K-1 status after revocation recommendation at embassy

[tomyka81 95]

ok, so the past week I have been riding a whirlwind. I have a meeting tomorrow with my congressman's case specialist. I have spoken with a very nice gentleman at USCIS who annotated my case file in preparation for my petition to arrive back. I have my argument at everything together to present tomorrow for some great points and I think I have a strong chance to have my case re-affirmed. I will keep you all in touch and later-on once everything is finalized, post my arguments and redacted evidences so someone else can look.

I am also preparing a hardship waiver evidences in case the second interview (beit a second K-1 petition or this K-1 peition id reaffirmed). I am confident either way. God is able.

[marleym 9]

I wish you all the luck in the world my sister. Keeping my fingers crossed for you!

[NigeriaorBust 4,087]

K1 cases are expired on return

[tomyka81 95]

Not entirely. They are still open and go through a review that is why you see some people coming up months later for revocation or reaffirm. One of the worse things to do is get married with a k1 petition still at USCIS in limbo.

[NigeriaorBust 4,087]

They used to reaffirm some and expire others but for years their process is to declare expired any petition that is beyond it's original approval period when it is returned. California has been doing this since 2009 and Vermont a bit later. Back then those where the only 2 places petitions went. Cr1's and an occasional K3 may get really reviewed. You will get notices that your case has been returned to review but eventually they will send you the notice that it is expired and you are free to file again. Rather than waste the time waiting for that file a new K1 pre assuming expiration.

[dwheels76 5,469]

Not entirely. They are still open and go through a review that is why you see some people coming up months later for revocation or reaffirm. One of the worse things to do is get married with a k1 petition still at USCIS in limbo.

Could you please explain how a misrepresentation and lying for immigration benefit will ever in life get reaffirmed. You say you called this one and that one. But did you actually talk or email the embassy to contact the CO to see was there a ban or is this even waive able? That is very key don't you think?

I don't know what a annotation in your case file will do.

"One of the worse things to do is get married with a k1 petition still at USCIS in limbo." And this isn't true. If the process of returned petitions was faster than yes. But most just go ahead with life because well about time the petition gets back heck you could be married or refiling another petition and at interview. Petitions returning and USCIS sending out a letter is taking now 12 months to 18 months.

I know of someone interviewed February 2014 was told they won't even look at her file until July 2015. Well July has come and gone and they said 180 days they need, Two more cases denied last September they are still waiting for word from USCIS. And none are K1's.

[Ebunoluwa 6,136]

Nigeriaorbust and Dwheels are very correct. Your K1 will expire and if you will get a USCIS letter after 180 days saying : expired you can file again.

I understand the hard blow, the shock of refusal and the desperate hope to win this, been there done that. You are on a roller coaster from hell and when you realize that this is the end of the road you will get off the merry-go-round and retain a top notch waiver attorney to consult about a possible future
CR1. Forget another K1, with a waiver it's not going to happen and this K1 will die the death of expiration. Your one and only chance would be a
CR1 and that's a very slim one. I don't care who told you what at USCIS or NVC , your case will expire and another 6 + months will be wasted.

There are a handful of really knowledgeable waiver attorneys, pick the best, pay for an honest assessment and consultation and forget the

well meaning clowns that you talked to at USCIS. They aren't even supposed to give legal advice. This hurts like hell, have a good cry and

then follow the advice in this thread.

[Ebunoluwa 6,136]

Not entirely. They are still open and go through a review that is why you see some people coming up months later for revocation or reaffirm. One of the worse things to do is get married with a k1 petition still at USCIS in limbo.

No, they do not. Show me a re affirmed K1 from the past 6 years and I eat a bug. CR/IR get re affirmed NOT K1's. Ever. One of the worst

things to do is marrying with a K1 still at the embassy being in AP or internal review AT THE EMBASSY.

Once returned in it's diplomatic pouch back to USCIS it is dead. No matter what the reason.

[tomyka81 95]

No, they do not. Show me a re affirmed K1 from the past 6 years and I eat a bug. CR/IR get re affirmed NOT K1's. Ever. One of the worst

things to do is marrying with a K1 still at the embassy being in AP or internal review AT THE EMBASSY.

Once returned in it's diplomatic pouch back to USCIS it is dead. No matter what the reason.

find you a bug to eat then lol because if you go to nairaland there are several petitions being reaffirmed... ovo12 is one just as recent as this week and there was another even before that but I won't spend the time reviewing the posts. you can if you want.

even some on here are being reaffirmed except the people are already married now.

Edited September 25, 2015 by tomyka81

[Ebunoluwa 6,136]

find you a bug to eat then lol because if you go to nairaland there are several petitions being reaffirmed... ovo12 is one just as recent as this week and there was another even before that but I won't spend the time reviewing the posts. you can if you want.

even some on here are being reaffirmed except the people are already married now.

Nope. Re affirmation from USCIS for K1' is not happening. People confuse the language of re affirmation with a second interview while still

at the embassy. Get the facts from an experienced attorney not from Nairaland. Attorney Brent Renison has filed a class actions suit

to get K1's reviewed again to take the last law suit a step further which ended review for K1's due to the Pc6 marker issue.

Just trying to help you avoid wasting precious time waiting for something that won't happen.

[NigeriaorBust 4,087]

Went to nairaland and found ov012's post it says

"Thank you ma...
I was place under A P since October
2013 they sent my wife a mail saying
That its got reaffirmed July 16 up till now no
Interview date while people that got case
Complete 29 of July had Interview date
Already is this normal? "

Notice the term wife and the lack of the words K1 They are a spousal visa. K1's only expire. It was a change many top immigration lawyers went after including Marc Ellis.

[Pinkrlion 2,724]

I think you are looking at cases where the issue is based on establishing a bonafide relationship, your case is being revoked due to misrepresentation to obtain a visa. That is different, but Good Luck.

[raven52 233]

Good luck, and you sound well poised and confident in what you are doing.

Good luck, and keep us posted.

[Boiler 46,232]

Was this not all covered in a previous thread?

[TBoneTX 46,262]

*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum and closed to further comment -- OP has other threads open on this issue. ***