If Denied for K1 Can We file for K1

[CanTex 1]

I am just wondering - if a person was denied a K1 can they get married and file the K3 right away after receiving denial confirmation?

I have been trying to search here about something I read that an USC cannot file for a beneficiary more than once in a specific time

period?

I am truly hoping that this is not the case, however we just received another letter saying "don't contact us we'll contact you" letter

in the next 90 days.

Thanks for any info.

[Bobby+Umit 161]

Depends on why the K-1 was denied.

If you marry the same person, and file for a K-3, the K-1 doesn't matter anymore.

[ThaitoUSA 15]

Some have suggested that unless the initial reason for denial is not cleared up first, the K-3 shall end up being denied as well. It's very important to find out precisely why one was denied and take care of whatever is asked of you.

Also, looking at your timeline, it appears that you've received an RFE. This is not the same as denial. So long as you adequately provide what was requested, your petition shall likely be approved. One fellow received an RFE toward the end of January and has yet to be approved, but this does not mean there is a problem. Some adjudicators wait a while and then take care of all their RFE petitions at once. Your petition may be delayed for several more weeks.

All the best.

[krystiandjon 0]

Some have suggested that unless the initial reason for denial is not cleared up first, the K-3 shall end up being denied as well. It's very important to find out precisely why one was denied and take care of whatever is asked of you.

Also, looking at your timeline, it appears that you've received an RFE. This is not the same as denial. So long as you adequately provide what was requested, your petition shall likely be approved. One fellow received an RFE toward the end of January and has yet to be approved, but this does not mean there is a problem. Some adjudicators wait a while and then take care of all their RFE petitions at once. Your petition may be delayed for several more weeks.

All the best.

The OP received their RFE over a year ago.

When I was getting nervous about this I could never find a clear answer either. But I think ThaitoUSA is right that what is holding up your K1 could possible hold up your K3.

[Sal and Jay 2]

Some have suggested that unless the initial reason for denial is not cleared up first, the K-3 shall end up being denied as well. It's very important to find out precisely why one was denied and take care of whatever is asked of you.

Also, looking at your timeline, it appears that you've received an RFE. This is not the same as denial. So long as you adequately provide what was requested, your petition shall likely be approved. One fellow received an RFE toward the end of January and has yet to be approved, but this does not mean there is a problem. Some adjudicators wait a while and then take care of all their RFE petitions at once. Your petition may be delayed for several more weeks.

All the best.

The OP received their RFE over a year ago.

When I was getting nervous about this I could never find a clear answer either. But I think ThaitoUSA is right that what is holding up your K1 could possible hold up your K3.

if you dont respond to an rfe within the time limit they give it results in automatic denial.

[lucyrich 20]

Having a denied K-1 on your record might make it harder to get a K-3. Of course, there's the problem that whatever caused the K-1 denial may still be an issue, but there's the further issue that a denied petition has a strange way of turning into a finding of misrepresentation, especially if you don't respond to a notice of intent to deny. See the following article:

http://www.ilw.com/articles/2006,0323-ellis.shtm

But the real answer depends on why the K-1 was denied.