mukherji933

meauxna wrote:
    > > That comment popped out at me also. I'm surprised the petition was
    > > approved if they weren't even engaged at the time it was filed --
    > > unless they lied on the petition and said they WERE engaged when they
    > > really weren't, which is bad, too.
    > >
    > > ~ Jenney
    > There was a recent thread on a similar topic.
    > There is no requirement to be "engaged" in any particular formal way
    > for USCIS purposes beyond sworn statements that you intend to marry
    > each other.
    > From reading other India posts, I know that "engagement" is a formalized
    > occasion/ceremony. I suspect the confusion in this thread is over that
    > term.
    > It is not a USCIS requirement that Indian couples have the engagement
    > ceremony before being eligible to file I-129f.
    > Again, based on reading of Indian customs here over the months, I
    > suppose that them meeting on a marriage based website and corresponding
    > for 4 months was too far out of the cultural norm and the CO just didn't
    > believe they are for real.
    > Time cures many ills.
    > --
    > Posted via http://britishexpats.com

I would like to know what my options are now, since I am fed up getting
confusing opinions from lawyers.
I was told that the embassy takes upto 6 months to 1 year to send the
paperwork back to TSC. TSC could extend the validity of approval of the
petition eventually (assuming), but I now don't want to take the route
of a K1 visa. What is the point? Embassy will again reject the visa if
we are to re-appear for the interview in 6 months to 1 year (or longer)
time from now. They may grant the visa, but based on the reasons they
cited for the rejection (reason being: officer wasn't satisfied about a
bonafide relationship existimg between us), my guess is they will
reject it again. Then we would have wasted lots of time and a second
rejection will really do a lot of damage to us.

So, my question is:
1) Should I have to wait for TSC to contact me (after TSC processes the
returned paperwork from embassy)?
2) Do I have to provide a response to TSC's letter to me when they
contact me? I am being told by lawyers that TSC will contact me and
give me a chance to explain why/if our relationship is not bonafide? Or
do I respond to TSC that there is no need to extend original approval
notice since I have married my fiancee in the meantime (see # 3 below)
3) I am thinking that it is now best to go to India and marry her and
file I-130 petition.

I confusion is: Do I have to wait to hear from TSC before I can file an
I-130? (I know I don't have to get TSC's permission to get married !
    :-)

What is the status of my original petition, now that the NOA has
expired and Embassy has not revalidated it?

If my original petition is still active, does that prevent me from
filing an I-130?

What will "kill" the original petition? (I understand that everything I
filed till now will remain on record).

TIA

mukherji933

I would like to know what my options are now, since I am fed up getting
confusing opinions from lawyers.
I was told that the embassy takes upto 6 months to 1 year to send the
paperwork back to TSC. TSC could extend the validity of approval of the
petition eventually (assuming), but I now don't want to take the route
of a K1 visa. What is the point? Embassy will again reject the visa if
we are to re-appear for the interview in 6 months to 1 year (or longer)
time from now. They may grant the visa, but based on the reasons they
cited for the rejection (reason being: officer wasn't satisfied about a
bonafide relationship existimg between us), my guess is they will
reject it again. Then we would have wasted lots of time and a second
rejection will really do a lot of damage to us.

So, my question is:
1) Should I have to wait for TSC to contact me (after TSC processes the
returned paperwork from embassy)?
2) Do I have to provide a response to TSC's letter to me when they
contact me? I am being told by lawyers that TSC will contact me and
give me a chance to explain why/if our relationship is not bonafide? Or
do I respond to TSC that there is no need to extend original approval
notice since I have married my fiancee in the meantime (see # 3 below)
3) I am thinking that it is now best to go to India and marry her and
file I-130 petition.
4) What is the processing time to get APPROVAL of I-130 petitions at
CSC (because I think Texas residents have to reference CSC dates for
spousal petitions)

I confusion is: Do I have to wait to hear from TSC before I can file an
I-130? (I know I don't have to get TSC's permission to get married !
    :-)
Do I have to write to TSC informing them that I am now going to marry
in India and will be filing a I-130 (and attach a copy of the 221(g)
that finaly rejected the visa) and also inform TSC in the same letter
to cancel the I-129F petition since I no longer wish to pursue it?

