USCIS Denial… pls Advice

[Senai 1]

There is a small ( very very small ) chance that the senior officer will decide to allow the petition to continue. An unapproved petition does not expire , that is only for petition that have been approved and you have an NOA2 with the expiration date. Review however could take 6 months and is not likely to change the original decision. You now have met with your fiance and hopefully have lots of pictures and primary evidence of that meeting. Withdrawl and refiling is the speediest route. Make sure to cover petition one and the reason it was withdrawn when you submit petition two

Thanks NigeriaorBust... I am trying to understand the whole process.. is there an expiry date for my pending case? if so what is the timeline for expiry from initial date of petition and/or from the time it was placed on review?. If I request the withdrawal, is there a timeline for response? or withdraw request is granted immediately?

The first officer I talked to told me that I would get the final say within two weeks and he generated an inquiry number. After not getting the notice within two weeks, the second officer I talked to told me it may take a month or two. Obviously, I can't rely on the officer I talked to on the phone.

I am trying to get over with my initial petition and trying to seek what is the best way to get to conclusion!

[NigeriaorBust 4,087]

Once a K1 petition is approved by USCIS they send notice and on that notice there is an validity date of the approval. ( 4 months ) but you never reached that stage so your petition doesn't expire , except under the one year of inactivity condition. The earlier poster didn't note that your denial was prior to USCIS approval ( vs a consulate denial ) So you are not set to expire. When our first petition was returned it sat forever, the only thing that shook notice loose from it was the review of the second petition. ( Ours was a consulate return )

You can withdraw the first petition ( what does online show for your petition status ? )

[Mark + Melissa 49]

We were denied the first time also, it's not uncommon. It's my opinion that an appeal will NOT be in your favor as you didn't qualify to file as you hadn't met in person. Simply reapply since you've now met the conditions

[baron555 934]

Do not appeal. There is nothing to appeal and it costs more anyway. You need refile and use evidence of the meeting you recently had together in person. You now meet the requirements to file an I-129F.

Yep. You erred in filing the petition without meeting in person. You lost your fee and now just refile with a new fee enclosed.