Why does The Nebraska Service Center in Lincoln NE have no formal guildlines/procedures in reviewing K-129F petitions “returned” to NSC by The Department of State? 
I have pondered that many times myself. One of life’s great mysteries, I guess. :rolleyes:
Seriously though, unless I’m being whooshed, this question might be a little esoteric for even the SDMB. Although I wouldn’t be all that surprised to be proven wrong upon preview…
…hmm, not so far.
Have you tried calling and asking?
Why was it returned? Was the application denied?
The Consulate said we have a sham relationship (nothing is futher from the truth) I have been trying to bring my Fiancee home for two years now. The consulate does not give reason only declared a sham and nothing more. They say the matter is closed and say nothing more. I am smokin mad :mad:
The application was approved in February 4, 2004 by the USCIS Now it sits in Nebraska waiting for someone to review the file and review new information. There is no information to be found about The Nebraska Service Center regarding late stage (like mine) petition being returned???
It figures. :embarassed: :smack: My apologies.
Area51 = Nebraska Service Center I’ve called USCIS…Many times. There is no phone number to Nebraska Service Center. Try it… all you can do is write and I have sent about 25 (sincere) photo Christmas Cards of my fiancee and I and wishing them well over the holidays… (I thinking) maybe someone would look at my file??? todate… no reply…
I read reasonably well and still can’t tell what the heck you’re asking.
Sounds like you need some muscle on your side. Call your senators and representative. Document all correspondence and calls in writing. Don’t quit.
martindart, I worked for a few years as an immigration legal assistant, although it’s important to understand that I haven’t done that work for several years. Likely there are new regulations and laws in effect.
You very much need to have your case reviewed by an immigration attorney. It sounds like you’re filing your paperwork without one? It is very, very important that if you’ve been turned down to have someone take a look at your case. If you can’t afford a private immigration attorney, then look for a non-profit office that provides these services.
It was my experience that if an application is turned down, it’s turned down. No appeal possible. You have to refile. This is why it’s important to have an attorney on your side. I don’t believe this has anything to do with the NCS. If the consulate (which is under the Department of Justice) turned it down, then the NCS can’t override that decision. Again, to my knowledge.
Where are you? Maybe I can find a list of non-profit immigration attorneys for you.
Very insightful person you are indeed. The process in this or most immigration petitions is they are available to any US Citizen and very easy to do. To refile will only be challenge by the results of the first petition, that decision will follow and haunt the 2nd petition. The forms ask, have you filed before and what was the outcome?
True, The Consulate has final say, however any petition of this nature (returned) will receive an automatic review by NSC, NSC can’t over rule the consulate decision but can review this petition along with new information then send it back to the consulate and recommend approval. I have yet to find a petition sent back by NSC that the consulate would not honor that is (NCS) recommends approval.
I just want to know how long NSC will wait to review my file 60 days…90 days…120 days… There just is no information on the web or NSC website about my situation.
Yes, they (meaning BCIS) don’t make themselves at all available to help you, do they?
However, I must clarify based on my experience one very important thing:
Yes, you are correct, any person can fill out the forms and submit them. But do not be fooled. They are not easy in the legal sense. I found many, many times working with my clients that the INS (BCIS) *does not * make it clear exactly what they are looking for, and they certainly don’t tell you what precise kinds of documentation they want (especially in trying to prove that your relationship is legit). What you think is sufficient and what BCIS thinks is sufficient can be very different things. BCIS doesn’t think in terms of real life. They think in terms of their regulations and precedent (and even how their center works. For example, the Texas center might deny stuff that the Nebraska center might approve!) This is why I very strongly recommend that you have an immigration attorney review your case. Are you required to do this? No. Is it in your best interest to do this? Yes, very much so.
Again, there are many non-profit agencies that provide this service, based on income. Having an legal professional (even if it’s a legal assistant, as I was) review your application, the denial, and the documentation you submitted can make a very big difference. And I can’t prove it, of course, but I strongly suspect that having additional documentation submitted to the NCS on legal letterhead makes a difference. I know it appeared to for my clients. Also, in some cultures, a notary has some of the same powers/authorities as an attorney. This is not the case in the US. Do not have a notary review your case, or do any immigration work for you.
Oh, I forgot to add, my sympathies on not being told what’s going on. I know that it well and truly sucks how BCIS just puts you in limbo and tells you nothing. It’s like they enjoy taking their own sweet time, like it doesn’t matter that peoples’ lives are on hold.
A can sympathize. My wife will be eligible for citizenship before she gets her greencard! I blame 9/11 for letting it slip through the cracks, but I can’t imagine that they’re really all too incompetent; there are lots of happy cases out there. Just not us.
Once again Sir you speak of wisdom and I thank you for your kind thoughts.
Below please see my written rationale to NSC for your inspection.
- Please return the enclosed documents after the current review is complete. Please find a check for postage and handling.
