biggish data

Our Interview Monday 2/22

congratulations, andrea!! doing the happy :dance:

for you

Twisted K

Female

India

2010-02-22 19:03:00

Magnificent Monday!!

congratulations, andrea :dance:

Twisted K

Female

India

2010-03-01 06:54:00

Finally my husband got his visa

congrats

Twisted K

Female

India

2010-03-17 11:23:00

Extra, Extra!!! Read all about it!!!

http://www.visajourn...h...240528&st=0

Twisted K

Female

India

2010-02-04 23:23:00

this thread has been a tremendous help for me and my husband.

Twisted K

Female

India

2010-01-26 13:31:00

Hi everyone Hope u r all feeling loved and blessed . My name is miriam and i am really looking for ideas on our next step. My boo went for his interview on jan. 8 and was denied, on the white paper given to him it says they r returning our case because marriage for immigration. Now i have contacted my congressmen and my senator but both havent gotten anywhere so far. My boo's brother thinks i should go there and marry him, i however dont know if that will help or hinder us. When he went for the interview we had all kinds of proof letters, cards, phone records, emails, IM's and even emails between him and my sister and my oldest daughter. I know the CO asked him why we didnt marry when i was there and he explained to her that my divorce wasnt final and i wanted to be married here with my family. I went there in feb of 2009 my divorce was final in june of 2009 and we filed in aug of 2009, so how could i marry him and not go to jail. She also asked why would he want to marry someone my age (38-31) like im 20 years older than him. Anyway can anyone please advise me. Be blessed

hi, miriam. sorry for your situation. we are just finishing up being denied in 2008, the refile, and now we are on AP. so if you are determined enough, and your relationship is truly valid you will win :star:

with that being said, what were the exact words on the denial? go over all the questions that he was asked. were there any answers he was unsure of or hesitated to answer? you will need to know what went on in order to really get an idea of how to proceed. in our case, we were denied the k1 for lack of relationship evidence, including an engagement ceremony. then we had submitted over 1 year's worth of phone records, emails, letters, and cards. still it wasn't enough. when we tried to comply with what they were asking (to the best of our ability) they told us our case was expired and being sent back to uscis.
which brings me to another question. when does your i129f expire? if you filed with california, they will let your petition remain expired, and you are free to refile anytime. we opted to get married and file cr1 instead since the i130 does not expire. if you filed originally with vermont, then i would advise holding off the getting married part because i have seen where vsc will revalidate the petitions.
so with that being said, go over every detail of your fiance's interview to see what the real issue is. if it is a complicated case, then i recommend getting an attorney who is experienced in denials. make sure they can show you documented proof of their success. i know there is an attorney that will pop in every now and then, marc ellis. you can find him on vj as ellis-island. he is well-known for returned petitions.
good luck to you, and if you believe it is real, then it will happen for you :star:

Twisted K

Female

India

2010-01-13 14:17:00

I sure did, my bad. I believe it was tany1157, but not 100% sure. Sorry about that

~kiyah~

no problem

i am kaushalia who used to bug u a lot at the end of 2008 and throughout 2009 :lol:

Twisted K

Female

India

2010-01-06 13:48:00

I have often said that this consulate knows who they are going to refuse even before the beneficiary is standing in front of them, and it is up to the beneficiary to convince them they are in fact eligible to receive the visa and the relationship is valid. So I feel it is very important to understand the quality of what is sent with the original file can easily determine the outcome, on top of what may happen during the interview when the beneficiary is questioned such as what happened to Twisted K.

By reading details Twisted K provided in another forum I can clearly see the consulate was prepared to refuse her fiancee's visa and successfully did so by asking questions that many husbands would not know of their wives like neice/nephew full names, addresses, birthdates, her supervisor names of her last 5 jobs. I can't tell you why the immigration officer felt he had to resort to this method other than it was the only way he could refuse the visa, but I have seen this before in Morocco.

~kiyah~

i think u might have me confused with someone else :unsure:

Twisted K

Female

India

2010-01-06 13:36:00

thank you kiyah :luv:

u and m4e have been tremendous help to me through this whole nightmare :luv:

it is like there is a light at the end of the tunnel, and this time it is not a locomotive

but the sunshine

Edited by Twisted K, 04 January 2010 - 07:27 PM.

