Steps to refile K-1 after failed interview

[tdn818 0]

Hi everyone,

My fianceé failed her interview on September 22 2010. I was so confident in the paperwork that I submitted that I lost focus on the interview. The denial stated many things I totally disagreed with but I'm moving on. My goal is to refile the K-1 as soon as possible. I called the USCIS-Vermont office and informed them that my fianceé failed her interview and I do NOT want to rebut the consular finding. The USCIS-Vermont office informed me that they would need the petition from the US Consulate General-HCM.

My fianceé informed me that she visited the US Consulate General-HCM several times. The last time she visited them (Nov 9th 2010) someone told her that there has been petitions for over a year now and they still haven't sent it out yet.

I've been reading posts in VisaJourney but I'm still not sure the next steps.

Per the blue denial letter...

"The case will next be reviewed by the Immigrant Visa Chief, upon occurrence of the Immigrant Visa Chief with the reviewing officer's decision, the case will be returned to USCIS for review and possible revocation."

I don't want to wait 1 year before the USCIS-Vermont office receives it.

How can I expedite this process so I can refile the K-1? Are there steps I'm missing.

Thanks in advance.

Per the blue denial letter...

"The following remarks apply in your case"

"Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only two or three days together" - I had pictures from 2006-2009, VungTau, Dalat and Nha Trang. They were all taken by photographers with the date and location. Planning to show pictures of us together goofing around.

"Beneficiary and-or Petitioner submitted no evidence of an engagement celebration". – Planning on have something similar with all her family and my mom/her boyfriend. My dad and his girlfriend will NOT be there at the same time.

"It does not appear that the claimed relationship is continuous and ongoing. For example, Petitioner has not returned to visit Beneficiary since September 2009" - This really upset me. Visited her twice in 2006, twice in 2007, twice in 2008, twice in 2009 and once in 2010. When in 2010? A week after her initial interview!!! She even told them I was visiting in a week. I didn't visit her twice in 2010 because I started a new job in March of 2009 and only have 2 weeks. Spent time in Vietnam before I started the new job.

"Beneficiary is unaware of basic facts regarding Petitioner's occupation, livelihood and-or worklife. For example, Beneficiary could only say that Petitioner works in web design. Beneficiary could not recall the company name of Petitioner's work place nor the name of Petitioner's coworkers" - OK... She forgot the name of my company. She was stumped on many questions. I will tell her the names of my colleagues and my boss.

"Beneficiary is unaware of basic facts regarding Petitioner's personal history and-or significant life experiences. For example, Beneficiary did not know how Petitioner immigrated to the United States." - OK... just told her we our family were refugees and went to the US by helicopter and by boat.

"Beneficiary is unaware of basic facts regarding Petitioner's educationally level, background, and history. For example, Beneficiary could only state that Petitioner went 10 university" - OK... didn't tell her where I went to college, degree I have etc.

"Beneficiary is unable to provide basic facts (such as ceremony, manner of celebration, venue, guests or approximate costs) regarding the claimed plannned marriage in the U.S. It appears that the relationship is a sham or that the Beneficiary has no actual intent to marry within 90 days of admission to the U.S. (or both)." - OK... I don't even know some of the facts. Kind of mean saying this is a sham. My fianceé does know 100% that she has 90 days to marry.

"Beneficiary is unaware of the requirement to marry within 90 days of admission 10 the U.S. Therefore, it appears that Beneficiary does not have the intent to comply with requirements of the visa category applied for or that the claimed relationship is sham (or both)." - OK... I'm just speechless now.

Sorry if there are spelling errors... I pdf'd the scan my fianceé sent and OCR'd the text. If anyone has any questions, please let me know.

[Inky 1,111]

Name and date and place on the backs of your pictures in pen.

Time stamped pictures can be altered very easly with computers and just by changing the date on cameras.

Edit try and get ones with different seasons if possible too. We sent TONS of photos with all info writen on the back plus showing different seasons and times of day.

