More confusion after interview

[Anitafeliz 1,133]

So I just re read last years letter and it is very differnt than the letter he got today. Last years said they were sending back to NVC , more of a denial , and this one does not say that...Now I'm really Thinking they are doing some additional background checks only and will ask for the passport. Staying hopeful

I did wait last time- and USCIS TOLD ME THE ONLY OPTION WAS TO RE FILE AND SUBMIT A NEW FEE WHICH I DID. AND HERE WE ARE AGAIN...

In this case was it an appeal you needed to file??

[KayDeeCee 4,894]

K1 visa petitions have a four (4) month validity date. By USCIS. I was advised by USCIS to refile and submit a new fee when the last one expired while under AP

Same thing will happen now as this petition will expire 6/23/16. It's a game they play.

The petition validity is for having the interview/visa issued, and it can be extended. Your case was returned last time, which is a denial, not simply being placed in AP. When cases are returned, then yes, they are allowed to expire instead of actually having a review and letting you respond. That is the norm for a K-1 given a 221(g) and returned to the USCIS.

Being that you were not given a 221(g) and not told your petition was being returned, then your petition can still be extended to allow for you to receive the K-1 visa at the end of your AP. They will request the passport and possibly even a new medical, if it is approved and they are about to issue the K-1 visa.

https://fam.state.gov/fam/09FAM/09FAM050207.html

(Previous location: 9 FAM 41.81 N6.2; CT:VISA-2165; 08-21-2014)

(b) Validity of a K-1 Petition: An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by you any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.

Edited May 21, 2016 by KayDeeCee

[Mica333 3]

Thank you for the great info. It sounds more hopeful. I appreciate your response & explaination.

[Mamed 18]

Don't know what happened at first interview, but for the second one you should not worry. Wait a little bit and they will contact you (petitioner). We are going through the same process, my fiancee had interview last month, they took all the papers she had except passport and gave her "identical" pink letter. two weeks later they sent me an email saying: Please arrange delivery of [her name] passport to the Consular Section. She was told she could send it via DHL (she lives in different city), but she had to go there (city) anyway, so she'll drop off her passport on Tuesday and it will be ready the next day

[Mica333 3]

Thank you so much. His letter this time was white paper (not pink). I will stay hopeful. So happy to hear about your fiancée congratulations!!! Will keep you posted & thanks again.

[Boiler 45,837]

Presumably you addressed the reasons behind the first refusal before filing again?

[Unidentified 2,930]

So I just re read last years letter and it is very differnt than the letter he got today. Last years said they were sending back to NVC , more of a denial , and this one does not say that...Now I'm really Thinking they are doing some additional background checks only and will ask for the passport. Staying hopeful

I did wait last time- and USCIS TOLD ME THE ONLY OPTION WAS TO RE FILE AND SUBMIT A NEW FEE WHICH I DID. AND HERE WE ARE AGAIN...

No they don't. It sounds like last time you were denied and it was sent back to USCIS and they let it expire and asked you to refile. Now you are in Administrative Processing which can take days, weeks, months or longer. You need to ask the embassy to extend the expiration time if it's getting close to expiring. Some embassies do this automatically if you keep in touch with them.

[IowacityGuy 152]

Any update?