K-1 Denied - do I have to wait for revoke notice to refile for CR-1?

[Fuji1978 33]

K1 visa denied in Accra. We married less than a week later. I am back in the US getting paperwork to file I-130. Do I need to request the K-1 to be revoked or is it not necessary since the NOA2 is already expired on that petition? I don't want to wait 3 or 4 months to get this letter from USCIS that is supposed to explain the reason for denial. I know they will just state the same as the letter I received from the CO....Found ineligible under 221-g...which is the blanket statement by this CO basically saying I didn't feel like approving this one. She wouldn't give me a straight answer when I was face to face questioning her reason, so I seriously doubt these letters come with any "real" reason for denial. Anyone received one with any detail on it?

[Marco&Bettina 502]

Without knowing the reason, they could deny the Spousal Visa for the same reason.

[Ryan H 3,812]

Here's the rub with K1 petitions, since they do carry an expiration date, more often than not USCIS will let it expire rather than take any action on it. Once it expires, they will simply tell you that you are free to start over from square one.

If you were to receive a Notice of Intent to Revoke (NOIR), it would contain specific reasons why it was being sent and you would have to address those specific reasons.

I would suggest calling USCIS to see what the status of the petition is. You can mention that you have married the beneficiary and will be filing appropriate paperwork to start that process.

[atorres 0]

Hey my k1 was denied to i didnt send in a letter to uscis i called they told me it wasnt necessary to send in a letter i got married and sent my 130 got my noa 1 now waiting for my approved petition

[Fuji1978 33]

Without knowing the reason, they could deny the Spousal Visa for the same reason.

Exactly, this is my concern. The CO wouldn't give a specific reason, I was there questioning her myself. She stated the notice to revoke letter from USCIS will explain more. The issue is, she made the notes and the decision. Is it true that USCIS sends a letter and specifically addresses the issue that caused the denial......or (most likely) I get the same generic response stating ineligible due to 221-g of Immigration Naturalization Act. Which is just a broad statement saying I denied because I wanted to............anyone received an actual explanation of the denial?

[Fuji1978 33]

Here's the rub with K1 petitions, since they do carry an expiration date, more often than not USCIS will let it expire rather than take any action on it. Once it expires, they will simply tell you that you are free to start over from square one.

If you were to receive a Notice of Intent to Revoke (NOIR), it would contain specific reasons why it was being sent and you would have to address those specific reasons.

I would suggest calling USCIS to see what the status of the petition is. You can mention that you have married the beneficiary and will be filing appropriate paperwork to start that process.

I know the NOA2 on my I-129f expired on 16 Feb....just one week after getting the official denial. I'm sure that was done on purpose, and furthermore, done so that I could not challenge the decision because there probably is no legal reason for the denial. Just the "gut feeling" of the CO trying to boost her ego on her marriage and relationship predictions.

[Ryan H 3,812]

Is it true that USCIS sends a letter and specifically addresses the issue that caused the denial......

Yes it is true, that's what a NOIR is, specific reasons why it is being sent are spelled out and it would be those specific reasons that have to be rebutted in a rebuttal. However, as I previously said, USCIS often just lets a K1 petition expire without sending an NOIR. They say instead that you can start over at square one.

Edited February 28, 2015 by Ryan H

[butterflies0124 8]

I was in communication with someone from my congressman's office, and she said it is possible we may never get a reason for our K-1 denial. She also said notifying USCIS that I was withdrawing the petition was not necessary.