Edited November 9, 2010 by Inky

[VanessaTony 3,567]

It IS a bit odd that after 4 years together she doesn't know what degrees you have, how you immigrated, any of your colleagues names or company you work for. Odd that you haven't even investigated state requirements for marriage (some states have set waiting periods and it's important to know that) or able to tell them whether civil or religious ceremony. How many guests approximately (like 100+ or 300+ or small an intimate?)

The engagement celebration would have stuffed me. We didn't have one. Must be a cultural thing.

Photos. Obviously while over a few years, the dates weren't diverse enough. So if you visited for one week have a few from each day, or as many from that week (even if they're ####### photos) to show you spent the ENTIRE visit with her.

Visiting also would have stuffed me. I only visited Oct-Dec 2008 and my interview was Sept 2009. The recent visit should help.

Proving that you DID in fact visit when she said you would helps. However all that stuff she didn't know.. it's hard to overcome... maybe a re-file would be better, prove to them that you're STILL together after the denial and striving to know more about each other.

[BinhJerome 14]

,

Hi everyone,

My fianceé failed her interview on September 22 2010. I was so confident in the paperwork that I submitted that I lost focus on the interview. The denial stated many things I totally disagreed with but I'm moving on. My goal is to refile the K-1 as soon as possible. I called the USCIS-Vermont office and informed them that my fianceé failed her interview and I do NOT want to rebut the consular finding. The USCIS-Vermont office informed me that they would need the petition from the US Consulate General-HCM.

My fianceé informed me that she visited the US Consulate General-HCM several times. The last time she visited them (Nov 9th 2010) someone told her that there has been petitions for over a year now and they still haven't sent it out yet.

I've been reading posts in VisaJourney but I'm still not sure the next steps.

Per the blue denial letter...

"The case will next be reviewed by the Immigrant Visa Chief, upon occurrence of the Immigrant Visa Chief with the reviewing officer's decision, the case will be returned to USCIS for review and possible revocation."

I don't want to wait 1 year before the USCIS-Vermont office receives it.

How can I expedite this process so I can refile the K-1? Are there steps I'm missing.

Thanks in advance.

Per the blue denial letter...

"The following remarks apply in your case"

"Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only two or three days together" - I had pictures from 2006-2009, VungTau, Dalat and Nha Trang. They were all taken by photographers with the date and location. Planning to show pictures of us together goofing around.

"Beneficiary and-or Petitioner submitted no evidence of an engagement celebration". – Planning on have something similar with all her family and my mom/her boyfriend. My dad and his girlfriend will NOT be there at the same time.

"It does not appear that the claimed relationship is continuous and ongoing. For example, Petitioner has not returned to visit Beneficiary since September 2009" - This really upset me. Visited her twice in 2006, twice in 2007, twice in 2008, twice in 2009 and once in 2010. When in 2010? A week after her initial interview!!! She even told them I was visiting in a week. I didn't visit her twice in 2010 because I started a new job in March of 2009 and only have 2 weeks. Spent time in Vietnam before I started the new job.

"Beneficiary is unaware of basic facts regarding Petitioner's occupation, livelihood and-or worklife. For example, Beneficiary could only say that Petitioner works in web design. Beneficiary could not recall the company name of Petitioner's work place nor the name of Petitioner's coworkers" - OK... She forgot the name of my company. She was stumped on many questions. I will tell her the names of my colleagues and my boss.

"Beneficiary is unaware of basic facts regarding Petitioner's personal history and-or significant life experiences. For example, Beneficiary did not know how Petitioner immigrated to the United States." - OK... just told her we our family were refugees and went to the US by helicopter and by boat.

"Beneficiary is unaware of basic facts regarding Petitioner's educationally level, background, and history. For example, Beneficiary could only state that Petitioner went 10 university" - OK... didn't tell her where I went to college, degree I have etc.

"Beneficiary is unable to provide basic facts (such as ceremony, manner of celebration, venue, guests or approximate costs) regarding the claimed plannned marriage in the U.S. It appears that the relationship is a sham or that the Beneficiary has no actual intent to marry within 90 days of admission to the U.S. (or both)." - OK... I don't even know some of the facts. Kind of mean saying this is a sham. My fianceé does know 100% that she has 90 days to marry.

