How to re-file K1 after denial?

[tdn818 0]

Hi all,

Been reading the forum for the past month and finally found a way to post in the Vietnam portal.

Too make a long story short, my fiancee got denied on September 22nd 2010. We didn't really prepare for the interview because I was pretty confident I prepared all the paperwork and provided examples of our 4 year relationship.

Anyway, I would like to re-file the K-1 again. What would be the next steps?

I contacted the Vermont Service Center several weeks ago and they informed me they can not "revoke" my case since they have not received it from the US embassy in Vietnam.

My fiance will contact the US embassy in HCMC again in a couple of days to figure out whether they sent the denial back to the USCIS (U.S. Citizenship and Immigration Services).

[NigeriaorBust 4,087]

If your petition is beyond 4 from approval ( NOA2) simply refile stating you are assuming that the prior petition has expired. You also need to say something about filing a second petition in less than 5 years. Once again word to the effect that you do not believe you are subject to the waiver because you are petitioning the same person but that you request the waiver.