Expiration of a NOA2

[agv1974 2]

Hi everyone,

My NOA2 was approved on August 5,2010, but my fiance was denied the visa, according to the consulate the file was sent back to USCIS. From what I have read the NOA2 expires after 4 months. So does this mean if I dont get a NOIR or NOID by the 4 month expiration I can refile or do I have to wait to get a letter from USCIS?

[Rhonda2011 0]

Hello there,my wife and i had the same problem a few months ago.Our K1 petition was denied when i went for my interview.So we arranged and she came to Ghana and we got married.We decided to just forget about the k1 because it will take a long time for us to fight the Uscis for them to bring our case back to the consulate here in Accra Ghana.We have filled for a CR1 petition now and are hoping things will got right this time. Its quite hurtful and heartbreaking but we had no option than to start all over again.My wife and i are ready to wait no matter how long it take for us to be together and dont see starting all over as a problem.Although we miss each other all the times and wishe we were together,we still believe God will bring us togthere very soon.I think you should consider getting married and reapplying for a Cr1.

[agv1974 2]

Hello there,my wife and i had the same problem a few months ago.Our K1 petition was denied when i went for my interview.So we arranged and she came to Ghana and we got married.We decided to just forget about the k1 because it will take a long time for us to fight the Uscis for them to bring our case back to the consulate here in Accra Ghana.We have filled for a CR1 petition now and are hoping things will got right this time. Its quite hurtful and heartbreaking but we had no option than to start all over again.My wife and i are ready to wait no matter how long it take for us to be together and dont see starting all over as a problem.Although we miss each other all the times and wishe we were together,we still believe God will bring us togthere very soon.I think you should consider getting married and reapplying for a Cr1.

Is the CR1 the I-130?

thanks

[tany1157 161]

Hi everyone,

My NOA2 was approved on August 5,2010, but my fiance was denied the visa, according to the consulate the file was sent back to USCIS. From what I have read the NOA2 expires after 4 months. So does this mean if I dont get a NOIR or NOID by the 4 month expiration I can refile or do I have to wait to get a letter from USCIS?

Yes you can marry and refile the I130....but you need to understand something very clearly....YOU MUST WAIT TO SEE WHAT HAPPENS WITH THE K1 BEFORE FILING THE I130!!! If the uscis decides to let it expire, they will send you a letter....if they decide to send you a noir (notice of intent to revoke) then you MUST answer it.....if you ignore your k1, it looks very bad on your case....it will look like you agree with the consulars findings, and they will put a fraud marker on your file...also, it is very risky to marry without knowing what will happen with your k1, because if you get married, and they decide to let you rebut the consulars finding, then you are SOL, because closing the k1 yourself apparently doesn't look good either....I think most of the time, they let the k1 expire, and they send you a notice saying it has expired, if this happens, you can refile at any time.

Now, I will tell you what happened with us. We were denied as well in january....we knew all the info I stated above, and we took the chance, and got married a couple of months later....we were lucky, because the VSC let our case expire, and a few weeks later, we sent out our cr1....but like I said, this was a huge gamble....but fortunately it worked out for us....good luck with your journey, and if I stated anything wrong, I am sure someone more knowledgable will correct me....

Good Luck!!!

[tany1157 161]

also, you probably won't get anything from uscis before your case expires....because it takes a while to get back to the states, and go through the nvc, then back to uscis....what sucks is that you never know what they will do...let expire or send noir....

[agv1974 2]

Yes you can marry and refile the I130....but you need to understand something very clearly....YOU MUST WAIT TO SEE WHAT HAPPENS WITH THE K1 BEFORE FILING THE I130!!! If the uscis decides to let it expire, they will send you a letter....if they decide to send you a noir (notice of intent to revoke) then you MUST answer it.....if you ignore your k1, it looks very bad on your case....it will look like you agree with the consulars findings, and they will put a fraud marker on your file...also, it is very risky to marry without knowing what will happen with your k1, because if you get married, and they decide to let you rebut the consulars finding, then you are SOL, because closing the k1 yourself apparently doesn't look good either....I think most of the time, they let the k1 expire, and they send you a notice saying it has expired, if this happens, you can refile at any time.

Now, I will tell you what happened with us. We were denied as well in january....we knew all the info I stated above, and we took the chance, and got married a couple of months later....we were lucky, because the VSC let our case expire, and a few weeks later, we sent out our cr1....but like I said, this was a huge gamble....but fortunately it worked out for us....good luck with your journey, and if I stated anything wrong, I am sure someone more knowledgable will correct me....