"Beneficiary is unaware of the requirement to marry within 90 days of admission 10 the U.S. Therefore, it appears that Beneficiary does not have the intent to comply with requirements of the visa category applied for or that the claimed relationship is sham (or both)." - OK... I'm just speechless now.

Sorry if there are spelling errors... I pdf'd the scan my fianceé sent and OCR'd the text. If anyone has any questions, please let me know.

First mistake, don’t ever say you do not want to do a rebuttal that is saying they are right. If you say that then they can do the same again, or even issue a NOID. If you have read any of the forums, then you must know that you cannot simply file again, because your case must be closed. I am about to go to class, but I wanted to chime in a bit, and I will give a better explanation later.

1. You must wait for your case to be closed

2. You must be able to disprove the original reasons for denial or they will deny again

3. If you do get a chance at a rebuttal, take it. If you do not take it you are all but admitting to attempting to commit visa fraud and in doing so you will get a lifetime ban.

Good luck and I will reply more in-depth later

Jerome

[BinhJerome 14]

It looks like all of the reasons for denial you can argue. If you have been dating for so long then it would sound strange for someone to not know the company you work for or what degree or college you went to. Not saying that I agree with them on their call, but those are things that me and my wife discussed when we were dating, she knew my boss, who I worked with the whole 9 yards, not for the interview either, but when we talk she would ask how my day was, and I would talk about my day. The engagement party and how you immigrated are also big deals in my view, if you are from Vietnam, then I am sure that she should have known how you immigrated to the US, even if you were little and didnt even really remember how, it is something that should have came up. THe engagement party is also serious since you are Vietnamese/American. This is something that HCMC always seems to frown at, even though there is no actual requirement that says you MUST have an engagement party, but it is something that you should address before you refile.

As I said earlier, you have to first make sure your case is actually closed before you refile, and then you need to be prepared if they issue a NOID when you do refile to have a rebuttal ready, because if the NOID does not get overturned they WILL put a p6 marker on your fiancee's file and she will more than likely NEVER get a visa to the USA. Most of the things they said are easily argued, you have made the trips, but the conversation is not there that should be there. When I would talk with Yahoo with my wife, we had to find things to say since we talked every day, and this is where work came into the subject, and with as many years as you two have been seeing each other it still amazes me that you never talked about your immigration, your work, or your degree. Regardless of what you did or did not talk about, you need to talk about it now that is certain.

I would advise to wait, since you cannot cancel the petition now that it was denied, if it was that easy people would do that all the time so they would not have to argue the denial, so you need to wait, and see what they do, if they offer a rebuttal, it would be smart to take the oppertunity to argue why they denied you, if you choose not to they will most likely accept it as truth, and when you refile again you will be forced into a rebutal situation, accept they will probably have a NOID attached to it making it far more important to argue. SO basically just get all your evidence, ticket stubs, passport pictures with the Visa's, any hotel reciepts, trip reciepts, the whole 9 yards ready, and also think of a good reason you did not talk to each other about work.

There is ONE question I have, when it stated she did not know about the 90 day time frame to be married in, did she write a letter saying she was going to marry you within 90 days?? Have you even talked about a wedding in the US?? Things to definately consider before you do a rebuttal or anything if you have not discussed them.

Good Luck Jerome

[Ban Hammer 13,438]

2. You must be able to disprove the original reasons for denial or they will deny again

:thumbs: :thumbs:

[NigeriaorBust 4,087]

You don't need to wait for your K1 to be closed. Wait until the 4 months of approval to pass per your NOA2 if it hasn't already. Submit a new much better petition and state that you are assuming that the original K1 is expired ( this allows the new one without closing and defacto agreeing with the original rejection ) The will most likely retrieve the old one and see if you have overcome the issues and then proceed with the second one and officially expire the old one. Otherwise they will send s noid on the second one. This is what we did and it worked.

