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Suri_Amano

K1 visa file sent back to USCIS for review and possible revocation

By Suri_Amano in India

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dilip Proficient

dilip   187

Posted
Filed: K-1 Visa Country: India
 Timeline
Posted (edited)

This is got from website:

Treatment of I-129F petitions where the Department of State (DOS) refuses to issue the K-1 visa and returns the expired petition to USCIS.

Once USCIS receives a consular returned I-129F for K-1 classification from DOS and the petition has expired in accordance with 8 CFR214.2(k)(5), USCIS will allow the petition to remain expired and will not reaffirm or reopen the petition. Please note that this will not preclude the petitioner from filing another petition.

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Unidentified
Unidentified

This is why I wished more people could find this forum BEFORE they apply for the I-129F. DO NOT EVER do anything that resembles a wedding and if you do, DO NOT EVER bring evidence of that to the embas

Sawa N Ab
Sawa N Ab

So if you could update how your case ends and what evidence you gathered to prove that your were single would be greatly appreciated. I think I might of made a similar mistake and I would love to pre

Ebunoluwa
Ebunoluwa

Marry and file a CR1. It doesn't matter when you hear from USCIS, your K1 will expire and will not be reviewed, no matter what the expiration date is. Stop waiting for the letter of expiration that y

Ebunoluwa Veteran

Ebunoluwa   6,136

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

For sure he was! I do not want to go through the route of getting a senator involved because it will take long time. You are not understanding the process !

It takes a few days for the senator's aide to kindly request another interview IF your petition is STILL at the embassy. Slim shot but some are successful doing so.

What makes you think it takes a long time ? Again: if it was returned already then there is nothing you can do but re file. I suggested the senator and diplomatic

pouch number to you earlier so you will know WHEN or IF it was returned. I am repeating myself in hopes that it will click and you understand.

The USCIS guys said the case could sit in india for 180 days. I was shocked to find that out. It is difficult to decide what to do. If you understood the process you would realize

how easy the decision is....did look up Marc Ellis and called the number on his website and left a message. Lets see if he calls back.

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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Suri_Amano Rookie

Suri_Amano   1

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Filed: IR-1/CR-1 Visa Country: India
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No I got it thanks I appreciate it. I am lost that is why i am not realizing the advantage in going through the process. So truly appreciate your feedback! Thank you so much! I am going to contact the senator tomorrow and speak with his staff about the case. If we can get second interview that would be great if not there is no harm. So lets see what happens!

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