What is the status of my original petition, now that the NOA has
expired and Embassy has not revalidated it?

If my original petition is still active, does that prevent me from
filing an I-130?

What will "kill" the original petition? (I understand that everything I
filed till now will remain on record).


TIA

Noorah101

Getting married will definitely "kill" the I-129F petition. As soon as you get married, you're not eligible to follow through on the fiance petition.

I believe you can then begin the I-130 process, as long as you disclose the previous I-129F peition. Personally, I would give USCIS as little information as possible regarding the outcome of that petition. Just note that it was previously filed, when it asks on the forms. That's what I would do, anyway, as a layman.

Best Wishes,
Rene

mukherji933

Thanks Rene.

I checked form I-130 and it asks 2 things:
1) Has your relative ever been under immigration proceedings?
Choices are "yes" "no" and if yes, "where" and "when" and further check
boxes for "removal", "exclusion/deportation", "Recission", and"Judicial
Proceedings".
Does this apply to my fiancee (since she has appeared for the fiancee
visa interview?)

2) The I-130 also has a question:
Have you ever before filed a petition for this or any other alien?
"yes" or "no"
If yes, give name, place and date of filing and result.

Of course for this question, I will state "yes" and provide name, place
and date of filing.
As far as "result", is it better if I just answer "petition expired"
and leave it at that? Or should I also say "visa rejected and petition
also expired"?
I am in a fix since if wish to say as little as possible and just
answer "petition expired", will that amount to HIDING information? But
if I say "visa rejected and petition also expired" (which is what the
final 221(g) said, by the way) will it open a can of worms for the
USCIS and will I strike out there itself?

Thanks.
Noorah101 wrote:
    > > I would like to know what my options are now, since I am fed up
    > > getting
    > > confusing opinions from lawyers.
    > > I was told that the embassy takes upto 6 months to 1 year to send the
    > > paperwork back to TSC. TSC could extend the validity of approval of
    > > the
    > > petition eventually (assuming), but I now don't want to take the route
    > > of a K1 visa. What is the point? Embassy will again reject the visa if
    > > we are to re-appear for the interview in 6 months to 1 year (or
    > > longer)
    > > time from now. They may grant the visa, but based on the reasons they
    > > cited for the rejection (reason being: officer wasn't satisfied about
    > > a
    > > bonafide relationship existimg between us), my guess is they will
    > > reject it again. Then we would have wasted lots of time and a second
    > > rejection will really do a lot of damage to us.
    > >
    > > So, my question is:
    > > 1) Should I have to wait for TSC to contact me (after TSC processes
    > > the
    > > returned paperwork from embassy)?
    > > 2) Do I have to provide a response to TSC's letter to me when they
    > > contact me? I am being told by lawyers that TSC will contact me and
    > > give me a chance to explain why/if our relationship is not
    > > bonafide? Or
    > > do I respond to TSC that there is no need to extend original
    > > approval
    > > notice since I have married my fiancee in the meantime (see # 3
    > > below)
    > > 3) I am thinking that it is now best to go to India and marry her and
    > > file I-130 petition.
    > > 4) What is the processing time to get APPROVAL of I-130 petitions at
    > > CSC (because I think Texas residents have to reference CSC dates
    > > for
    > > spousal petitions)
    > >
    > > I confusion is: Do I have to wait to hear from TSC before I can file
    > > an
    > > I-130? (I know I don't have to get TSC's permission to get married !
    > > :-)
    > > Do I have to write to TSC informing them that I am now going to marry
    > > in India and will be filing a I-130 (and attach a copy of the 221(g)
    > > that finaly rejected the visa) and also inform TSC in the same letter
    > > to cancel the I-129F petition since I no longer wish to pursue it?
    > >
    > > What is the status of my original petition, now that the NOA has
    > > expired and Embassy has not revalidated it?
    > >
    > > If my original petition is still active, does that prevent me from
    > > filing an I-130?
    > >
    > > What will "kill" the original petition? (I understand that everything
    > > I
    > > filed till now will remain on record).
    > >
    > >
    > > TIA
    > Getting married will definitely "kill" the I-129F petition. As soon
    > as you get married, you're not eligible to follow through on the
    > fiance petition.
    > I believe you can then begin the I-130 process, as long as you disclose
    > the previous I-129F peition. Personally, I would give USCIS as little
    > information as possible regarding the outcome of that petition. Just
    > note that it was previously filed, when it asks on the forms. That's
    > what I would do, anyway, as a layman.
    >
    > Best Wishes,
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

mukherji933

Thanks Rene.