Twisted K

Female

India

2010-01-04 19:26:00

husband had his interview this morning for cr1. was given the AP paper, but they kept his passport. for details:

http://www.visajourn...h...=235199&hl=

Twisted K

Female

India

2010-01-04 06:21:00

QUOTE (morocco4ever @ Aug 2 2009, 10:27 AM) <{POST_SNAPBACK}>

QUOTE (kaushalia @ Aug 1 2009, 12:53 AM) <{POST_SNAPBACK}>

July 31, 2009: Another touch on the expired petition?? I need them to work on the I-130! Leave the I-129F alone!! I think they like messing with my head

That must be frustrating, but on the other hand they haven't forgotten you.

Thanks Morocco, I don't understand what they are doing, but they are working on a Sunday, because, I just received another touch on the I-129F today

Twisted K

Female

India

2009-08-02 14:29:00

July 31, 2009: Another touch on the expired petition?? I need them to work on the I-130! Leave the I-129F alone!! I think they like messing with my head

Edited by kaushalia, 01 August 2009 - 12:54 AM.

Twisted K

Female

India

2009-08-01 00:53:00

QUOTE (~kiyah~ @ Jul 15 2009, 06:13 PM) <{POST_SNAPBACK}>

QUOTE (kaushalia @ Jul 15 2009, 05:45 PM) <{POST_SNAPBACK}>

Just a quick update. Our returned petition has been "touched" today. The note online has not changed, and still says they received our petition with a request to review. In our new I130 petition, I referenced over and over again our previous petition. I wish they could link it by social security number or something. The NOA1 for the I130 is June 29, but has not been updated since June 30th (probably just to send the letter). K1 is now null and void, since we are legally married. I would like to know what the "touch" means. Should I call and try to link it, or just wait?

Touches can be as simple as the file was moved from one location to another, and even from one desk to another. Hopefully it means they are looking at it and know about the I-130.

I don't know what you mean by call and "link it" but if I were you I would not do anything to cause a delay in my I-130, especially withdraw the K1 which is what they might ask you to do in this case. A withdrawn petition is not a good thing regardless of the reason.

I would just keep a watch on it and the I-130. Good luck!

~kiyah~

Thanks, Kiyah

I won't call them. When I was talking about "linking" it, i just meant while they are looking at the K1, if I could get them to look at the I130 too. I didn't think withdrawing would be a good thing either. We did not do anything wrong, nor misrepresent anything whatsoever. It is my understanding if we withdrew, we would be admitting that we agreed with the embassy, which we do not at all.

patience is truly a virture that i am still learning

Twisted K

Female

India

2009-07-15 22:08:00

Twisted K

Female

India

2009-07-15 17:45:00

that is sooooo awesome!!! congrats!!!

Twisted K

Female

India

2009-06-21 01:08:00

QUOTE (ZARQA @ Jun 18 2009, 12:58 AM) <{POST_SNAPBACK}>

update my case never was back, the email I got was for the I-130 my brother in law filed for my husband inshallah we will have a second interview, my case still in Madrid

Good luck

Twisted K

Female

India

2009-06-18 07:48:00

Congratulations, Just Chillin!! Sounds like good news

I am getting ready to file my I130 and am seeking advice on what to include in my cover letter. how to rebutt in a nice, civilized way. Any suggestions??

Twisted K

Female

India

2009-06-06 14:53:00

QUOTE (~kiyah~ @ Mar 11 2009, 09:57 AM) <{POST_SNAPBACK}>

QUOTE (kaushalia @ Mar 10 2009, 09:59 PM) <{POST_SNAPBACK}>

QUOTE (~kiyah~ @ Mar 10 2009, 05:29 PM) <{POST_SNAPBACK}>

QUOTE (kaushalia @ Mar 6 2009, 04:01 PM) <{POST_SNAPBACK}>

QUOTE (U.S. Wendy @ Mar 6 2009, 01:20 PM) <{POST_SNAPBACK}>

For those of you who remember me, you all told me not to refile until USCIS ruled on our first case; I ignored that advise and followed my attorney into unknown territory. I filed a new K-1 and my husband is here now!!!!!
Desperate times call for desperate measures.

