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Tebessa1111

k1 Denied after 13 months in AP. File being sent to USCIS for revocation/reaffirmation...... Need feedback please!

By Tebessa1111 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Tebessa1111 Enthusiast

Tebessa1111   16

Posted
Filed: AOS (apr) Country: Algeria
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Hi all!

Our K1 was denied in Algeria after 13 agonizing months of AP. Don't know why we were denied. We have been together for 4 years. Recently we've spent 1 month in Tunisia. All of our documents were in order. My I-129F was approved in just over 4 months-no problems there-. Interview went great. CO even paid compliments to my fiance about his well spoken English and his appearance " You are a very handsome man" LOL!, he said!. At the end of the interview he was handed a white slip - 221g- It stated that the case was being returned for further review and processing. We will advice if case is reaffirm.... Case was never sent back to USCIS, instead remained at the Embassy for the next 13 months.....

We had followed up with many, many, many emails and phone calls. Made contact with Senator/ Congressman. Wrote complaint letter to DoS. Also emailed the White House while in AP. While in Tunisia back in May of this year, I personally called the Embassy several times. I was able to connect with a staff member of( Algerian nationality) and was denied to speak to the Consular section. Hmmm.... I proceeded to contact Department of State and was instructed to file a detailed complaint letter and to forward it to a specific department. I did. For the following 2 months my case was touched and worked on. Finally on June 24th we received an email from the Embassy where they stated that they were making a decision on our case within 10 days. A month an a half went by and we decided to start emailing to inquire about their decision. In my last email I was firm, to the point and pretty much said that we were aware our case was not a priority to them but it was to us, and to please just make a decision, didn't matter at that point what the outcome would be. We just wanted to move on with our lives. So after 5 emails they finally replied on August 1st. with a denial. Thank God we are out of this black hole!

Now...

Case being send in a diplomatic pouch to USCIS. Our total visa journey 2 years next month since process started. See timeline.....

Question 1: Since it is a K1 visa, would it be recommended and wise to wait for USCIS to make contact with petitioner ( myself) once it arrives to US. REPLY if NOID/NOIR is received?

Question 2: Is my K1 expired by now?

Question 3: Should I just go to Algeria, get married and start again with process......?

Please any and all feedback would be greatly appreciate it! Thanks!!!!

My best wishes to all of you in this journey.

Diana

Is this true?????. Posted by one of our members.....

At least with CR1 or I-130 one can reaffirm, if it is sent back. With K1 they just let the darn thing sit on someone's desk and expire. When it is finally sent back to the US nothing can be done to reaffirm the petition. It is a lost cause.PERIOD.

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Tebessa1111 Enthusiast

Tebessa1111   16

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Filed: AOS (apr) Country: Algeria
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Thanks, chaingang ! Should I wait for USCIS to contact me , is my K1 expired by now and should I officially withdraw my K1?

Thank you!

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MedRoni Community Regular

MedRoni   161

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Filed: IR-1/CR-1 Visa Country: Algeria
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UGH!!!!!!

I am soooooo sorry this was the end result of all that effort and waiting on your part.

I would say definitely get married and go the CR1 route at this point. It would be helpful to know why the denial, so you may want to check into that so you can improve or correct the issue the next time through. Going this route will not take you much longer then a K-1 but is more likely to get through the embassy at this point. I also suggest you plan it so you can be at his interview next time through.

Best of Luck Lady.... we are all here for you. Just remember your denial is a delay - it is not permanent. :)

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Tebessa1111 Enthusiast

Tebessa1111   16

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Filed: AOS (apr) Country: Algeria
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Hi Roni!

Thanks friend for your kind words. It means a lot to me. Although the end result was not what we were expecting, at least we now know which direction to go from here. We are so relieved to be out of this black hole. So we thank God for that. I can't tell you how much we both have prayed for a decision to be made on our case rolleyes.gif .