[BinhJerome 14]

You don't need to wait for your K1 to be closed. Wait until the 4 months of approval to pass per your NOA2 if it hasn't already. Submit a new much better petition and state that you are assuming that the original K1 is expired ( this allows the new one without closing and defacto agreeing with the original rejection ) The will most likely retrieve the old one and see if you have overcome the issues and then proceed with the second one and officially expire the old one. Otherwise they will send s noid on the second one. This is what we did and it worked.

I know 3 people personally that have done this, and all petitions were sent back, checks not cashed with letters stating that the original petition MUST be closed BEFORE a new petition can be granted. Until it is closed, allowed for a rebuttal, or allowed to expire you cannot have multiple petitions. When the Embassy denies it they do not actually deny anything, the embassy only has the power to GRANT a visa, they CANNOT DENY ANY visa, only RECCOMEND it to be denied, all the denials are done stateside, not at the embassy abroad, this is why they will not allow a second petition to start until the original one has been delt with.

To the OP, you must wait until they send you notice that your case has been closed. This is a must, or many people would continue to refile as soon as they recieved a denial in hopes of getting a different CO and then getting a visa. Anyone who tells you different has been miss informed.

Jerome

[tdn818 0]

Thank you so much for replying !!!

I understand my case must be closed before filing again.

I know I must wait for the US Consulate General-HCM to return the case to the USCIS. My fianceé stated that it could be up to 1 year. Does anyone know how long it takes the US Consulate General-HCM to send the case back to the USCIS?

Is there anything I can do to expedite this process? I'm planning on visiting my Congressman, Gary Ackerman's office Thu morning (11.11.10). Should I request any assistance? I don't want to cause more problems.

I've been asking around and some say that it's faster to accept the denial then do a rebuttal. Can someone confirm this?

Regardless, I plan on arguing why the US Consulate General-HCM denied me per everyone's replies.

To answer some common questions on the board.

My degree is a BS in Industrial Hygiene-Environmental Toxicology. I only told my fianceé once but wasn't even sure how to say it in Vietnamese. I said it had to do with Chemistry. It was my fault I did NOT follow up with her. We talked about my college, degree, etc and we are clear.

My company and colleagues/boss. She forgot the name of the Pharma Advertising firm I presently work for. I started in March 2nd 2009 and filed the Form I-129F, Petition for K-1 Fiancée on July 7th 2009. My previous job was at an investment bank and I hated it. I didn't care for my boss or my colleagues. I was a manager and laid off entire departments. I didn't feel like "whining" to my fianceé when I'm pretty well off compared to distant relatives and my fianceé in Vietnam. We talked about my employers, names of colleagues at work, neighbors, neighbors names etc and we are clear.

My immigration to the US was from a helicopter at the US Embassy to a ship then to Gaum, then to Pennsylvania then to Massachusetts. Totally my fault that I did NOT fully explain this to her. This is something my parents never really talked about. My mom still screams at night after 30+ years. My mom was a secretary for the US Embassy and my dad was a medic in the SVA (South Vietnamese army). We lived in a poor area and everyone was threatening my mom and dad. The neighbors said they would report our family to the Viet Cong when they take over the South. The Viet Cong would then kill my parents and the kids would be orphans. This would happen every day. Anyway, we hit the jackpot when we got rescued. My family couldn't make it to the roof of the US Embassy in HCM because the roof/helipad was over run by young guys forcing their way in. My family was stuck in the court yard. Since the roof/helipad was packed with people, a helicopter landed right in front of us. My mom and dad told me they were ready to die. They don't like talking about but had to ask them. My mistake that I just told my fianceé the basics. She now understands how I emigrated to the US with my family.

Marriage within 90 days. My fianceé was furious when she read this. She totally understands that we have 90 days. I (Petitioner) and my fiancée (Beneficiary) "both" wrote letters certifying intent to marry within 90 days. These letters were included in the original I-129F submission on July 7th 2009 and an updated package on July 31st 2010 for her interview. I have all our copies. We talked about a wedding but again, it was my fault that I never told her the exact date, location, place, number of people, type, honeymoon etc. We are clear now.