I'm still waiting for USCIS to respond to my rebuttal of our first K-1 denial from April 2007.
I sent them everything in January 2008. My case is STILL pending.

Morocco is probably hip to this, so refiling there with a pending petition won't work, but it may work at other embassies where the fraud isn't as much of a problem....and I would advise ANYONE working with another consulate that is not a high fraud post to REFILE!!!

It will be interesting to see how long USCIS finally takes to rule on our first petition.....we originally filed October 2006. If I had waited, I probably would have jumped off a roof somewhere by now. We got married in September of last year and I coudn't be happier.

Hi, congratulations first off. What was your first K1 sent back for? What steps did you do to resolve? We were considering re-filing for a K1, but now are leaning towards getting married in September and filing for CR1. Your input is greatly appreciated, as you are the first K1 I have heard that refiled a K1 and received a visa. Very intriguing.

Honestly, I would not recommend just refiling the K1. If you can swing the CR1, you should do it, this is exactly what we did. However, key to our filing for the CR1 was that the returned K1 was officially CLOSED due to expiration by the USCIS. This gave us the green light to refile the K1, or get married and file a CR1. We chose to take the extra time to get married and file a CR1, not a K3. We wanted them to know we were serious, and we also didn't want the hassle of AOS once he got here, we had been through enough with our returned K1.

If you are wanting to get married and file the CR1, key to this is going to be the K1 closure. Even if you just refile either petition type, the USCIS will most likely approve it. It is the cosulate that will be the problem. They are going to want an answer to the file they returned previously, regardless. They would interview the beneficiary for the new file, BUT they can place it on hold until they get word on the returned file which is why it is important to have closure on that K1 before moving forward. Otherwise you do run the risk of wasting time, money, and causing further delays on the consulate end.

Our K1 was closed due to expiration, and we had the letter stating such as well as a letter from our lawyer addressing that returned file included in our CR1 petition so there was no room for questions regarding the returned petition. I do have a few questions:

How long ago was your K1 returned?
What type of notice have you received since it was returned?
Which service center is handling this returned file?

~kiyah~

Hi, Wendy, thanks for the update. Again, amazing. Hi, Kiyah, long time

Well, India said they returned our petition on December 29. I tried with the senators, and myself making numerous phone calls, faxes, and emails trying to get it kept there. All the way until I received notice on or around January 24th from NVC that they have received our case. It was returned to California USCIS on February 4 when I received an email from CRIS that they have my petition with a request to review, http://www.visajourn...howtopic=176749 . I now have the hard copy I-797C as of Feb 9. I have since, emailed Marc Ellis who told me to either refile the K1, or get married and file the CR1. Said at this moment, USCIS is no longer reviewing returned petitions after the expiration date. He also stated to never, ever withdraw the petition, which is what my current attorney (who admitted to me recently that he has never dealt with returned K1s only has with spouse and step-children) advised. This can also be found, thanks to Milo, fellow VJer going through the same thing on the Dept of State website. Here is the direct link to the memo: http://www.dhs.gov/x..._2008-05-23.pdf , see page 2. I am currently in contact with my senators (in queue once again, of course) to see if they can get the "official" expiration notice.
Just another side note, our case was to expire on December 4. He had his interview on November 12, given 221g, we responded by November 14. They reviewed our information, or not, on December 17. Didn't believe we had a valid engagement/relationship, and would not extend the expiration.
Again, Kiyah, thanks for your unlimited wisdom, I would not wish this heartache on my worst enemy.

kaushalia

I think you are on the right track...get that official closure letter then decide which filing is best for you, if you can swing hiring "a good immigration lawyer familiar with returned/denied familiy petitions/applications" to assist you in filing the new petition, do it. This is exactly what we did, and we do not regret that decision for one second.