I checked form I-130 and it asks 2 things:
1) Has your relative ever been under immigration proceedings?
Choices are "yes" "no" and if yes, "where" and "when" and further check
boxes for "removal", "exclusion/deportation", "Recission", and"Judicial
Proceedings".
Does this apply to my fiancee (since she has appeared for the fiancee
visa interview?)

2) The I-130 also has a question:
Have you ever before filed a petition for this or any other alien?
"yes" or "no"
If yes, give name, place and date of filing and result.

Of course for this question, I will state "yes" and provide name, place
and date of filing.
As far as "result", is it better if I just answer "petition expired"
and leave it at that? Or should I also say "visa rejected and petition
also expired"?
I am in a fix since if wish to say as little as possible and just
answer "petition expired", will that amount to HIDING information? But
if I say "visa rejected and petition also expired" (which is what the
final 221(g) said, by the way) will it open a can of worms for the
USCIS and will I strike out there itself?

Also, I researched into the K3 visa process and I am strongly leaning
toward pursuing that route. The process for K3 is as follows:
1) I get married in India (it will be a simple ceremony since my side
of family cannot attend and only her side will be there - hers is a
small family)
2) I then file I-130
3) Once I receive notice of RECEIPT from TSC, I then file I-129F at the
Chicago Office
4) Chicago will send I-129F to NBC, Missouri
5) Missouri processes it and sends it to NVC and then to embassy
6) My wife (at that point) will appear for interview at embassy and get
K3 visa (HOPE THEY WILL NOT GIVE HER ANY PROBLEMS THAT TIME AROUND,
WHAT WITH THE EARLIER REJECTION OF K1)
7) She will then come to US and we file for AOS

K3 is a faster process since Missouri center is now processing I-129F
petitions with receipt date of December 2, 2005.

Is K3 not a good thing for me, since she got the K1 rejected earlier?
TIA

Thanks.
Noorah101 wrote:
    > > I would like to know what my options are now, since I am fed up
    > > getting
    > > confusing opinions from lawyers.
    > > I was told that the embassy takes upto 6 months to 1 year to send the
    > > paperwork back to TSC. TSC could extend the validity of approval of
    > > the
    > > petition eventually (assuming), but I now don't want to take the route
    > > of a K1 visa. What is the point? Embassy will again reject the visa if
    > > we are to re-appear for the interview in 6 months to 1 year (or
    > > longer)
    > > time from now. They may grant the visa, but based on the reasons they
    > > cited for the rejection (reason being: officer wasn't satisfied about
    > > a
    > > bonafide relationship existimg between us), my guess is they will
    > > reject it again. Then we would have wasted lots of time and a second
    > > rejection will really do a lot of damage to us.
    > >
    > > So, my question is:
    > > 1) Should I have to wait for TSC to contact me (after TSC processes
    > > the
    > > returned paperwork from embassy)?
    > > 2) Do I have to provide a response to TSC's letter to me when they
    > > contact me? I am being told by lawyers that TSC will contact me and
    > > give me a chance to explain why/if our relationship is not
    > > bonafide? Or
    > > do I respond to TSC that there is no need to extend original
    > > approval
    > > notice since I have married my fiancee in the meantime (see # 3
    > > below)
    > > 3) I am thinking that it is now best to go to India and marry her and
    > > file I-130 petition.
    > > 4) What is the processing time to get APPROVAL of I-130 petitions at
    > > CSC (because I think Texas residents have to reference CSC dates
    > > for
    > > spousal petitions)
    > >
    > > I confusion is: Do I have to wait to hear from TSC before I can file
    > > an
    > > I-130? (I know I don't have to get TSC's permission to get married !
    > > :-)
    > > Do I have to write to TSC informing them that I am now going to marry
    > > in India and will be filing a I-130 (and attach a copy of the 221(g)
    > > that finaly rejected the visa) and also inform TSC in the same letter
    > > to cancel the I-129F petition since I no longer wish to pursue it?
    > >
    > > What is the status of my original petition, now that the NOA has
    > > expired and Embassy has not revalidated it?
    > >
    > > If my original petition is still active, does that prevent me from
    > > filing an I-130?
    > >
    > > What will "kill" the original petition? (I understand that everything
    > > I
    > > filed till now will remain on record).
    > >
    > >
    > > TIA
    > Getting married will definitely "kill" the I-129F petition. As soon
    > as you get married, you're not eligible to follow through on the
    > fiance petition.
    > I believe you can then begin the I-130 process, as long as you disclose
    > the previous I-129F peition. Personally, I would give USCIS as little
    > information as possible regarding the outcome of that petition. Just
    > note that it was previously filed, when it asks on the forms. That's
    > what I would do, anyway, as a layman.
    >
    > Best Wishes,
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

