2012 - 10:32 AM.

unlockingskyMaleChina2012-04-18 10:31:00
PhilippinesReport her or Not?
gather the evidence and give it to the husband.

let the husband decide on the action.
unlockingskyMaleChina2012-04-29 08:16:00
PhilippinesBank draft
have you try contacting the bank she has there?
unlockingskyMaleChina2012-09-06 11:35:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsBrazil - São Paulo

11 meses???????????????????????? :angry:

"no comments!!!"


Mas no caso da Rosana (e no meu tb) teve toda aquela bagunca por causa do tal do IMBRA.

Agora o povo ta sendo aprovado muito mais rapido...
ReynaldoMaleBrazil2007-06-18 13:39:00
PhilippinesI RECEIVED PINK SLIP ONLY
Congrats!!!!
Asante MaroonFemaleGhana2008-07-07 22:27:00
Philippinesinterview done..
Congrats!
Asante MaroonFemaleGhana2008-07-07 22:26:00
PhilippinesVISA is coming!
CONGRATS kicking.gif kicking.gif kicking.gif
Asante MaroonFemaleGhana2008-07-18 23:37:00