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me007

refiling help

By me007 in Philippines

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me007 Apprentice

me007   0

Posted
Filed: K-1 Visa Country: Philippines
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My fiancee had her interview and do to a small problem the interviewer at the us embassy canceled our i-129f.the interviewer was nice enough to let my fiancee know i had to refile.my fiancee was given a white paper stating I had to refile to be approved because of the small problem with the i-129f.So can I refile my i-129f quickly or do I have to wait for a letter from uscis..please help

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Tim/Mav Experienced

Tim/Mav   305

Posted
Filed: AOS (apr) Country: Philippines
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Posted (edited)

the small problem was we filed i-129f before fiances divorce was final

I was wondering what the problem was since only you could answer.

Yes, you have to be free to marry at the time of filing the Petition. But, it's not Manila's Fault. This should have been caught by USCIS and California Service Center a long time ago.

That should have been a RFE or denial at that point before going to Manila.

The 129-F would have to have documentation of being free to marry.

How did this happen? Were you aware your Divorce was not final? If so, your fault as well but it should have reconized earlier by USCIS before going to Manila with a MNL#.

Edited by Tim/Mav

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI
6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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me007 Apprentice

me007   0

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Filed: K-1 Visa Country: Philippines
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The divorce was final in oct 2011 we filed in sept 2011 and thought by the time it was approved we would be ok..So now can I just refile like the manila embassy said I can do Or do I have to wait for a letter from uscis?

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Dan & Jenni Proficient

Dan & Jenni   457

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Filed: K-1 Visa Country: England
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http://www.visajourney.com/forums/topic/356045-need-helpembassy-says-we-have-to-refile-i-129/page__p__5205020#entry5205020

I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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Tim/Mav Experienced

Tim/Mav   305

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

The divorce was final in oct 2011 we filed in sept 2011 and thought by the time it was approved we would be ok..So now can I just refile like the manila embassy said I can do Or do I have to wait for a letter from uscis?

You are free to Re-File and start all over. I'm Sorry.

USCIS either did'nt detect it or your stated: Free to Marry.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI
6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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LSnBigBear Rising Star

LSnBigBear   61

Posted
Filed: Citizen (pnd) Country: Philippines
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Posted

Ouch so close. My heart goes out to you guys for this oversight. You can do it. Just re-apply. I hope your waiting game is not as long... Good luck!

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me007 Apprentice

me007   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
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Posted

Yes big bear the embassy approved all her papers and the last thing she looked at was my fiancees affidav of divorce and told my fiancee that the i-129f had to be cancel do to filing a month to soon.It was like that day was not real when my fiancee called me and told me the bad news.She thought I would not refile.She can be silly also.Yes I will refile just need to know if I can refile today and do not need and letter from Uscis..

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Tim/Mav Experienced

Tim/Mav   305

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Yes big bear the embassy approved all her papers and the last thing she looked at was my fiancees affidav of divorce and told my fiancee that the i-129f had to be cancel do to filing a month to soon.It was like that day was not real when my fiancee called me and told me the bad news.She thought I would not refile.She can be silly also.Yes I will refile just need to know if I can refile today and do not need and letter from Uscis..

You don't need the Letter. You can Refile

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI
6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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me007 Apprentice

me007   0

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Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Thank you all for your help.Just one more question.Do you think that this new I-129f will go through quickly embassy told fiancee if I refile quickly her med exam could still be within a 6 month period so she will not have to do it again?..

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Tim/Mav Experienced

Tim/Mav   305

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

Thank you all for your help.Just one more question.Do you think that this new I-129f will go through quickly embassy told fiancee if I refile quickly her med exam could still be within a 6 month period so she will not have to do it again?..

The Medical is good for 6 months and Visa Fee is good for 1 year. However, I'm not sure how that works. I would call the Embassey on that question. Meaning there was a Denial and the Process is starting all over.

Good Luck PS. I'm sure this hurt your Fiancee. Your a good man for not giving up.

Edited by Tim/Mav

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI
6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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che234 Collaborator

che234   1

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

Thank you all for your help.Just one more question.Do you think that this new I-129f will go through quickly embassy told fiancee if I refile quickly her med exam could still be within a 6 month period so she will not have to do it again?..

If that is not about 6 months then she don't need to go back to st.Luke and do her medical again since the validity of medical is 6 months. Goodluck and sorry to hear about the refilling .

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