I'm us citizen and i did file I130 a petition for my wife so she can get her immigrant visa, her petition got approved by uscis, then approved by NVC, once in consulate they refused to give her a visa and they decided to send her file back to uscis for review. what happen is that i had before filed a fiancee petition I129 for my wife, it was approved by uscis, then i decided to file i130 since we got married and i wanted my wife to get her green card instead of waiting to adjust her status here. i didnt do anything to cancel the previous i129f petition i just ignore it but i did mention in my i130 petiton that i had a i129 petition approved. i dont khow if i did the right thing is that why the consular refuse to give immigrant visa? should i have to cancel the previous i129 petition before i started filing i130 i have the impression that the consular officer noticed the i129 already in system
what i need to do in this case. any help will be really appreciated
You know what I think? Before you take any crucial step, finding out why the immigrant visa was not issued by the consulate should be your first and foremost concern.
____________________________________________________________ Anything written above is an opinion, not official advice. Consult with a professional.
the consular officer asked my wife about our relationship. how did we meet,my last time of visit,my state of residence, my job after she checked our marriage certificate and other proof of our relatioship ( our weeding pictures, my last visit pictures, emails, money transfer receipts) she did verbally told my wife that she cant give her a visa. i did contact our consulate by email they told me that our case will be returned to uscis due to personnel nature of information in case with no further details
Wow! Your marital relationship is under the microscope. If I were you, I wouldn't do anything and let things stand as they are right now and wait. USCIS will send you, as the petitioner, most probably either an RFE or a Notice of Intent to Revoke/Deny for your approved I-130 petition. By then, you're at least clearer on how to approach the problem.
(This is just an opinion though, so take it or leave it).
____________________________________________________________ Anything written above is an opinion, not official advice. Consult with a professional.
Originally posted by abdul: ....what happen is that i had before filed a fiancee petition I129 for my wife, it was approved by uscis, then i decided to file i130 since we got married and i wanted my wife to get her green card instead of waiting to adjust her status here. i didnt do anything to cancel the previous i129f petition i just ignore it but i did mention in my i130 petiton that i had a i129 petition approved. i dont khow if i did the right thing is that why the consular refuse to give immigrant visa? should i have to cancel the previous i129 petition before i started filing i130 i have the impression that the consular officer noticed the i129 already in system
Yes, you should have cancelled fiancee petition!
It seams that your K-1 petition and approval was revoked due to no acitivity or respons from you / your fiance. The consequence of that is a charge of Misrepresentation under 212(a)(6)(c)(i) in your wife's file and a permanent bar on enetring the USA. That bar can be waived if an I-601 waiver is filed and approved.
Your wife wasn't offered to file a waiver, correct? I wonder why not. Do you have any more guesses what other problems may be? You were right about K-1 petition - it came to haunt immigrant visa petition.
To untangle the situation, you need a help of a good lawyer.
no they didnt give her any waiver form. they only told her that her case is going back to uscis for review. what about our i130 immigrant visa petition is it still valid sinse she was interviewed on july? i would like to have our i130 petition reissued back to us consulate since i had paid all fees any help???
My case is just like yours....I have been talked to Marc Ellis who was writing that article here in this forum...you can read the link of aneri mention for more detail. Anyway, Marc Ellis suggested me to withdraw the K1...I have done that since my wife was interviewed on Feb. 28, 2008. In this forum, I also found 2 persons who could help and advise what to do on the case just like yours and mine. As your case posted on Sept.28,2007 which is for today is 6 mos. ago could you please tell me what is your status right now...any respond yet from USCIS and what is the detail on the processing. I would like to know more on your case, so I have time to prepare my case ahead...Thanks. Hope to hear from you soon. Have a nice one. See u!
This message has been edited. Last edited by: Michael Tran,
Michael
Posts: 4 | Location: California | Registered: 04-28-2008
Please joint in this topic for now. Because my case is just like abdul. So you guys can discuss here to let him see well on his case too. I will write my story in detail later after this reply, so you guys can discuss helping and advising me what to do next..thanks again
Michael
Posts: 4 | Location: California | Registered: 04-28-2008
There is a legal term, "withdrawal". And there is another term being used, "cancel".
Withdrawing a Petition results in the revocation of that petition. It's called auto-revocation. I almost never advise people to withdraw petitions AFTER a beneficiary has been refused at the consulate. Because there are legal consequences.
I mentioned them in the article the posters Aneri linked to and Michael Tran mentions.
Now the term being used is "cancel". Does that mean withdraw the K-1? In most cases, DON'T DO IT! See what I wrote above.
I also wrote about the consequences of revocation on a beneficiary HEREand HERE.
Please people - don't go around "cancelling" or withdrawing petitions after a beneficiary has been refused at a consulate, at least until you've talked to a lawyer familiar with this process. That would be a form of "automatic revocation" at 8 CFR 205.1(a)(3)(i).
What can happen at a consulate after a K-1 is revoked and beneficiary goes to her IR-1 interview? A very strange provision of the DOS regulations can kick in. (Emphasis added).
9 FAM 40.63 N10 Miscellaneous 9 FAM 40.63 N10.1 Misrepresentation in Family Relationship Petitions (TL:VISA-313; 08-27-2001) Pursuant to 8 CFR 205, invalidation of a labor certification for fraud in accordance with the instructions of INS or the Department of State auto-matically revokes an employment-based immigrant visa petition. On the other hand, INS retains exclusive authority to disapprove or revoke family-relationship immigrant visa petitions. Thus,a misepresentation with respect to entitlement to status under a family-relationship petition, e.g., document fraud, sham marriage or divorce, etc., cannot be deemed material as long as the petition is valid. Upon discovery of a misrepresentation, the consular officer must return the petition to the INS office having jurisdiction over the petitioner's place of residence [See 22 CFR 42.43. If the petition is revoked, the materiality of the misrepresentation is established. -- Now, in my experience, not all consulates enforce this auto-revocation = material misrepresentation equation. But also in my experience, I almost never advise anyone to withdraw a K-1 petition after a beneficiary application based on that petition has been refused.
It's dangerous! Don't do it without competent legal advice.
Michael Tran's situation - if he is the gentleman I am thinking of - is rather different from most. I can't comment on any specific client's case.
In general though, don't do it.
This message has been edited. Last edited by: Ellis,
This isn't legal advice. Get a second opinion on any you read here - including what I've written.
Posts: 1 | Location: Viet Nam | Registered: 05-09-2008
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