I'm planning on doing an engagement party in Feb/Mar of 2011. All her family and my mom/boyfriend. My dad/girlfriend can't make it.

If anyone has any questions, please let me know.

Thanks again to everyone. I so much appreciate everyone's advice.

[BinhJerome 14]

Thank you so much for replying !!!

I understand my case must be closed before filing again.

I know I must wait for the US Consulate General-HCM to return the case to the USCIS. My fianceé stated that it could be up to 1 year. Does anyone know how long it takes the US Consulate General-HCM to send the case back to the USCIS?

Is there anything I can do to expedite this process? I'm planning on visiting my Congressman, Gary Ackerman's office Thu morning (11.11.10). Should I request any assistance? I don't want to cause more problems.

I've been asking around and some say that it's faster to accept the denial then do a rebuttal. Can someone confirm this?

Regardless, I plan on arguing why the US Consulate General-HCM denied me per everyone's replies.

To answer some common questions on the board.

My degree is a BS in Industrial Hygiene-Environmental Toxicology. I only told my fianceé once but wasn't even sure how to say it in Vietnamese. I said it had to do with Chemistry. It was my fault I did NOT follow up with her. We talked about my college, degree, etc and we are clear.

My company and colleagues/boss. She forgot the name of the Pharma Advertising firm I presently work for. I started in March 2nd 2009 and filed the Form I-129F, Petition for K-1 Fiancée on July 7th 2009. My previous job was at an investment bank and I hated it. I didn't care for my boss or my colleagues. I was a manager and laid off entire departments. I didn't feel like "whining" to my fianceé when I'm pretty well off compared to distant relatives and my fianceé in Vietnam. We talked about my employers, names of colleagues at work, neighbors, neighbors names etc and we are clear.

My immigration to the US was from a helicopter at the US Embassy to a ship then to Gaum, then to Pennsylvania then to Massachusetts. Totally my fault that I did NOT fully explain this to her. This is something my parents never really talked about. My mom still screams at night after 30+ years. My mom was a secretary for the US Embassy and my dad was a medic in the SVA (South Vietnamese army). We lived in a poor area and everyone was threatening my mom and dad. The neighbors said they would report our family to the Viet Cong when they take over the South. The Viet Cong would then kill my parents and the kids would be orphans. This would happen every day. Anyway, we hit the jackpot when we got rescued. My family couldn't make it to the roof of the US Embassy in HCM because the roof/helipad was over run by young guys forcing their way in. My family was stuck in the court yard. Since the roof/helipad was packed with people, a helicopter landed right in front of us. My mom and dad told me they were ready to die. They don't like talking about but had to ask them. My mistake that I just told my fianceé the basics. She now understands how I emigrated to the US with my family.

Marriage within 90 days. My fianceé was furious when she read this. She totally understands that we have 90 days. I (Petitioner) and my fiancée (Beneficiary) "both" wrote letters certifying intent to marry within 90 days. These letters were included in the original I-129F submission on July 7th 2009 and an updated package on July 31st 2010 for her interview. I have all our copies. We talked about a wedding but again, it was my fault that I never told her the exact date, location, place, number of people, type, honeymoon etc. We are clear now.

I'm planning on doing an engagement party in Feb/Mar of 2011. All her family and my mom/boyfriend. My dad/girlfriend can't make it.

If anyone has any questions, please let me know.

Thanks again to everyone. I so much appreciate everyone's advice.

The problem with not doing a rebuttal is basically saying “Yes you were right, we were trying to immigrate to the United States illegally” But now we want to file again, and this time it is “real.” Do you understand what I mean when I say it this way? NOW, if you were to come here and get married before your petition was sent back, and then not do a rebuttal because you could no longer file for a K1 Visa since you are now both married, this says something different, it says that you know you are now ineligible to file for a K1 Visa, and in no way shape or form are you agreeing with what they said, you are simply stating that you know that because you are married that you must now file for a CR1, but even with this you must still disprove what they said about you. Most of what you said you can easily argue, and you can also make sure that it will not happen the second time around.