Do you think once our file gets back to USCIS it will be expired? I have been wondering how long before it gets back here, and weather or not I need to wait for them to contact me. I would like to start planing my trip to Algeria....

Let me know what you think.

Hugs,

Diana

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Daveykins Enthusiast

Daveykins   17

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Filed: Citizen (apr) Country: China
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Doesn't K-1 expire after 6 months of reaching the Embassy? I believe it's something similar to that. As others have said it'll be expired when it gets back to USCIS.

So sorry with all your trouble! I'd definitely start planning another trip and get married to start the K-3 process. Best of luck to you, please keep us updated!

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sara..... Mentor

sara.....   371

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
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Im sorry to hear about what happened..........

before getting married you should wait to find out if the the petition was sent back as expired petition or if it had any issues that could make a problem with marriage visa......its really important to find out what issues they found with the k-1 if any so that you can address them.

sara

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
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Posted

We were denied after 17 months of AP and received a letter from USCIS, 6 months after the case was returned, that we can refile.

You don't have to wait to get married or withdraw the petition, it will just expire.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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LivA Explorer

LivA   6

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Filed: Citizen (apr) Country: Morocco
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Posted

Tebessa I have to say after being on AP for almost 4 months your story scares me!! Who would ever think you could be on AP for 13 months. Do you have any advice? You said you emailed the DOS but who specifically? PLEASE HELP!!

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Tebessa1111 Enthusiast

Tebessa1111   16

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Filed: AOS (apr) Country: Algeria
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Posted Today, 05:58 AM

Doesn't K-1 expire after 6 months of reaching the Embassy? I believe it's something similar to that. As others have said it'll be expired when it gets back to USCIS.

So sorry with all your trouble! I'd definitely start planning another trip and get married to start the K-3 process. Best of luck to you, please keep us updated!

DaveyKins......

I am not sure as when the K-1 expires. I thought It was 6 months of reaching the Embassy as well. I just emailed the Embassy requesting diplomatic pouch# this way I can track the return of my petition. I will keep you posted and thank you so much for the kind words. At the moment making plans for my trip to Algeria to embark in our next journey goofy.gif .

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Tebessa1111 Enthusiast

Tebessa1111   16

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Filed: AOS (apr) Country: Algeria
 Timeline
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Posted Today, 06:09 AM

Im sorry to hear about what happened..........

before getting married you should wait to find out if the the petition was sent back as expired petition or if it had any issues that could make a problem with marriage visa......its really important to find out what issues they found with the k-1 if any so that you can address them.

sara..... thank you for your kind words. I most definitely will do that. Waiting for a reply from the Embassy in Algiers in that regard.

Will keep you updated! Good luck to you in your journey!!!

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Tebessa1111 Enthusiast

Tebessa1111   16

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Filed: AOS (apr) Country: Algeria
 Timeline
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Posted Today, 09:21 AM

We were denied after 17 months of AP and received a letter from USCIS, 6 months after the case was returned, that we can refile.

You don't have to wait to get married or withdraw the petition, it will just expire.

Ebunoluwa.......

Oh wow! So sorry to hear that! That is totally insane! I am quite confused as what to do. Some say " don't have to wait or withdraw petition, it will just expire" and others say "no way, don't get married until USCIS contacts you". Well, I don't think I am willing to give another 6 or more months of my life waiting to hear that my petition has expired as we can utilize this next 6 months preparing for our wedding and refilling for a CR-1. You think?

Thanks for the reply and good luck to you in your journey!!goofy.gif

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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California almost always expires returned K1's . Yours will probably ( over 90%) be expired. You have 3 choices Hope you get reaffirmed against the odds, file a new K1 ( I did that for rather unique reasons ) or marry and file a new CR1. Most will tell you to go the CR1 route but honestly if you still are within the 2 years of meeting requirement the new front loaded K1 get your filing off immediately . Second petitions of either type rarely end in denial because it is harder for any embassy to deny something that has been approved twice here.

This will not be over quickly. You will not enjoy this.

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