My friend is a citizen and has petition his wife and (2) step children in Germany. He filed an I-130 along with an I-129F in 2006. On 2/2007 the I129F was approved and a copy was sent to his lawyer whom did not file the petition for him. Anyways his step children had an interview in Germany with the consular office and it was approved. He was asked what happen to his wife and he stated he did not understand why she did not receive any appointment for her visa. On 5/23/2007 he recieved a letter from Frankfurt Germany stating the the I-129F petition has been returned to the Dept of homeland Security,USCIS through the National Visa Center for REVOCATION. It also stated that marriages taking place in an Islamic Center are not recognized marriages in Germany. So my friend went to Germany and Married his wife there. He infored the Consular officer about this and he advise him that he would have to wait for an answer. We are very confused and really need help.
Thanks!

We do not need your "friend" (ie. you) here and we do not welcome terrorists in this country. Sounds like USCIS got it right for once.

"we should invade their countries, kill their leaders and convert them to Christianity." Ann Coulter

Opel, please don't take it personal what Michael said. I think as an associate member here now, you would know that some members here have issues, but we don't all think along the same lines.

Hope you get some better answers soon

What the f...uck is wrong with people? There is a desperation to move to this country, break the laws and be here either way, raise the flag of their own country and yet have f...ucking guts to bad mouth America. Why don't you f...ucks move back to where you came from? Was your country not worth living anymore that you moved here? If yes then STOP THIS **** and BS. Be American and Assimilate In AMERICAN culture.

Thanks Sprint girl07, I really dont care what Sonof whatever has to say, and your right he does have issues, maybe his mama never loved him, however - just wanting some advise for my FRIEND, NOT ME, I dont have answers for him so therefore I thought he may get answers from this discussion board, Why are so many people HATERS! Just as an FYI, I didnt know that people can come on this discussion board like "REGULAR MEMBER" and have to swear so much, I wonder who raised him! Maybe they are related -???

If I'm not mistaken you only have 30 days to file an appeal on a revoked visa.

He applied for a marriage visa for someone he was not marrried to.

My guess would be that a new petition would be required. The big issue is whether they consider the original application stupid rather than fraudulent.

Lawyer time.

What confuses me in this is that the step children were approved. If the marriage wasn't recognized, then they wouldn't be eligible for derivative benefits.

The marriage is not FRAUD. They have (1) child together he is 18 months old. He also has been supporting the step children for the last 41/2 years, paying for their school in Germany along with everything else. Since it has been over a year since he received this letter "Does he have to reapply for another I-129F?" Thank you for your advice.

I'm not saying it is fraud, Opel, but you said that one of the reasons given was that the marriage wasn't recognized in Germany, which to me, would mean that the children wouldn't be considered for derivative status.

Did he actually receive a letter on the revocation? If so, what grounds did it give exactly?

You do not have to be married to have children, or support them.

US Immigration law only recognises spouses.

Needs a Lawyer.

Thank you for your response, the letter states that "You will be contacted by USCIS in order to further process this case and will be offered the opportunity to present additinal evidence related to the validity of your petition." Please note that marriages taking place in an Islamic Center are not recognized marriages in Germany. As a result, we recommend that you please keep the USCIS service center where you originally filed your petition advised of any changes in your contact information." Dated May 23, 2007.
I am just so confused, about all of this. Can you please advise?

ThErE Is bUt oNe sTeP FrOm tHe gRoTeSqUe tO ThE HoRrIbLe.

quote:

Originally posted by OPEL:
Thank you for your response, the letter states that "You will be contacted by USCIS in order to further process this case and will be offered the opportunity to present additinal evidence related to the validity of your petition." Please note that marriages taking place in an Islamic Center are not recognized marriages in Germany. As a result, we recommend that you please keep the USCIS service center where you originally filed your petition advised of any changes in your contact information." Dated May 23, 2007.
I am just so confused, about all of this. Can you please advise?

Opel, that was well over a year ago. Has he not received anything at all since then?

I would suggest an infopass appointment so that he can try and find out exactly what's going on. He may need to re-file given how much time has passed.

Also, Theone, these aren't the sponsor's biological children, so I stand by what I said - that it seems odd to me that they would be approved if the validity of the marriage is in question.

Opel, did the kids go to the US after their approval, or are they still with the mother?

Aroha, thanks for responding, the kids are with the mom in Germany and will be coming within (2) months, the baby would stay with the mom until she can come. Also, he never received any other letter from the counsel, he is here now. So would he have to refile or should he write a letter to the National visa center or USCIS? He did a info pass and well they said he would just have to wait, and well he has been waiting a long time. Thank you again for your advice.

I have seen mention of all sorts of mistakes by USCIS etc. The one thing in common is that when they are eventually found out its your problem not theirs.

In this case we have second hand information, I am assuming that the bit about the marriage not being legal is true. I can think of all sorts of reasons why but which one could be right, no idea.

They need a lawyer.

Second hand information??? What does that mean?

Theone, the marriage is TRUE. They have (1) child together and (2) step children. And working on a 2nd child together, its just odd how people right away assume its fraud, well I would not waste anyone's time in any FRAUD/MARRIAGE. And as far as USCIS I agree with you, and thanks for all the answers.

There's a potential problem with the 2 step-children unfortunately Opel. If they were approved back in '07 and their visas issued, then they've more than likely expired. The visas are only valid for 6 months, so if they're not used within that time, the process needs to be started again. He needs to get his wife to check the expiry date ASAP.

As to the rest, it's a concern that he's not heard anything in 13 months. How long ago was that infopass appointment? He could try contacting his local senator/congressperson for assistance. They may not be able to speed up the process any, but he would get a definite answer through them as to the status of the petition and whether it's actually still in the works.

Engaging a lawyer, as Theone said isn't a bad idea. They may also be able to get answers more readily as to what's going on.

I am getting confused.

Opel said this was a friend, opening comment in first post.

Also said the marriage was not legal.

My comments are on the basis that both are correct.

From what you have disclosed from the recent communication from USCIS, your friend's marriage in Germany does not meet the immigration standards of a "valid" marriage. That does not mean that it is a fraudulnet marriage at all, it simply means that it was not recognised as valid in the country in which it was conducted. Your firend must demonstrate that the union with his foreign spouse is recognised as legal, then resubmit his petition.