What does re-filing a new K-1 petition do to the existing K-1 (petition being reviewed)?

[isitasham 1]

Does anyone know what happens to the existing K-1 petition (under review by USCIS) when I re-file for a new K-1? If I had gotten married and filed for CR-1 then the K-1 is null and void but what if I am re-filing for a K-1?

1. Does my original K-1 become null and void?

2. If not, am I in a position to choose from which ever one gets approved/re-affirmed first?

3. I think it makes sense to ask for a waiver (in anticipation), since I already have a K-1 (in process but not approved/re-affirmed). Any thoughts on that?

Anything else I should keep in mind while re-filing for a K-1?

Thanks!

[brlukath 1]

Does anyone know what happens to the existing K-1 petition (under review by USCIS) when I re-file for a new K-1? If I had gotten married and filed for CR-1 then the K-1 is null and void but what if I am re-filing for a K-1?

1. Does my original K-1 become null and void? Not automatically. You need to make sure the case was closed but not declared abandoned. There are lots of different consequences. Would need more detail about why you are filing again and what happened last time to tell.

2. If not, am I in a position to choose from which ever one gets approved/re-affirmed first? No

3. I think it makes sense to ask for a waiver (in anticipation), since I already have a K-1 (in process but not approved/re-affirmed). Any thoughts on that? Again, depends on the specifics of your case.

Anything else I should keep in mind while re-filing for a K-1?

Thanks!

[sara..... 371]

Does anyone know what happens to the existing K-1 petition (under review by USCIS) when I re-file for a new K-1? If I had gotten married and filed for CR-1 then the K-1 is null and void but what if I am re-filing for a K-1?

1. Does my original K-1 become null and void?

2. If not, am I in a position to choose from which ever one gets approved/re-affirmed first?

3. I think it makes sense to ask for a waiver (in anticipation), since I already have a K-1 (in process but not approved/re-affirmed). Any thoughts on that?

Anything else I should keep in mind while re-filing for a K-1?

Thanks!

I will admit im not fully sure but it would be my guess that you should wait until you find out if they will re-affirm it first......if you file for second k-1 with out knowing the out come of the first one.......if it gets re-affirmed you can not accept it as it is i believe voided out by the second filing.........im not an attorney but most when this happens if they dont want to wait to see the out come get married and file that way........

just my opinion

sara

[Gary and Alla 3,694]

Does anyone know what happens to the existing K-1 petition (under review by USCIS) when I re-file for a new K-1? If I had gotten married and filed for CR-1 then the K-1 is null and void but what if I am re-filing for a K-1?

1. Does my original K-1 become null and void?

2. If not, am I in a position to choose from which ever one gets approved/re-affirmed first?

3. I think it makes sense to ask for a waiver (in anticipation), since I already have a K-1 (in process but not approved/re-affirmed). Any thoughts on that?

Anything else I should keep in mind while re-filing for a K-1?

Thanks!

We are talking about petitions, not visas. There is no visa. You must withdraw one petition before submitting another. Your original petition becomes withdrawn.

No, you cannot "choose". You can choose to continue with one, or cancel it and start a new one. You cannot have two fiancee visas in process at one time. Decide and proceed accordingly.

Yes, you must use a waiver. You HAVE an approced petition. The petition was approved and sent back, so yes, you meet the need for a waiver by having an approved petition within the past two years.

Before doing ANYTHING it is absolutely essential that you understand in detail why your previous petition was returned and that you have corrected the problem. Otherwise you are blindly going forth and may have exactly the same problem as before. The same problems can carry over to a CR-1 visa. Getting married in itself removes NO obstacles, you still have to prove your relationship is not for immigration benefits, just as before. CR-1s are not a slam dunk

[isitasham 1]

All points/feed back well taken. Thank you for all the help. Here is a little more detail around my fiancee case:

1. According to the Consulate, the I-129F has already expired they mention that as one of the reasons in the denial letter along with (other reason) insufficient evidence to prove the relationship between me and my fiancee.

So I suppose technically the petition has expired but is still under review by the USCIS -- this leaves me to interpret it either way....... is that true? If I refile, I do it based on expired I-129F....right?

2. I understand that there may be a slim chance of the original petition being re-affirmed but I will be loosing a lot of time if the petition does not get re-affirmed. Looking at K.loveh's timeline (her's was a re-affirmed case), it can take up to 4 months from the time K-1 is received by USCIS to re-affirming of the petition. And then it could take another 4 months by the time the beneficiary gets the interview. So we are talking a long time here.

In addition, from what I have heard about the California service center, they rarely revalidate the petition once it has expired. So I have to make a decision whether I should even mess with the old K-1 file on top of it.

3. I do undertand that I need to make sure in my new petition that I have corrected the deficiencies that existed in it -- this I have done during my recent trip to India.

So once again, given the situation, what is the risk of re-filing for the K-1 while USCIS is still reviewing my old petition at their own pace?

It seems I am stuck and can't make a move till USCIS moves.