Noorah101

Sorry, I don't know the answer to this one for sure, but my guess is that she was not in any immigration proceedings.

As far as I can see, the petition wasn't actually "rejected". The 221(g) is given out when a decision couldn't be made one way or the other...for example if they needed further information or something. The petition wasn't rejected, it was sent back to the USA for continued processing. You could probably write something like "yes...consulate returned petition to NVC/TSC", which is exactly what happened.

Best Wishes,
Rene

mukherji933

Noorah101 wrote:
    > > Thanks Rene.
    > >
    > > I checked form I-130 and it asks 2 things:
    > > 1) Has your relative ever been under immigration proceedings?
    > > Choices are "yes" "no" and if yes, "where" and "when" and further
    > > check
    > > boxes for "removal", "exclusion/deportation", "Recission",
    > > and"Judicial
    > > Proceedings".
    > > Does this apply to my fiancee (since she has appeared for the
    > > fiancee
    > > visa interview?)
    > >
    > > 2) The I-130 also has a question:
    > > Have you ever before filed a petition for this or any other alien?
    > > "yes" or "no"
    > > If yes, give name, place and date of filing and result.
    > >
    > > Of course for this question, I will state "yes" and provide name,
    > > place
    > > and date of filing.
    > > As far as "result", is it better if I just answer "petition expired"
    > > and leave it at that? Or should I also say "visa rejected and petition
    > > also expired"?
    > > I am in a fix since if wish to say as little as possible and just
    > > answer "petition expired", will that amount to HIDING information? But
    > > if I say "visa rejected and petition also expired" (which is what the
    > > final 221(g) said, by the way) will it open a can of worms for the
    > > USCIS and will I strike out there itself?
    > >
    > > Thanks.
    > > Noorah101 wrote:
    > > > > I would like to know what my options are now, since I am fed up
    > > > > getting
    > > > > confusing opinions from lawyers.
    > > > > I was told that the embassy takes upto 6 months to 1 year to send
    > > > > the
    > > > > paperwork back to TSC. TSC could extend the validity of approval
    > > > > of
    > > > > the
    > > > > petition eventually (assuming), but I now don't want to take the
    > > > > route
    > > > > of a K1 visa. What is the point? Embassy will again reject the
    > > > > visa if
    > > > > we are to re-appear for the interview in 6 months to 1 year (or
    > > > > longer)
    > > > > time from now. They may grant the visa, but based on the reasons
    > > > > they
    > > > > cited for the rejection (reason being: officer wasn't satisfied
    > > > > about
    > > > > a
    > > > > bonafide relationship existimg between us), my guess is they will
    > > > > reject it again. Then we would have wasted lots of time and a
    > > > > second
    > > > > rejection will really do a lot of damage to us.
    > > > >
    > > > > So, my question is:
    > > > > 1) Should I have to wait for TSC to contact me (after TSC
    > > > > processes
    > > > > the
    > > > > returned paperwork from embassy)?
    > > > > 2) Do I have to provide a response to TSC's letter to me when they
    > > > > contact me? I am being told by lawyers that TSC will contact me
    > > > > and
    > > > > give me a chance to explain why/if our relationship is not
    > > > > bonafide? Or
    > > > > do I respond to TSC that there is no need to extend original
    > > > > approval
    > > > > notice since I have married my fiancee in the meantime (see # 3
    > > > > below)
    > > > > 3) I am thinking that it is now best to go to India and marry her
    > > > > and
    > > > > file I-130 petition.
    > > > > 4) What is the processing time to get APPROVAL of I-130 petitions
    > > > > at