Page 1 of 2
U.S. Citizenship and Immigration Services (USCIS)
Nebraska Service Center
850 S Street
Lincoln, Nebraska 68508
Attention: File # LIN0504652361
Petitioner: Donald Martin Nicely
Beneficiary: Phuong Ngoc Mong
INS Receipt#: LIN0504652361
RE: U.S. Consulate Saigon, Vietnam (petition revocation)
Visa Unit Case #: HCM2005549139
Date of informational Mailed January 31, 2006
Please, before I proceed I must address some issue(s)
I am an American Citizen who shared the same concerns with The US Consulate as well with my Congressman about “my experiences” with the interception of US mail being sent to Vietnam and the integrity of passport checks by customs both US and Vietnam. Congressman Inslee office did inquire about my case with the US Consulate in HCMC. As luck would have it, a few days later my petition was sent back. The Visa Chief; Scott A. Stemberg in HCMC wrote back to my congressman which the congressman forward to me. I object to the visa chief in HCMC subjective conclusions and attempt to smear my name before my elected official to imply no bona fide relationship exist between Phuong and I. The visa chief goes on to say that I’m trying to circumvent (sham) immigration laws is grossly untrue and completely without merit.
Explanation of Petitioner
My name is Don Nicely. My goal now is to convey my love for Phuong Mong as my Fiancée before a person(s) whom have never met my fiancée or me individually or as a couple. I will try my very best to show that our love for each other is true and sincere. I will attach and write to you and pray the NEW information is clear and convincing that the NSC will recommend a Visa for my fiancée to enter the United States of America where we will complete our love in marriage as described in the K-1 written procedures and to fulfill our love as we have planned since 2004.
It should be known that Phuong and I are not married. Phuong wanted a large reception with her family and friends present and to be held in her hometown of Bien Hoa. This reception yielded many photos and a professionally done wedding album, VHS videotape, CD ROM and DVD disk of this event. We are not legally married in Vietnam or in the USA. We plan to marry in the USA, ASAP as per the K-1 fiancée visa procedures and we are continuing seeking approval for the K-1 visa for Phuong.
Presented at time of Interview in HCMC by my fiancée on July 19, 2005 in HCMC, Vietnam. All documents required for the K-1 visa petition to the satisfaction of the US Consulate Visa Unit including the following:
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52 personal photos of Phuong and me together in Bien Hoa, Vietnam
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Special Occasion Cards Christmas and Birthday Cards. (Year 2004 Birthday Card from me to Phuong. The Consulate has misplaced this card and did not returned to my fiancée)
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Phone records.
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Bank of America Credit Cards with wedding photo on card in Phuong Nicely Name.
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100’s of emails and Yahoo instant messages between Phuong and me since Late 2003 to the present date.
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Video Performed by Don Nicely speaking Vietnamese while displaying large wedding album (as per request of US Consulate request) after Phuong’s interview day July 19 2005. ~Provided by Petitioner~
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2 additional documents submitted after interview date (as per US Consulate request) ~provided by Petitioner~ original and notarized.
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Numerous Western Union money transfers receipts. I send Phuong money to help as any good and loving person would do for their fiancée. Phuong works very hard and make very little money. I was very saddened to see the poverty while in Bien Hoa Vietnam with Phuong. Children would beg for money and I gave all I had to them. I had to borrow money from Phuong to pay the fifteen dollars tax to board my plane to come home. There is no ATM in Tan Son Nhat Airport.
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Flight Itinerary 10/04/04 – 10/14/04 on Eva Airlines listing passenger Don Nicely same as petitioner for Phuong N. Mong
Page 2 of 2
NEW INFORMATION (Petitioner creditability)
In 1977 I was involved in a relationship with a 20-year-old woman. Out of this short relationship came a child, My Daughter Dawna. Two weeks after the birth of Dawna the mother abandons the child. I was young and completely inexperienced in caring for a baby. I learned very quickly and adjust my life over night. I soon learned there was no day care available to me. I learned to prepare bottles, change diapers, bath a baby, everything alone and I had to take my baby on to work sites with me because I had no babysitters to help me all my friends (back then) are guys. Three years had passed with only 2 rare sporadic appearance of the baby’s Mother. I went into court and asked the Judge to give me full custody of the child and asked to change the baby name to my name. That was 27 years ago. Today my daughter is married and has a child of her own. I guess what I am trying to say and show is that my love for my child (back in 1977) and commitment for my baby girl is the same love and commitment I have today for my fiancée. I truly love Phuong and Phuong truly loves me. (Please See attached ORIGINAL child custody order mailed to me twenty five years ago) attached in envelope
Also enclosed with the order is the original repayment ledger. My friend and co-worker within the same School District (at my request) has helped me financially with personal loans to bring my fiancée home. To included, but not limited to air plane ticket, lawyer fees and miscellaneous expenses to bring my fiancée home. My friend is Vietnamese and “at my request” did he agree to help me and Phuong to be together and once she arrives helping us in Phuong’s transitions. I enclosed a notarized “copy” statement whereas Phuong is in no way known by my friend Chuyen or any member/third party of Chuyen or Chuyen family. (This is completely true) this document was submitted at the time of Phuong interview in HCMC I met Phuong on my own and over time has a wonderful relationship grew out of our love and our love alone. "I am beginning to see now that the Consulate has blinders on and are extremely suspicious which is fine but, reasonable people I interact with daily are parents of the children who attend this school where I work, Health and Fire Inspectors and General Public as a whole are presumed reasonable persons normal and less on guard. I am assuming this information (credit card statement of Chuyen) is viewed by the visa chief as the sham? And I am trying to undermined immigration laws? This is completely untrue. I am not guilty of any wrong doing. I swear under oath. Chuyen is my friend, a good friend, who I trained some ten years ago who was seeking a job with the same employer as I. Today we are friends nothing more and nothing less. I will not knowing violate any laws for anyone.