I can also give you some advice on how to prepare the new filing. As I mentioned in a previous post, we treated the new file as if it were a rebuttal to the returned petition, with our attorney letter on top of everything, which did include information regarding the original returned petition/application and his interview as well as why I was NOT filing for a non-immigrant petition for my husband. It was immigrant all the way and we were never backing down.

The new file for the CR1 was 4 inches thick, it contained 3 years worth of quality evidence that was organized in a way to make it very easy for the USCIS to adjudicate as well as the consulate to review before the interview...we left no stone unturned, and no room for doubt by a reasonable human being. My husband carried a full copy of the petition filed as well as all additional evidence gathered from the time it was filed up to his interview date to his interview with him. His interview was less than 15 minutes, the CO only asked about 5 or 6 basic questions before telling him he was approved pending background checks, she said she didn't even need the additional evidence but was impressed he brought everything with him.

So...which ever petition you choose, I can tell you how we filed ours, and how it was organized. Stay on your senator on getting that closure letter, it really is best. Do not hire that lawyer who says to withdraw the petition, he is clueless, fire him and move on. Ellis knows what he is talking about and he is correct...the record shows that USCIS especially Cali is not reviewing expired returned K1s, so getting that closure letter from them is what you need to move on "safely."

Good luck to you, and PM me if you have any questions at all. Take care

~kiyah~

I am very grateful for your help. I have added you on my friends list, and will definitely PM you. I have several questions. I can't wait to get started, but I guess we can't file the i-130 before we are even married, hahaha. Call me crazy, but I almost feel like this will be our chance to prove to the embassy that you cannot keep true love apart. Love will always find a way

Twisted K

Female

India

2009-03-11 12:42:00

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute

i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Twisted K

Female

India

2009-03-10 22:12:00

QUOTE (~kiyah~ @ Mar 10 2009, 05:29 PM) <{POST_SNAPBACK}>

QUOTE (kaushalia @ Mar 6 2009, 04:01 PM) <{POST_SNAPBACK}>

QUOTE (U.S. Wendy @ Mar 6 2009, 01:20 PM) <{POST_SNAPBACK}>

~kiyah~

Hi, Wendy, thanks for the update. Again, amazing. Hi, Kiyah, long time

Twisted K

Female

India

2009-03-10 21:59:00

QUOTE (U.S. Wendy @ Mar 6 2009, 01:20 PM) <{POST_SNAPBACK}>

Twisted K

Female

India

2009-03-06 16:01:00

QUOTE (morocco4ever @ Jan 28 2009, 12:22 PM) <{POST_SNAPBACK}>

QUOTE (kaushalia @ Jan 28 2009, 01:58 PM) <{POST_SNAPBACK}>

he is trying to check to see if there is anyway around this 30 day wait, then I will return a married woman. If not, then I will make another trip for marriage. 09/09/09 is looking really good, lol.

In Morocco you can get anything if you just grease some palms....lol

I hear ya, same goes in India (which is what he is thinking). I told my SO don't get used to that, lol. One website I was looking at said either the bride or groom has to have a 30 day residency. Another website said you have to submit at least 30 days. So I am wondering if I give my SO a copy of my birth certificate (I have already picked it up) can we turn in the info while I am there, and come back beyond the 30 days and get married, or is 30 days the maximum, in which case, he will have to turn the docs in before I arrive.

Twisted K

Female

India

2009-01-28 14:05:00

QUOTE (milo75 @ Jan 28 2009, 11:00 AM) <{POST_SNAPBACK}>

Here is a link explaining a new protocol that is being/has been [I'm guessing based on how the embassy decides to word the denial] for K1 petitions - I got this from an excellent phone consult with an attorney yesterday:

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

The handful of us dealing with returned petitions from New Delhi have had a statement in the denial 221(g) similar to:

"The Consular Officer has not revalidated your petition because xxxxxxxxxxxxxxxxx, the petition has expired as of date xxxxxxxxxxxx and will be returned to the National Visa Center."

As such, the interpretation can be - regardless of service center - the petition is expired. USCIS should not do anything - no NOID, no follow up - nothing. At least that's what this link and the phrasing on the denial implies.

"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."

Just something that those of us struggling with returned petitions should know - this is from May 2008 and there is nothing stating that the procedures may not change yet again. But for now, this should be what is happening.

