K1 Visa Denied ?? i need some help

[CaeselynRonald 6]

Ok .. He say USCIS tell him to remove the previous petition and file again .. just like what u say tahoma .. now i got question .. if he withdraw the 2 petition it wont have any conflict ?? Because i think i was denied it wont be a problem if we file again ???

[Hank_ 9,174]

When completing the new petition, remember you have to list this past petition and I believe get a waiver also.

[CaeselynRonald 6]

When completing the new petition, remember you have to list this past petition and I believe get a waiver also.

what kind of waiver is that ????

[Hank_ 9,174]

You must apply for a filing limitations waiver if any of the following apply to you:

1. You have previously filed K-1 petitions for two or more beneficiaries; or

2. You previously had a K-1 petition approved, and less than two years have passed since the filing date of that petition.

If either of these statements is true, you must submit a written request for a waiver with your petition. Refer to the filing instructions for further details regarding the waivers.

http://www.uscis.gov/i-129f

Edited October 30, 2015 by Hank_

[CaeselynRonald 6]

You must apply for a filing limitations waiver if any of the following apply to you:

1. You have previously filed K-1 petitions for two or more beneficiaries; or

2. You previously had a K-1 petition approved, and less than two years have passed since the filing date of that petition.

If either of these statements is true, you must submit a written request for a waiver with your petition. Refer to the filing instructions for further details regarding the waivers.

http://www.uscis.gov/i-129f

Ok just a letter ? it dont have a form ???

[Hank_ 9,174]

Just a letter the way I read it.

[Tahoma 2,292]

Ok .. He say USCIS tell him to remove the previous petition and file again .. just like what u say tahoma .. now i got question .. if he withdraw the 2 petition it wont have any conflict ?? Because i think i was denied it wont be a problem if we file again ???

Withdraw both of the petitions. You can include both of the withdrawal letters and the waiver letter in the the new I-129F packet. Also, email the withdrawal letters to the U.S. Embassy Manila.

I believe there will not be any conflict. I also believe this is your quickest path to a visa. You can spend Christmas in 'pinas and you will be here next Spring.

[CaeselynRonald 6]

Just a letter the way I read it.

ok and what petition he will withdraw ?? does it needs some explanation about why he will withdraw the petition ?

[Tahoma 2,292]

The waiver is simply a letter to the USCIS.

Here is an example: http://www.visajourney.com/forums/topic/229991-waiver-letter-for-2nd-k1-visa/

[CaeselynRonald 6]

Withdraw both of the petitions. You can include both of the withdrawal letters and the waiver letter in the the new I-129F packet. Also, email the withdrawal letters to the U.S. Embassy Manila.

I believe there will not be any conflict. I also believe this is your quickest path to a visa. You can spend Christmas in 'pinas and you will be here next Spring.

Ok .. i ask my fiance to read all our conversation in here .. So he got some idea how we cant start all over again .. and also if he got some question he can ask all of u too This thing really help .. POSITIVE Vibes

[Hank_ 9,174]

ok and what petition he will withdraw ?? does it needs some explanation about why he will withdraw the petition ?

I don't believe an explanation is required to withdraw a petition.

[CaeselynRonald 6]

i read this online ..

Has your K1 Fiance Visa Been Denied?

by The Law Offices of Jeffrey C. Pettys

K1 Fiance Visas are generally denied when the Petitioner fails to meet the requirements of a Fiance Visa, when the forms are incorrectly filled out and never corrected, our when there is a lack of evidence to support the claim of a genuine relationship.

There are several options available to you if your K1 Fiance Visa has been denied. But, before deciding upon a course of action, you must first determine if the denial was made at the USCIS stage or at the Consular level (Embassy).

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdraw” and then file again. For many reasons, costs being one of them, this is a good option.

If your K1 Fiance Visa was denied at the Consular level, you can immediately ask for a Consulate General review of the decision. Check the Embassy website for the procedures for such a review. This option is available to you until the Embassy returns your case to USCIS for further processing.

If your case has already been returned to USCIS for further processing, you can USCIS to reaffirm their original approval and resubmit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, you may be best to simply withdraw your petition and then re-file.

Sometimes the cause of your denial at the Embassy level is a problematic Embassy Officer. Some Embassy Officers around the world are more difficult to work with than others and sometimes you get a Consulate Officer who just doesn’t believe you intend to get married once your fiancé arrives in the US. In such a case, you may wish to consider getting married first and filing an I-130 petition for a CR1 Marriage Visa. This new approach removes the issue of your intent to get married and places most of the decision making authority for the Visa with USCIS and the National Visa Center.

If your Fiance Visa has been denied, I suggest that you give me a call so we can discuss your case and options. This is not the time to go it alone. You are welcome to call me toll free at 1-888-515-3529.

Attorney Jeffrey C Pettys

Posted in: CR1 Marriage Visa and K1 Fiance Visa

Comments are closed.

[CappyLovesSag 3]

OP, your fiance needs to get on this site and read all the advices that our VJ friends said. He went to the USCIS office already and told him what to do. You and your fiance need time to talk which route to go, number 1) withdraw all prior K1 and file a new one, or 2) get married and file spousal visa.

[CaeselynRonald 6]

OP, your fiance needs to get on this site and read all the advices that our VJ friends said. He went to the USCIS office already and told him what to do. You and your fiance need time to talk which route to go, number 1) withdraw all prior K1 and file a new one, or 2) get married and file spousal visa.

Yes he already did .. we will talk about this when he woke up Thank you Sis !!! :*

[Tahoma 2,292]

Did you FedEx your new G-325A, letter of intent to marry, and passport photos to your fiancé yet, so he can file a new petition next week?