Confused over Decision to NOIR

[kelly1290 0]

My husband was interviewed for K3 visa back in Aug of 2008. We were put in AP for background investigation. He was re-interviewed in Dec. 2008 and was told that our petition would be sent back for possible revocation. Our petition made it back in March 2009 and I was presented with a NOIR at the beginning of July. I sent back the evidence required to dispute consular findings on July 27. Received email notice that the case processing had resumed on July 30, 2009. I received a notice of decision in the mail today that really confuses me.

It says, " This notice is in reference to the Form I-239F, petition for an Alien Fiance, filed for ************ pursuant to section 101(a) (15) (K) of the Immigrationand Nationality Act, as amended. The petition was approved on January 9, 2008, and was forwarded abroad to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to the United States Citizenship and Immigration Services with a finding that the beneficiary was not issued the requested K3 visa. Since the period of validity has now expired, the petition will not be revalidated. Therefore, in accordance with 8 CFR 214.2 (k) (5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I-129F, Petition for an Alien Fiance (e) for the beneficiary."

First of all, I have an approved I-130 petition that was approved on the same day as the K3. Secondly, we have been married for over two years, so I could not reapply for a new I-129F for both reasons. Thirdly, I never received a letter stating whether it was revoked or was reaffirmed, so I am not sure what to do. My question is can I now push the approved I-130 to the NVC?

Thanks so much,

Deb

[bryonm4 0]

My husband was interviewed for K3 visa back in Aug of 2008. We were put in AP for background investigation. He was re-interviewed in Dec. 2008 and was told that our petition would be sent back for possible revocation. Our petition made it back in March 2009 and I was presented with a NOIR at the beginning of July. I sent back the evidence required to dispute consular findings on July 27. Received email notice that the case processing had resumed on July 30, 2009. I received a notice of decision in the mail today that really confuses me.

It says, " This notice is in reference to the Form I-239F, petition for an Alien Fiance, filed for ************ pursuant to section 101(a) (15) (K) of the Immigrationand Nationality Act, as amended. The petition was approved on January 9, 2008, and was forwarded abroad to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to the United States Citizenship and Immigration Services with a finding that the beneficiary was not issued the requested K3 visa. Since the period of validity has now expired, the petition will not be revalidated. Therefore, in accordance with 8 CFR 214.2 (k) (5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I-129F, Petition for an Alien Fiance (e) for the beneficiary."

First of all, I have an approved I-130 petition that was approved on the same day as the K3. Secondly, we have been married for over two years, so I could not reapply for a new I-129F for both reasons. Thirdly, I never received a letter stating whether it was revoked or was reaffirmed, so I am not sure what to do. My question is can I now push the approved I-130 to the NVC?

Thanks so much,

Deb

I think I would call them if I were you. There is something wrong with teh USCIS.

I filed a 129f Fiancee that expired however I recived an email on july 30th that said they sent me a notice of denial. They didn't even send out a NOID and should have done that instead of denying it or let send me a notice of decsion that it expired. I have not gotten my letter yet but since we have filed for the CR1 and they have had it since may 5th not approved yet I am very worried.

Others have gotten simular emails when I call the USCIS now they say the same thing the email said and that a rep would have no more info however since you have your letter now you should be able to talk to somebody