USCIS response to a returned K-1 petition & my Rebuttal

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isitasham

Registered Users (C)
Anyone with a returned K-1 petition may be able to help me with this. The USCIS has finally responded to my rebuttal of the denied K-1 petition with a standarized cover letter/form (Rev 2/26/09 General Reject Letter Version which starts with "This is initial screening. Your application/petition is being returned to you for following reason(s)" has a list of 22 items to pick/check from.
The item check-marked in my case is No. 2 -- "Please retain the enclosed documents until they are requested by an officer of the Service".
I am not sure what it means -- is my rebuttal being considered or is that they have sent it back to the DOS or something else??

When I called the USCIS the customer rep he was not able to give me any information other than the 9 month old info that my original petition was approved back in Feb. 2009.

Any one seen this before??
Thanks!
 
It seems it (your I-129F) is still being worked on. What I am not too sure about it whether USCIS or DOS is working on it. I would guess it is still USCIS.

isitasham said:
The item check-marked in my case is No. 2 -- "Please retain the enclosed documents until they are requested by an officer of the Service".
I am not sure what it means -- is my rebuttal being considered or is that they have sent it back to the DOS or something else??
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Thanks for the response. I am hoping they would give me a chance to submit additional evidence. Since I had sent my rebuttal about 4 weeks ago, I have since then visited India and now have collected sufficient evidence (pictures, meetings etc with my fiancee). Should I wait to hear from USCIS and then submit the additional evidence? Or should I go ahead and send it now -- would they be able to tie the initial rebuttal and the new evidence together?

Thanks!!
 
They will not be able to tie old and new evidence together if you send something on your own. Wait until you hear from USCIS.

isitasham said:
Should I wait to hear from USCIS and then submit the additional evidence? Or should I go ahead and send it now -- would they be able to tie the initial rebuttal and the new evidence together?
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Thanks for your help.
It has already been over a month since my petition was returned by the consulate -- How long do you think I should wait to hear from USCIS (their Notice of Intent to Reaffirm or Deny)?
Reason I ask is because I am loosing time to refile for K-1. Also, from what I hear, California Service Center has a bad record of reaffirming petitions........especially, in my case the K-1 had officially expired in June end and the CO never re-validated it. Given that there is only a slim chance of the petition being reaffirmed .........
Any thoughts?
Thanks!
 
I am looking for suggestions or comments please:

My original K-1 was denied by the CO.........Given that I refile for the K-1 (thats my only option as I just returned from India and cannot go back to get married for another 6 months atleast), What all should I keep in mind besides the following:

1. I do intend to Front-load the petition with all the details starting with my original petition up to the current status (i.e. waiting to hear from USCIS). I want to address all issues, including thoughts, perceptions, cultural issues etc. to dispell any doubts in the minds of CO's -- they do go by stereotypes and often do not slways understand the cultural complexities in a county like India. Any concerns if I do that?
2. I have additional evidence - lots of pictures to address the initial deficiencies of my petition.
3. Should I try to explain (be proactive) as to why I didn't get married during my recent trip to India -- fact that I was still waiting for the final decision from USCIS and didn't want to rush into marriage in this trip? or not address it?
3. Should I include my response (rebuttal to the denial) with the petition? -- Its pretty pointed (against the consulate as I have let out my frustration to some extent but its all facts)?
4. I am still waiting for the response to my FOIA where I have asked for the details - exact reasons from the dept. of State/consulate's refusal to my K-1 petition. Should I include that as well?
5. Anything else you can think of that I should address - I really want to make it as fool-proof as possible.

Thanks!
 
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