Case rejected at HCMC and sent back to USCIS what do I do now?

[bryonm4 0]

You should not cancel the K1. Marc Ellis says that is the biggest mistake most people make. Once you cancel the K1 whatever they returned the petition for ends up being recorded as fact. You have to either rebut the findings if they review it ( doesn't happen a lot with k1's ) or just let it rest and address it in the next petition. Cancelling the K1 and trying for a K3 doesn't help unless you can refute the original reject reason.

That sounds like what Ellis told me when our K1 was denied returned in 2006. Ellis and I prepared our case for an appeal just in the event CSC decided to review it. In May '07 I had my congresswoman contact CSC to see what was going on and CSC replied to her that our case had expired and I may file a new one. I used that email in my new petition to show the consulate that CSC told me the returned case was expired and they will not review it. I also included all the evidence for the appeal(which never happened) and put that in the new petition. Ellis and I rebutted all the reasons the consult sent the petition back and showed them how they were wrong in doing so. The new K1 petition had every scrap of evidence I had at the time and was about 4 inches thick. I wanted to make sure the consulate saw everything before the interview. In May 2008 Thao got her pink slip. It appeared the CO was satisfied with the evidence because he only asked 7-8 simple questions.

Good Luck to all who have been denied. There is always hope.

My congress person was sent an email from the stating my case has expired and I can refile however when I told her I would need a copy of that to refile she told me I didn't. I don't think she wanted to share it with me because it has the name of a congress liason on the email. Is there anyway I can get something form the USCIS stating that because I feel that will be needed.