Again this is just my take on things; you might be able to avoid doing a rebuttal, not get a NOID, and get another interview with a new petition, and get approved. This can happen; I am not saying that it couldn’t happen this way. I am simply stating from what I have seen that more than likely you will face troubles doing it this way.

Is there any way to speed up the process, not really. Honestly the chances of them allowing you an opportunity to even do a rebuttal are slim. I do not want to say 1 in 10 or anything like that, simply slim. Most people do not get the chance, and this is why there is currently a class action lawsuit going on. In the denial letter they state you will have the chance for a rebuttal, but it usually never happens, at least depending on where it is sent to. They generally let the petition expire, and then you are free to file a new petition, but remember MAKE SURE YOU DISPROVE THEIR ORIGINAL FINDINGS ANY WAY YOU CAN!!! Yes the time is long, and for many people it is very hard to take, but there is nothing we can actually do about it, and if you do not really want to do a rebuttal, then your best bet is to simply be quiet, and wait. If you keep calling or having your senator look into your case, they might take another look and reaffirm it, and this is what takes so long. With our case, they let it expire, as with many others, but as I keep saying, even if they let your case expire, MAKE SURE YOU DISPROVE THEIR ORIGINAL FINDINGS WHEN YOU REFILE. I cannot stress this enough, and the reason is that even if they let it expire, you can still be hit with a NOID, and if that happens then you MUST defend against it and rebut their reasons for issuing a NOID, and you have 30 days to do so or face a P6 marker being placed on her file.

Good luck as always

Jerome

[NigeriaorBust 4,087]

And I did it and the petition went through and the net result was the first petition was expired and the second went onward. You have to word your cover letter correctly not just throw a petition at them. So don't say you must when there is proof that you don't have to.

I know 3 people personally that have done this, and all petitions were sent back, checks not cashed with letters stating that the original petition MUST be closed BEFORE a new petition can be granted. Until it is closed, allowed for a rebuttal, or allowed to expire you cannot have multiple petitions. When the Embassy denies it they do not actually deny anything, the embassy only has the power to GRANT a visa, they CANNOT DENY ANY visa, only RECCOMEND it to be denied, all the denials are done stateside, not at the embassy abroad, this is why they will not allow a second petition to start until the original one has been delt with.

To the OP, you must wait until they send you notice that your case has been closed. This is a must, or many people would continue to refile as soon as they recieved a denial in hopes of getting a different CO and then getting a visa. Anyone who tells you different has been miss informed.

Jerome

[BinhJerome 14]

And I did it and the petition went through and the net result was the first petition was expired and the second went onward. You have to word your cover letter correctly not just throw a petition at them. So don't say you must when there is proof that you don't have to.

Please see your own words....... you said what I said, it must be closed/expired PERIOD

If your petition was not expired, then guess what your second petition would have been sent back to you like it was to my other three friends. The facts are simple, you might not have got the letter saying they let your petition expire, but your petition did in fact make it back to the USA and someone put down in a computer that your first petition had expired.

If a person could in fact do as you say they can (meaning file a new petition prior to the first being closed/expired with NO problem) then people could file multiple petitions at the same time trying to save time in case of a denial. Heck I am sure that there are tons of people specifically in HCMC that would file a new petition every 2 months, and try to get multiple interviews this way if their first was denied before it ever got back to the USA they would already be setting up their second petition, and guess what that one failed again, but remember they were able to file before any petition was actually closed/expired, so on their third try they finially get a visa issued.

Now back to reality, go to the USCIS website, and it clearly shows that you CANNOT have multiple petitions floating around because of this very same reason, and if you are dead set in thinking that you can, you are more than welcome to call 1-800-375-5283 OR you can go to their website http://travel.state....types_2994.html

No matter how you look at it, your own words say it all, your petition was in fact expired prior to you filing for your second K1 Visa, you might not have received the notice yet, but it was already entered into the computer as being expired. Things can be entered into computers for weeks, or months before they ever get sent out.

