filing a new petition instead of waiting for NOIR (split topic)

[gcuc 4]

I never knew one can file a new family based petition b after being denied at the embassy before it goes back to uscis.

Can someone please enlighten me on that?

[gcuc 4]

Filing a new petition in this circumstance is not advisable, doing so will not increase chances of a better outcome (if anything, you can end up in the same situation). Furthermore, you would have to withdraw the old one without the opportunity to rebut the reasons why the visa was denied in the first place. Since approved spousal visa petitions never expire, USCIS will have to act on it once they receive it. USCIS could also simply reaffirm their original approval of the petition without the petitioner needing to do anything (this is a rare circumstance, what I'll explain next is what you should prepare for). If they send a Notice of Intent to Revoke (NOIR), the notice will state why it is being sent along with a deadline to send a rebuttal (usually 30 days). An NOIR rebuttal must address all reasons in the notice. A proper rebuttal does not guarantee reaffirmation of the petition nor does reaffirmation guarantee that a visa will ultimately be issued.

So if I get you right when a visa is denied the petitioner can file another petition even if the previous petition has not yet been forwarded to the uscis?

[Ryan H 3,834]

So if I get you right when a visa is denied the petitioner can file another petition even if the previous petition has not yet been forwarded to the uscis?

That can be done, the previous petition would have to be formally withdrawn. However, doing this is ill-advised since the odds of having the same result come interview time is greater than 50%.

The best chance for the best possible outcome is to see the old petition through, rebutting an NOIR is your opportunity to refute the reasons why the denial occurred. Withdrawing and filing again doesn't give you that opportunity.

**Moderator hat on**

***Posts split into separate thread as poster is asking their own questions instead of replying to the OP of the other thread. Please start your own thread with your own questions instead of hijacking threads started by other members.***

Edited February 14, 2016 by Ryan H

[NigeriaorBust 4,087]

K1's the petition is dead so there is no hope of it getting reapproved and no hope of any communication of the reason with a change to rebut . With a CR1 you are going to get this chance. Refiling eliminates the rebuttal from the loop. You have a better change of reaffirmation or rebuttal than with a redo of a new petition.