UPDATE K1 reaffirmed???

[TJandJR 69]

Hi all. I've got an interesting update on our K1 that was sent back for review (or not). I know some of you were keeping an eye on this. I didn't know whether to add it to the thread already started on it or update here. Sorry if I did it wrong. Well today I got an email from USCIS that said there was an update on my case status. It said that they attempted to deliver something to me and it was returned to them by the post office as "undeliverable" and they would keep it for so many days to give me a chance to call USCIS. So I called on my break. It was a miracle but within just 5 minutes I had dialed and was actually talking to someone. He said he could not give out the address in which they had sent it and did not know why it was returned but he could have it resent and have me give him the address it is suppose to be going to. Which I did, of course. I asked him if he knew what it was that they sent. I asked if they were returning my file or requesting additional evidence. He said he did not know what it was they mailed me except it was some sort of document or notice but he was almost certain it was not a request for evidence. He said it was very very possible it was a reaffirmation! He said I should see it as something positive. He told me TWICE that it was possibly a reaffirmation and something positive. He also said it takes 15 to 30 days to remail. I want to be excited but I'm scared to be excited. I'm going to have a talk with my mail carrier too. I've received mail from USCIS before. So what do you think? Opinions or thoughts?

[Ebunoluwa 6,136]

I received the exact same update on the site and was hopeful also. However,it took me forever to chase down an answer

of what the heck it was. The answer I finally received was that it was just a mistake and to disregard it.

It was a canned update that I believe confirmed that they received the returned case and took it to the storage

place where it sat for 6 months and only then did I receive a letter in the mail that I can re file.

I can't stress to you how hard I fought to have it reaffirmed and even wrote to the CSC director of what the heck was

"undeliverable." It was a lie. There was nothing send, the reply was it was a mistake, nothing was send.

They are too lazy to change this broken system and keep sending out the lie that something was undeliverable.

I am sorry to be the bearer of bad news. I really wish they would reaffirm you but I do not think that

will happen. I had so much hope that we were going to be reaffirmed that I wasted over 6 months time just

fighting to be reaffirmed.

It is all one big schmatzfest with this process, non transparent and plain ignorant and full of BS on every corner.

[TJandJR 69]

Its okay. That's why I was afraid to get excited. But regardless of anything they do now we are still proceeding forward with our plan B. So to find out that they are just playing with our emotions again doesn't surprise me. Thanks for giving it to me straight.

[Nigerian Queen 16]

If so thats new because they normally don't reaffirm K1S

[TJandJR 69]

yes I know but I got some kind of notice after the denial that other people haven't gotten (some have, some haven't) that suggested our case might be in review. So we've just been curious and watching the developments. Meanwhile we are planning our wedding to file as spouses. But I did some searching here on VJ and there actually have been some k1's reaffirmed in 2012. So I guess it does happen sometimes even if its rare.

[NigeriaorBust 4,087]

It really depends on the service center, California will expire it and the notice you are getting is the classic the validity of your petition has expired and you are free to file again . Vermont used to almost always reaffirm but then started following the California lead of declaring it expired

[Ebunoluwa 6,136]

It really depends on the service center, California will expire it and the notice you are getting is the classic the validity of your petition has expired and you are free to file again . Vermont used to almost always reaffirm but then started following the California lead of declaring it expired

That is exactly so. I have also seen a few VSC reaffirmations but it has been years since I have seen a CSC

reaffirmation.

They need to change the procedure and since they have already predetermined that they will

not reaffirm any K1's then why do they not let the petitioner know this instead of dragging it

out for 6 more month with an 'official notice'letter. I guess they create confusion to discourage a couple.

It is not an efficient manner to conduct a service we pay for.

[NigeriaorBust 4,087]

Actually you just preassume expiration and refile. That forces them to review the old petition to approve the new one and you get an RFE if you didn't cover it

[Ebunoluwa 6,136]

Actually you just preassume expiration and refile. That forces them to review the old petition to approve the new one and you get an RFE if you didn't cover it

Yes, but it is covered in the second petition as the I-129F asks if you have ever filed before and what the result

was. I advise everyone addresses the returned case in detail, in the relationship timeline, NOA2 copy,

any correspondence with the CO and USCIS and the official notice letter.

Have you seen a RFE issued even though it was addressed but only by answering the question in the form ?

[NigeriaorBust 4,087]

Ours was a little unique, and our response probably was also. But on the second I129F you can explain the validity expire with no visa. Our second went straight to the embassy and the only thing we heard was the official expiration letter dated the same date as the approval notice for petition 2 .

[TJandJR 69]

Just curious, when you got the same letter did your case status say card/document production?

[Ebunoluwa 6,136]

The update status about the undeliverable document was on the USCIS update site and I had no

card/document production mentioned.

[Ebunoluwa 6,136]

On ------- the post office returned your document I129F, PETITION FOR FIANCE(E) as undeliverable. We will hold it

for 180 days from ------- to allow you time to contact us. If you do not contact us at 1-800-375-5283 within 180 days, this document will be destroyed and you will need to file a new application or application for replacement with fee.

That was the status update I received. Attempts to find out what was "undeliverable" went unanswered.

No one was able to figure it out until someone said it was a "mistake". I was told by a tier 2 IO that

the case will sit in storage and it is expired and after 6 month I would receive a letter which I did, saying

it is expired and I can re file without prejudice.

The CO failed to renew the validity after 16 months in AP and CSC of course does not extend validity.

She said it was returned for recommendation to revoke and after I complained to her she said she changed

it to recommendation for review and that the case was still valid and not closed and we were not refused.

What a confused CO !

Clearly the DOS and USCIS each do their own thing with the left hand not knowing or even understanding what the right hand is doing. Two agencies not working in sync and the petitioner is left holding the bag.

[TJandJR 69]

Totally agree. It would make sense to work together. But that would be too sensible for them.

[souleymon 27]

yes I know but I got some kind of notice after the denial that other people haven't gotten (some have, some haven't) that suggested our case might be in review. So we've just been curious and watching the developments. Meanwhile we are planning our wedding to file as spouses. But I did some searching here on VJ and there actually have been some k1's reaffirmed in 2012. So I guess it does happen sometimes even if its rare.

Are u on CR1 or K1, u r Married in Nigeria and cant be K1 league