Jerome

Edited November 10, 2010 by jeromebinh

[NigeriaorBust 4,087]

No read my words I sent the second one while the first one was still under review and they one on the same day approved petition 2 and expired petition 1 No waiting for the first one to die. The second petition was filed months before the first one was closed.

Please see your own words....... you said what I said, it must be closed/expired PERIOD

If your petition was not expired, then guess what your second petition would have been sent back to you like it was to my other three friends. The facts are simple, you might not have got the letter saying they let your petition expire, but your petition did in fact make it back to the USA and someone put down in a computer that your first petition had expired.

If a person could in fact do as you say they can (meaning file a new petition prior to the first being closed/expired with NO problem) then people could file multiple petitions at the same time trying to save time in case of a denial. Heck I am sure that there are tons of people specifically in HCMC that would file a new petition every 2 months, and try to get multiple interviews this way if their first was denied before it ever got back to the USA they would already be setting up their second petition, and guess what that one failed again, but remember they were able to file before any petition was actually closed/expired, so on their third try they finially get a visa issued.

Now back to reality, go to the USCIS website, and it clearly shows that you CANNOT have multiple petitions floating around because of this very same reason, and if you are dead set in thinking that you can, you are more than welcome to call 1-800-375-5283 OR you can go to their website http://travel.state....types_2994.html

No matter how you look at it, your own words say it all, your petition was in fact expired prior to you filing for your second K1 Visa, you might not have received the notice yet, but it was already entered into the computer as being expired. Things can be entered into computers for weeks, or months before they ever get sent out.

Jerome

Edited November 10, 2010 by NigeriaorBust

[BinhJerome 14]

No read my words I sent the second one while the first one was still under review and they one on the same day approved petition 2 and expired petition 1 No waiting for the first one to die. The second petition was filed months before the first one was closed.

Did you call USCIS, because I did wanting to put this to rest, I also looked the website, and not only called once, but twice so that I could get answers from two seperate people, and guess what. BOTH people said that they will not process a second visa if there is still an ACTIVE visa. So even if you did file when you thought your petition was still under review guess what. IT WAS CLOSED! Unless you were an odity that got through the cracks, the LAWS clearly state you are only eligable to file for one K1 Visa at a time.

Read my words, because I will say this again. Your petition might have been under review when you sent in your second petition, or maybe it had already expired, and you never got the notice. They can let cases expire enter them into the computer as expired, then they can sit for months prior to ever being mailed out to the petitioners. When I talked to both people because you were so certain that you could file multiple petitions, I even asked them if the second one would expire the first, and they said NO because of the same reasons I gave in my last post about people filing 2 or more petitions trying to get the result they wanted. I am trying to get clear and accurate words out that everyone can understand and relate to, so please call the number I listed, and ask if it could happen, I did, and both people confirmed what the laws say, that you are not able to file multiple petitions for a K1 visa at the same time. NOW they did say if you went from a K1 to a CR1 that the CR1 would expire the K1 visa because you were now no longer able to even file for a K1 visa and no matter what they determined on your original K1 there was no way it would be valid, but even with a CR1 they said you would still have to address the reasons for the denial of the K1.

Call them because I am no longer going to argue on this subject, as I DID call them twice, as I have read the laws regarding it as well, and I even got the emails from the HCMC consulate stating I had to wait until my case was finished before I could do anything.

Jerome

[NigeriaorBust 4,087]

I don't need to call the USCIS misinformation line. We had a K1 interview August of 2008 which was denied because my husband couldn't provide details of my classified work. The petition returned to US months later. We refiled in April 2009 , the first petition was under review online, I did an service request in May 2009 on the 1st petition after I received the NOA1 from the second petition and was told it was still under review. In August 2009 the second petition was approved and the first petition was expired. If people can't have 2 petitions in the system then how can a CR1 and a K3 co exist ? People get would denied for one and move forward with the second. ( back in the days when K3 lived with the CR1 )