    > > > > CSC (because I think Texas residents have to reference CSC
    > > > > dates
    > > > > for
    > > > > spousal petitions)
    > > > >
    > > > > I confusion is: Do I have to wait to hear from TSC before I can
    > > > > file
    > > > > an
    > > > > I-130? (I know I don't have to get TSC's permission to get
    > > > > married !
    > > > > :-)
    > > > > Do I have to write to TSC informing them that I am now going to
    > > > > marry
    > > > > in India and will be filing a I-130 (and attach a copy of the
    > > > > 221(g)
    > > > > that finaly rejected the visa) and also inform TSC in the same
    > > > > letter
    > > > > to cancel the I-129F petition since I no longer wish to pursue it?
    > > > >
    > > > > What is the status of my original petition, now that the NOA has
    > > > > expired and Embassy has not revalidated it?
    > > > >
    > > > > If my original petition is still active, does that prevent me from
    > > > > filing an I-130?
    > > > >
    > > > > What will "kill" the original petition? (I understand that
    > > > > everything
    > > > > I
    > > > > filed till now will remain on record).
    > > > >
    > > > >
    > > > > TIA
    > > > Getting married will definitely "kill" the I-129F petition. As soon
    > > > as you get married, you're not eligible to follow through on the
    > > > fiance petition.
    > > > I believe you can then begin the I-130 process, as long as you
    > > > disclose
    > > > the previous I-129F peition. Personally, I would give USCIS as
    > > > little
    > > > information as possible regarding the outcome of that petition.
    > > > Just
    > > > note that it was previously filed, when it asks on the forms.
    > > > That's
    > > > what I would do, anyway, as a layman.
    > > >
    > > > Best Wishes,
    > > > Rene
    > > >
    > > > --
    > > > Posted via http://britishexpats.com
    > Sorry, I don't know the answer to this one for sure, but my guess is
    > that she was not in any immigration proceedings.
    > As far as I can see, the petition wasn't actually "rejected". The
    > 221(g) is given out when a decision couldn't be made one way or the
    > other...for example if they needed further information or something.
    > The petition wasn't rejected, it was sent back to the USA for continued
    > processing. You could probably write something like "yes...consulate
    > returned petition to NVC/TSC", which is exactly what happened.
    > Best Wishes,
    > Rene

Hi Rene,

Thanks very much. You are a God Send! I am getting a lot of help from
you, though I do understand that you are not giving legal advice. But
the fact that you are taking time to understand my pain and reply with
very useful suggestions is more than I can ask for.

Yes, you are right. The final 221(g) did not use the word "reject"
"rejection" or "deny".
Embassy is returning the petition to NVC and has said no further action
can be taken on my case at their embassy office.

Since I want to go marry my fiancee in India, I don't see any point in
waiting for many months to hear frm TSC regarding my petition. Lawyers
and even the senator's office said that returning the petition is a low
priorty and can take 6 mos to 1 year.

Is it possible to withdraw my petition by writing to TSC and then file
a I-130 after marriage?
Or am I stuck now with the original I-129F petition?

Thanks.

    > --
    > Posted via http://britishexpats.com

Noorah101

You're welcome.

I suppose it would be nice to write a letter to TSC explaining that you're withdrawing your petition, that you've decided to marry instead and do a spouse visa. At very least it would be a paper trail for you, that you tied up any loose ends appropriately, in case it's ever questioned (of course keep a copy of the letter you send TSC). I don't see how you can be stuck with the I-129F, though, because as soon as you marry, it becomes unusable.