Despite what the Visa Chief may wish to believe; I am “A” moral person, honest and trustworthy. I would never knowingly trick or deceive anyone that would jeopardize my future marriage to Phuong. It should also be known as old as I am my first flight to Bien Hoa, Vietnam and was my first time on a commercial airplane. My love for Phuong N. Mong suppressed any fears of flying.
In Closing:
Phuong and I are older adults I am 49 years old and Phuong is 42 years old. I have taken a mature and careful decision to marry Phoung, in concert with the same mature decision I make in 1977 to commit myself to my child and choose to raise and care for her alone despite some simple ridicule and jokes by friends sending me mother’s days cards and flowers on Mothers Day. Putting my child first is easy because of the love I have for my child. My love for my fiancée is the same today as my love for my child back then. I didn’t abandon my child and I will never abandon my future wife. I have tried to express myself to you in the only way I can on paper and not in person. Phuong lives about seven thousands miles away. I avail myself, as she; to use all technology has to offer. Phuong and I chat everyday before I go to work, if I could pickup a phone and have flowers sent to Phuong on a whim “I’d surly do this. I have purchased tractions slip on devices for Phuong shoes so she never gets hurt while walking on icy walkways in the winter months, Medical Insurance on my plan through my employer upon Phuong’s arrival, a small life insurance policy for Phuong in the event of my death and to purchase a home within one year of Phuong arrival. These simple considerations are nothing compared to what I would do to show my love for Phuong each day in person. Phuong and I both have had hard lives fortunately for us we’ve discovered each other and over time we have decided to become one in marriage. I pray and beg of you to please allow us to be together and finish out our lives being together.
Thank you so much for your time.
By: _______________________________
Donald M Nicely
Subscribed and sworn to before me
On this _____ day of ______, 2006
_________________________________ Notary Public My commission expires on ______________________
You should check out www.immigrate2us.net
There is a lot of valuable information there, and you are sure to find others with similar experiences.
Be careful in selecting an immigration attorney. I had two horrible attorneys who supposedly specialized in this field. I ended up writing my own 601 waiver (which was approved) based upon examples I found at that website. Other members there can provide you with feedback on attorneys they have worked with.
Thanks for the site. What’s a 601 waiver? people don’t know this but if a petition is returned “like mine” there is an automatic review once it come back home. (HCMC in Vietnam) held mine for 5 months before sending it along. Attorneys will try and scare a petitioner into spending all one’s money (if you have not used it all ready) by saying if you don’t hire me your fiancee is gone forever!. I have been waiting since 2004 to bring my fianceee home and marry and begin our lives… Thanks for the advise! I really need to hear from someone who had there petition returned to the place it was approved at. Nebraska Service Center has no information about returned petitions and how long they will sit on it. In the initial application for the K-129 NSC was great! a number to call and people to talk to and track the process very easy.
Homeland Security decided that my fiancee visited me too frequently and was afraid she would stay permanently so her visa was cancelled and she was banned.
We got married in Taiwan and I filed for a CR1 visa directly at the consulate (A.I.T.) in Taiwan. I also had to file a 601 waiver to remove the ban. I didn’t want to file the waiver in the U.S. because that can take 1-2 years. Filing overseas is usually much faster. Ours only took four months to get approved.
Most attorneys want $3,000 - $8,000 to file the waiver. Immigrate2us had numerous examples of approved 601 waivers, so I was able to use those as a template and complete my own.
Good luck!
metallicblue beat me to it. Why don’t you go back to Taiwan, get married, and then file an I-130 petition.
I found http://visajourney.com to be an incredibly useful site when my fiance and I were going through the paperwork. Our process was pretty straightforward, but the forums are full of people who’ve had a hard time, and how they got through it.
The guides and examples forms are also a great resource.
Good luck!
The best thing you’ve done so far is to contact your state senator. That’s what my wife and I wound up doing, because the USCIS staff are a collection of fools that make the DMV look like Mickey D’s being run by a pack of mensa masters on speed.
We finally got her citizensip taken care of, and now the nice senatorial staff are trying to find out why, despite the fact that thier name has been included on every piece of paperwork we ever filed, neither of our kids were included in the final adjudication of our case. That’s right, my wife is a citizen, but the USCIS genii won’t send us certificates for the kids, because they “lost” them somewhere in the process.
I so, so, so hate them. I hate them. I hate them.
Oh god, do I hate them all.