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Filed: Country: United Kingdom
Timeline
Posted

My fiance and i had our first K1 visa application denied because we failed to return a request for evidence within the alotted time period. This was down to a mail forwarding issue(yes i'm aware we should have kept on top of this but she's at college so not at her permanent residence).

As far as i can tell an appeal takes forever and is not necessarily the correct thing to do in this circumstance.

Can we simply re-apply? Are there any restrictions for a 2nd application?

Thanks in advance for any information.

Nick

Posted

If that was the only reason, yes, you could re-apply.

However, you will have to ensure the prior one is actually withdrawn and not active.

I would pursue trying to open it back up - since it was a mailing error, not anything "hard".

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: K-1 Visa Country: Philippines
Timeline
Posted

re-apply much better than u had to appeal.based on wut my friend experienced they took 9 months before their appeal granted.

I-129F Sent :05-06-09

NOA1 (Receipt) : 05-15-09

NOA2 (Approved) : 08- 24-09

Rec Appointment Letter (Pkt 4): 09-11-09

Interview Date (K1 Visa): 10-26-09

Interview Result: Approved

Visa Received : 10-30-09

Date of US Entry : 11-11-09 ; POE: Minneapolis

SSN: 11-25-09

Date of Wedding : 11-28-09

AOS

Filing date :

NOA date for I-485 :

I-485 Biometrics Appt Date:

I-485 Interview Date:

I-485 Approval / Denial Date :

I-485 Approved:

I 551 Stamp in passport:

Green Card received Date :

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I am also going thru the same thing 2nd attempted but for a different reason for denial. Can you clarify you assumption of denial??, I think not submitting evidence has cause your case to be terminated or expried , Not denied. CO must have all evidence requested before they can issue a decision (approve or denied). Look at the denial sheet for specific reason, and what consulate says, and their future actions they plan to take, and also any options that the petitioner will have. Lucky :P

Round 1 (K-1)

Mar-16-09: interview (blue slip)

Mar-25-09: returned with blue slip denied, (white slip)

Jun-04-09: nvc received returned petition

Jun-08-09: nvc forwards to uscis

Jun-19-09: noa3 uscis received ( pending under review)

Sep-17-09 : touched!!!

Sep-21-09: Notice of Decesion, Expired free to file again

Round 2 (K-1)

(1st denied case received & forward dates at NVC,and 2nd refiling & noa1 at uscis are identical ....how ironic)

I-129F sent: Jun 04-09

noa1 recvd: Jun 08-09

noa2: Sep-17-09 APPROVED

noa2 Hard Copy: Sep 21-09 called CSC said not approved still pending in system (#######!!!!)

noa3 recvd: Nov 25-09 USCIS is reopening case NOA2 was issued in error.(Government Motion to Reopen)

RFE ( NOID) recvd: Dec 18-09 ask to give rebuttal on consulate finding regarding 1st petition

RFE sent: Dec 20-09 rebuttal submitted plus able to front load additional proof.

noa4 recvd: Dec 28-09 APPROVED FINALLY

NVC recvd: Jan 04-10

NVC left: Jan 12-10

Consulate Recvd: Feb 05-10

Packet 3 submitted: Feb 09-10

Packet 4 Recvd: April 16-10

Interview : May 12-10...PINK SLIP already on the table (2years 1week later)

Visa Pickup: May 28-10 In Hand!!

POE: May 29-2010 LAX

Feelinglucky Tonight

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted
My fiance and i had our first K1 visa application denied because we failed to return a request for evidence within the alotted time period. This was down to a mail forwarding issue(yes i'm aware we should have kept on top of this but she's at college so not at her permanent residence).

As far as i can tell an appeal takes forever and is not necessarily the correct thing to do in this circumstance.

Can we simply re-apply? Are there any restrictions for a 2nd application?

Thanks in advance for any information.

Nick

yeah re filing is good idea and if u r sure u gonna get marry then may be u can apply for CR1 after marriage. Its up to u.. my husband applied for K1 for me and they denied us after whole 7 months and yeah do not appeal , its wasting time and money.. we lost our money and time both so giving u warning for not appealing.. our appeal took around 3 months and they dismissed it.. Bad experience from my side so better be safe.. :thumbs:

interview date- 11/06/2009

visa approved! 11/17/2009.. pheww!!

received passport-11/20/2009

entered in US- 12/14/2009

POE- New york

welcome received- 02/01/2010

green card received- 02/08/2010

removal of condition-12/15/2011

ROC package sent to CSC- 09/21/2011

http://craftychefcooking.blogspot.com/

Posted

First you need to be sure that your petition was actually denied. Did you recieve notification of such? If you did, there was a time limit for filing an appeal or a motion for reconsideration. If you are within that time limit, you could decide to file an appeal AND submit therewith the information that had been requested in the RFE.

If you are sure the case is no longer pending, you may refile, BUT make sure you submit a clear statement (as an rider to question 11, asking if you have ever filed a I-129F before) explaining the reasons you are refiling for the same petitioner. You will also want to submit good up to date supporting evidence.

The choice is yours and the timing is really a ####### shoot.

 
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