K1 Visa Refused

[MirraGatch 0]

When my Fiancè sent our K1 petition to USCIS, we got a RFE after almost two months of waiting. He realized he should have put both his termination of marriage even if its the same individual. He only listed the most recent one in the original filed I-129F petition. So he filled up another one and have it corrected. When we received the RFE hard copy he sent the lacking documents right away and he also included the corrected I-129F form with notes together with the first divorce decree.

I had my interview earlier. Everything went well and so smooth even though the consul has a lot of questions, I managed to answer all confidently till he asked how many times my Fiancè got divorced? So I answered it and tell him the truth. I am confident that he has the other corrected I-129f and my Fiancè first divorce decree but I was wrong. The USCIS didn't forwarded the papers to them.

...to make this story short, the consul said. Your Fiancè only listed his most previous marriage, he did not disclosed the first marriage even if it is the same person. I gave him a copy of new corrected form together with his email and response of uscis itself but the consul said they do not need that in there, that it has to be approved by USCIS first so tell your Fiancè that we will send back your packet to USCIS and USCIS will notify him regarding to this matter. They will instruct him on what he have to do. Let him follow up your case. He also told me that he wrote a good note on my packet because I completed all the documents they needed. It's just my Fiancè need to fill up a new one and send them right away so they can take actions on our visas..

---Realeasing area: The guy gave me a piece of paper and it says the the reason of refusal and the document he failed to submit. (Turned back our passports)

My Question is: Should we still consider what he said? Should we follow up or just cancel the petition and re apply again? If we cancel it, how long do we have to wait to re file again? Thank y'all.

[Pitaya 2,577]

~duplicate posting removed~

~Please refrain from multiple posting of same topic~

Pitaya

VJ Moderation

[NigeriaorBust 4,087]

K1's get closed when they get back to the US because their period of validity has expired. Using that assumption your fiancé can file a new k1 with the correct information today. This time he will also have to deal with the waiver for filing more than one K1 in less than 5 years ( we used a statement that it should not apply to the same petitioner/beneficiary pair and asked that it be granted on that grounds )

[MirraGatch 0]

Can he just make a note that he is withdrawing our previous petition and an explanation why we got refused along with the new k1 petition? Is that possible? We don't want to waste time. Besides its the uscis fault anyway. They didn't forwarded the correct form he sent together with the rfe they asked for. They took and accepted the rfe but how come they didn't forwarded the corrected form?

[Ebunoluwa 6,136]

In your case I would have a very good immigration attorney immediately point out the fault of USCIS not forwarding the divorce decree to try and save your current petition before it expires (ask consulate to re validate it). Once it is expired you have to file again and it's not worth the money and time to appeal it.

A senator/congressman may also get things moving right away, try to keep the petition at the embassy so USCIS can forward the documents to the

embassy. I doubt it works but why not give it a try.

[MirraGatch 0]

We will try to call and make everything work out. If not, we just going to pull out the case and re-file another one. Thanks for the time to response.