回复:You don't understand that two different system here

来源: justhelp 2007-07-22 08:59:09 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1674 bytes)
回答: I feel you still not understand our problems晶晶1232007-07-21 22:01:16
If the hu*****and is a USC and he is petitioing for step-daughter and the consualte denied visa because they determined it's not a good faith marriage, normally will return the file to CIS in US for revocation of the petition. The petitioner in US will receive notice from CIS "intent to revoke" and has 60 days to rebuttal.After that, the CIS may reapprove the petition, or revoke it, in which case the petitioner cann file appeal. There is no use to file another petition at this time as the issue of good faith marriage will come up again and the Consulate will again deny the vias.

When the consulate denies visa they normally will give beneficiary a letter indicating the ground of denial and whether or not they have decided to return the file to CIS in US. If they denies visa simply on the ground that mother didn't get green card yet but didn't return file to CIS in US, your daughter can reapply visa. I would suggest you to get a lawyer and send them a cover letter explaining to them that it's not required the natural parent must get green card before they issue visa to step child. They often issue visa to step-child even though the bio mother hasn't obtained green card yet.In your case you have obatined green card anyway. But if they decided your marriage is not bona fide and returned the file to CIS, not much you can do now, have to wait for the CIS letter to petitioner. As Xiao Bai Tu indicated, this process can take as long as two years. Sometimes the Consuate says they have returned the file to CIS, but CIS in US says no record of receipt of the file, i.e. somehow the file get lot. In that case you definitely need a lawyer to help.
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