Good Luck!!!

Thanks that was very helpful.

[Sisyphus 1]

Hi everyone,

My NOA2 was approved on August 5,2010, but my fiance was denied the visa, according to the consulate the file was sent back to USCIS. From what I have read the NOA2 expires after 4 months. So does this mean if I dont get a NOIR or NOID by the 4 month expiration I can refile or do I have to wait to get a letter from USCIS?

Proceed with caution!!!

Read this topic: http://www.visajourney.com/forums/topic/256528-how-to-reapply-a-denied-k1-visa-china/

Also review this article (and the others) By Marc Ellis immigration attorney:

http://www.ilw.com/articles/2007,1018-ellis.shtm

Good luck

Edited November 1, 2010 by Sisyphus

[agv1974 2]

Proceed with caution!!!

Read this topic: http://www.visajourney.com/forums/topic/256528-how-to-reapply-a-denied-k1-visa-china/

Also review this article (and the others) By Marc Ellis immigration attorney:

http://www.ilw.com/articles/2007,1018-ellis.shtm

Good luck

very informative ... thanks

[Always+Forever 7]

Also u should know that back in June I was told be the Consular Chief at the time that there was a new policy making it required to extend the expiration date to the maximum amount BEFORE they returned it to the US, so you may also want to confirm that...you may have another 4 mths from the date sent. And u will get a NOID with the K1 I've heard of others refiling the K1 and then getting the NOID after refiling or after getting married & filing the CR-1. You need to be sure and read all of the info for each way & be sure to respond to EVERYTHING you receive in regards to the originial application...don't wanna a pc6 marker for not responding...I read about a lot of those on USCIS. Hope this helps & best of luck...just be sure not to rush anything as far as reapplying without knowing exactly what can happen either way.

Monica

[agv1974 2]

Also u should know that back in June I was told be the Consular Chief at the time that there was a new policy making it required to extend the expiration date to the maximum amount BEFORE they returned it to the US, so you may also want to confirm that...you may have another 4 mths from the date sent. And u will get a NOID with the K1 I've heard of others refiling the K1 and then getting the NOID after refiling or after getting married & filing the CR-1. You need to be sure and read all of the info for each way & be sure to respond to EVERYTHING you receive in regards to the originial application...don't wanna a pc6 marker for not responding...I read about a lot of those on USCIS. Hope this helps & best of luck...just be sure not to rush anything as far as reapplying without knowing exactly what can happen either way.

Monica

I dont plan on filing a CR1 till next year so i guess there is plenty of time to get a response from USCIC. Thanks for the info it was helpful.

[moroccogirlny 100]

I never got a NOID or notice of expiration. I did refile a k1 3 years later but that was because my husband (fiance then) went back to school. We thought we would have heard back from USCIS during that time but NOTHING. When we refiled the 1st petition was addressed with what knowledge we had from the 1st interview. They had no grounds for denial the 2nd time around and he is now with me in the USA

[Always+Forever 7]

I never got a NOID or notice of expiration. I did refile a k1 3 years later but that was because my husband (fiance then) went back to school. We thought we would have heard back from USCIS during that time but NOTHING. When we refiled the 1st petition was addressed with what knowledge we had from the 1st interview. They had no grounds for denial the 2nd time around and he is now with me in the USA

Yeah...that's the good thing...they can't deny u for the same reason they originally denied u for if the service center approves it again.

Monica

[nabilnicole 0]

MOnica,

explain this to me about they can't deny for the same reason....you mean if you re-apply for a K1 or K3 and the uscis and nvc approve a 2nd petition?

nicole

[Always+Forever 7]

MOnica,

explain this to me about they can't deny for the same reason....you mean if you re-apply for a K1 or K3 and the uscis and nvc approve a 2nd petition?

nicole

When you get denied, for the case to get back to the consulate for an interview is has to be reviewed by the Service Center you apply with. Which is what happens when you get the NOID/NOIR...(from what i understand) the reason for the 1st denial still has to be reviewed before a new application (K1, K3, or CR1) can be approved, even if the original K1 expires (thus not reviewed until a new application is filed). I believe it probably also depends on your case on if they will send a notice to you for more information regarding the denial or not. For example, if ppl wait for a long time to reapply, it may prove wrong the concerns brought up in the denial, etc. And so the original denial would be considered irrelivant, because the Service Center decided that the reasoning for the denial is not valid or accurate. I hope this makes sense...lol...please ask if you have any other questions, or if this doesn't make sense.

Monica