This is excellent information, thank you for finding this out. I just let my SO know this (I know chatting while I am supposed to be working, shame on me,

) he is trying to check to see if there is anyway around this 30 day wait, then I will return a married woman. If not, then I will make another trip for marriage. 09/09/09 is looking really good, lol.

Twisted K

Female

India

2009-01-28 12:58:00

CR1 DENIED IN GHANA UNDER 221 G

the action to take will all depend on exactly what the 221g states. if they were requesting additional information, then you will just have to find a way to provide exactly what they want. failure to do so will result in the case going back to uscis like ours did last year.
if they are stating that your case will immediately be sent back to the uscis, then you will have to do everything you can to keep the case there, ie contacting your senators/congressmen.
also, consider getting a well-qualified attorney.
in the unfortunate event that your case does make it back to uscis, then start collecting evidence to rebutt the consular findings. the reason i say get on that immediately is because uscis only gives you a small window to turn in a rebuttal to any notice of intent to deny or revoke (NOID/NOIR). Good luck to you

Twisted K

Female

India

2009-12-15 06:39:00

The Stupid RFE Thread

Catergory: IV Package

Stupid RFE: For India, apparently you have to submit 2 police clearances. One from the District Police and one from the passport office. Especially for New Delhi, you have to have it for NVC, but other embassies in India, such as Mumbai, you can submit at your interview. We only submitted the district PCC.

Twisted K

Female

India

2009-10-30 16:31:00

visa issued

QUOTE (hyd617 @ Dec 19 2008, 07:51 AM) <{POST_SNAPBACK}>

some of yal may know me, as i was part of VJ for a long time!

but guess what!! my husband finally got his visa.. it was one painful and long year!!!

we were issued a 221 g at time of interview, and were told to wait 4-6 weeks for AP! but we waited 5 months!

its over and hes finally coming home to be with me!!! inshallah!!

never lose hope.. you will get the visa!!!!

Awesome!! Congrats!!! There is hope

Twisted K

Female

India

2008-12-19 09:21:00

VISA ON hand

Congrats and Merry Christmas

Twisted K

Female

India

2008-12-23 17:42:00

A Christmas Present... CR1Visa in hand

Twisted K

Female

India

2008-12-23 17:40:00

Going to see my husband!

Good luck, and have a safe journey. I pray you can bring your husband back with you

Twisted K

Female

India

2008-12-27 03:39:00

The long nightmare is finally over

QUOTE (Garu @ Dec 29 2008, 09:42 AM) <{POST_SNAPBACK}>

Well, after a long 13 months I am happy to report this nightmare is finally over. We arrived on a CR1 visa on Saturday December 27th at Miami International Airport.

The interview at the Lima embassy lasted 15 minutes but took four hours of waiting to get to those magic 15 minutes. The longest four hours of my life. No problems.

The processing at the Airport took 15 minutes but took three hours of waiting to get to those magic 15 minutes. No problems at all. The officer at the Immigration line was very nice and welcomed her, explained the process, and actually shut down the line with 20 people waiting so he could take us to the processing area.

The level of relief and relaxation the body feels after this is over is amazing. Never in my life have I experience such a drastic shift from tension to peace on such short time.

My hopes and prayers continue for all that have followed their hearts and chosen the road less travelled in spite of the pitfalls, challenges, pains, and difficulties that lie ahead.

Good luck and God bless all of you now and in your future lives together with your spouses.

Congrats!!

Twisted K

Female

India

2008-12-29 10:50:00

1 WEEK BEFORE MY INTERVIEW!

Good luck

Twisted K

Female

India

2009-01-02 11:53:00

relationship proof photos

Thank you all so much for your replies. I have sent my SO the link to the guides. Looking forward to more advice in the future as we prepare for these things

Twisted K

Female

India

2009-01-02 23:10:00

relationship proof photos

Hello, I don't know who all has viewed my recent upset, but my fiance was denied the k-1 visa for lack of relationship proof. I am planning a trip to see him within the next month or so, and we are going to start collecting additional evidence for our relationship. So, the question that has come to mind, of those who have gotten approval for the CR1 visa (which is what we are planning on applying for once our K1 is closed) what kind of proof did you submit? Was there a specific amount of photos you have taken together? What kind of photos were they? If 100, 500, or 1000 is what it takes, so be it. Did you just take it around your SO's country? Vacation spots? What? I am planning on taking several trips to get everything accomplished. Just don't want to go through another rejection. Please advise, I know nothing...