Best Wishes,
Rene

jeffreyhy

Rene,

I agree, that's why I did it. Wrote such a letter, that is.

Although, in my case, not because the K1 visa application had been denied. I did it because my in-laws decided that they would like to see their daughter be married before she left the country with an American, and my wife and I wanted to keep them happy.

I don't know what impact, if any, the returning I-129f petition will have at the SC on the new I-130. I wouldn't be surprised if the bigger impact isn't at the consulate if and when the new I-130 petition arrives.

Regards, JEff

mukherji933

Hi Jeff,

When you wrote a letter to the service center to tell them you are
withdrawing your I-129F petition, did they ask you the reasons (or did
they not ask you the reasons for withdrawal because you stated your
reasons in your letter)?
Did the service center send you a response to your withdrawal letter?
If they did, how long did it take for you to get it? Just curious, what
service center was it? Texas or CA...other?

Did you take the K3 route?
If not, how long did your I-130 process take for your wife to get the
interview?

mukherji933

Thanks Rene.

I am thinking of the K3 route. How long does it take? I think the I-130
process is a long one - Texas folks have to apply at CSC which now
lists processing a receipt date of July 5,2005 for the I-130.

What is your opinion of the K3?
DCF is another option, but I have heard bad things from Indians who did
it there. Looks like DCF is a discretionary thing and I DONT WANT MY
CASE TO BE DISCRETIONARY any more. We already suffered with the K1.

meauxna

All visa processing is discretionary.
Did you read my thoughts about cultural norms? Are you a mixed-heritage couple? Have you considered that you may have other issues to address than simply re-filing? Do you know that being married is no guarantee of a visa? Can you comment on arijit's comment about where you went for the fiance process?

If you have these "issues" in your case, they are not going to go away *just* by being married. Lots of couples have done what you propose and have been successful, but you seem to be ignoring the underlying problem with your petition. It is quite unusual to have a petition returned to the Service Center.

DCF is not discretionary if you are physically present in India for 6 weeks. If you are, you may file your peition in New Delhi.

rex_pereira

Hey man, I really feel for you. Have you considered investing a few hundred $ in a consultation with an immigration attorney. The pain of being separated from your wife would probably make it a worthwhile investment. Hope things work out you this time around.

Just Jenney

I was curious about this, too, because in all the time I've spent in this forum, I've never heard of Kolkata. So I did a some Googling and discovered that Kolkata=Calcutta.

After a 2-3 minute search, I found the following (emphasis added):


US Consulate General, Calcutta, India: FAQ About Immigrant Visas, Orphan Immigrant Visas And Fiance(E) Visas:

FIANCE(E) VISAS

Q. 1. Has the Consulate received the fiance(e) visa petition, and when can my fiance(e) get his/her visa processed?

Answer: We do not process fiance(e) visa petitions at the American Consulate General, Calcutta. If we receive the approval, we forward it to the American Consulate in Mumbai for visa processing. Further information regarding when the application will be processed would have to come from them.

Q. 2. Why does the American Consulate in Calcutta not process fiance(e) visas, when the applicants are from our consular district?

Answer: All processing of fiance(e) visa applicants from our Consular District ... has been handled by our American Consulate General in Mumbai since July 1992.

Q. 3. If the American Consulate in Calcutta is not processing the fiance(e) visas, why are the USINS offices still forwarding the petitions to Calcutta?

Answer: Sometimes files get accidentally routed to the Calcutta Consulate. Please contact the USINS office if your case has been mis routed. Also, please request that your case be sent to Mumbai while filing the petition.

Q. 4. What documents should we bring to the interview?

Answer: Please contact the American Consulate General, Mumbai for documents requirements.


So the question is: How could the OP's fiancee have her K1 fiancee visa interview at a consulate that hasn't processed K1 fiancee visas for more than 13 YEARS???

~ Jenney

meauxna

Good find, Jenney. Maybe Kolkata is still dealing with beneficiaries in Administrative Review and didn't notice that it was a new case!