Sent for Revocation

[Passion0075]

I Am wondering if anyone has had their I 130 sent back from the consulate for revocation and what happened. I read that out of 30,000 case that were sent back only 1500 were reapproved. Please if anyone can give us sum hope I would apperciate it.

[blueblue]

I'm sorry to hear this. This is never good news and in my experience is always a big mistake (I would rather use another word) that the CO is making. Our K1 was sent back for revocation without any notification. Our Congressman found out they were accusing us of fraud marriage, even though we have a daughter together.

When was your interview? What embassy? Do you know the reason they have done this? What your alleged red flags are, wife older than husband, short courtship, asking question at the embassy before filing, introduced by a relative of your spouse, etc.

Are you sure it was actually returned already? If not, get on the phone to your Senator or Congressman (go to their office or fax them the authorization to look into your case). Ask them to intervene on your behalf to be able to rebut this BEFORE it is returned. Call the embassy yourself (the USC) and speak to a supervisor or Immigrant Visa Chief. Tell them your marriage is legitimate and they are making a mistake and say you want to provide additional proof. Hopefully either directly or thru Senator they will listen and you can bombard them with letters from friends and family attesting to your marriage is valid, more photos, more email and correspondence evidence, any other visits or airline or visa stamps, etc. If they don't let you or case is already sent back, at least get specific reason they are using to return the petition.

If they have already sent the case back to the NVC, then you have a different route. On an I-130 you will eventually get a Notice of Intent to Deny with some information (altho probably not complete) as to the reason they sent it back. You will have 2 choices, start over and file a new I-130 addressing the previous one in your petition, add more evidence of your relationship, address any possible red flag issue in the petition so there is nothing that could be left for the embassy to try this trick again.

The other option is to wait for the NOID and respond to that with all your relationship evidence. This can take 6-12+ months depending on the service center where you filed. For I-130 at least they will respond eventually. For our K1 I129F, they said it would take 4 YEARS before they responded but actually they just let it expire and probably threw it in the trash. We refiled a new petition.

There is a whole group for people in this situation. It is happening a lot in specific embassies that have rogue COs with a chip on their shoulder IMO that this is their favorite tactic. The end result, if you can't get it turned around BEFORE they send it back, is a long, long delay in your case getting completed.

Here is a useful thread on this topic. http://www.visajourney.com/forums/index.php?showtopic=3896

If you are interested in joining the group, let me know. It is by invitation only as members on other forums have had a penchant for pouring salt into the wound. I will send you the moderator's email if you want.

[aussiewench]

You will find the information you are looking for in

221g - Guide: Returning Petitions/Applications Under Section 221(g) of the INA (http://www.familybasedimmigration.com/forum/showthread.php?t=386)

All the best to you.

[Passion0075]

It was in December he had his interview for the visa which we knew would be denied I have fixed his two waivers and he had them in hand waiting to file once they told him he was denied instead they gave him a piece of paper and told him she did not believe our marriage was valid. He asked why she told him he didnt bring any pictures or proof of phone records.(we didnt know we needed this, I didnt know we were having to prove our marriage) He BEGGED her to allow him to come back later or tomarrow and bring these items she told him nope and sent him on his way. I called my senator I contacted the embassy, I could never get through on the phone to them just through email. They wouldnt tell me the reason they felt that our marriage was a fraud. The woman from the senators office was no help she called and called and when she finally got through I told her to try to stop them from sending it back but she didnt even try she said their was nothing she could do. The INS didnt even recieve his case back until April. I called they told me I had to wait 90 days then I called after the 90 days and they told me to give it 2 more months they would surley contact me, I have still heard nothing.

Can the senators office help me with this at all? she sent me a letter tellin me to contact her when the case gets sent back to the embassy cant she help me with this I-130. I need help.. I havent seen my husband in a year hes been gone for two and a half. I dont know how to do this any longer. If we got a lawyer would that help. what are our chances that we will be reapproved and can move on to the next step

[aussiewench]

Passion,

Have a read of the link I provided. The author of the Guide: Returning Petitions/Applications Under Section 221(g) of the INA has done a lot of research into revocation cases. You will find what you can do and the steps you can take.

All the best to you.