Edited by kaushalia, 02 January 2009 - 12:05 PM.

Twisted K

Female

India

2009-01-02 12:03:00

PCC Ahmedabad India

Hi, Vishal, ki haal chaal? I just spoke with my fiance, and he has lived in Delhi more than 5 years (I do not know if the length of stay is a requirement) but he got his from the local police department and the passport office. I hope that helps! Good luck

Twisted K

Female

India

2008-12-27 03:34:00

Visa approved and received

QUOTE (queuedup @ Jan 18 2009, 04:15 PM) <{POST_SNAPBACK}>

Congratulations!!

If you don't mind me asking, what evidence did you send with your I-130??

My thoughts exactly, for my "just in case"...

Twisted K

Female

India

2009-01-18 22:21:00

Visa approved and received

YEA!!! CONGRATS!!! THAT IS AWESOME!!!

Twisted K

Female

India

2009-01-18 09:43:00

NO VISA PA RIN

QUOTE (shanleybelle07 @ Jan 19 2009, 11:21 PM) <{POST_SNAPBACK}>

parang gusto ko na talaga umiyak...nakakaloka..
after 1hour of trying to get through in the embassy,na contact ko rin pero bad news pa rin, whoah!!!!!!!!!
nasa consulate pa rin daw ung papers ng anak ko,i asked why it takes that long e yong kasabay nya ng interview at nag submit din ng additional documents 1 day after we submit ours,e may visa na...sabi naman nong lady bka daw nd load yong consulate nya...unfairrrrrrrrrrrrrrrr! naka timing daw kami ng consulate na workload...grabe naman...bka daw abutin pa ng 1 month..sabi ko,i already have travel plan,ayon napagsabihan pa ako.
oh guys,please help me to pray...PLEASEEEEEEEEEEEEEEEEEE!

sorry, i do not understand what you said, except for requesting prayer. it is ok, because God fully understands, so the least i can do is pray to Him. God bless you.
kathy

Twisted K

Female

India

2009-01-20 19:36:00

Marriage Under Investigation

QUOTE (xavierwrk @ Jan 26 2009, 02:15 PM) <{POST_SNAPBACK}>

HI All!!

It's been awhile and I just signed back on to give an update. It's been well over a year and here is the latest news!

So last year, I inquired over telephone a few times as well as wrote a letter to Vermont. When I called I was able to speak to an agent who got the DHS to send a letter to me with an update, however it pretty much stated, "we're going to get to it when we get to it."

I inquired again in October with a letter to Vermont Service Center and got no response at all. I then did some more research online and followed up with a letter to the OBUDSMAN down in Washington around November. I did receive a letter back from them at the beginning of December that they had received my letter and were going to follow up for me. So, today I received a letter from DHS, here is what it says...

"This courtesy notice is to advise you of action taken on this case. The offical notice has been mailed to the attorney or representative indicated above. Any relevant documentation included in the notice was also mailed as part of the offical notice." Then it goes onto state, "This is to advise you that we have reaffirmed our previous decision on the above application or petition which the Department of State had previously returned for review. We have forwarded the case back to the Department of State for action."

So, I get on the phone with my lawyers office after I fax over the letters that I had received and they stated that this means that they have approved the request and they are sending back information to my lawyer on how to proceed.

For some reason, i'm still having doubts and in dis-belief unless i'm just mis-understanding... what do ya'll think?

it sounds very promising. I will keep my fingers crossed for you. Good luck, and please keep us updated. How did you get them to review your case? February, I am going to the embassy in my SO's country, trying to see what I can do too.

Twisted K

Female

India

2009-01-27 00:27:00

He's here!!!!

Twisted K

Female

India

2009-01-30 08:50:00