Refiling I-129F again

[Akua38 6]

I am new and happy to be here. My first I -129F petition was approved by USCIS in July 29 and my fiance was denied the visa after his interview with the consulate officer on December 30. The 221g my fiance was given says the petition was valid for only four months and since the CO couldn't revalidated it they will send the file back to USCIS. I contacted an immigration lawyer and was advised to refile again which we did on March 29. On May 20 USCIS sent a letter saying that they received my petition from the embassy and because it has expired the case is closed so I should refile for my fiance again. Now we waiting for the NOA2 from the USCIS.

[MrsBurgz 104]

What has changed since last year? Are you guys gathering more evidence to show that your relationship is really bonafide?

[3CHI 11]

Did you get denied for a K1? I am not sure why an immigration attorney asked you to refile. If you were denied then you can't reapply. The next step would to return to Ghana and marry and spend some good amount of time together and refile as married CR1. Alot of people here have filed CR1 and can help you with the process without spending extra funds on an attorney.

[MrsBurgz 104]

Actually she can re-file again but, unfortunately it will have the same outcome as the first petition.

I agree that the spousal visa would have been the ideal route and not another K-1.

[Shauneg 762]

If you already filed again and waiting for the NOA2 why would you file a third time? I'm confused

I am new and happy to be here. My first I -129F petition was approved by USCIS in July 29 and my fiance was denied the visa after his interview with the consulate officer on December 30. The 221g my fiance was given says the petition was valid for only four months and since the CO couldn't revalidated it they will send the file back to USCIS. I contacted an immigration lawyer and was advised to refile again which we did on March 29. On May 20 USCIS sent a letter saying that they received my petition from the embassy and because it has expired the case is closed so I should refile for my fiance again. Now we waiting for the NOA2 from the USCIS.

If it was only denied because your interview occurred after the petition expiration date than you can refile with no issues. Next time make sure your interview is before that date or keep in touch with the embassy to revalidate before it expires they can do that for up to a year but it must be done before it expires....

[soulstriker 274]

may had been better to just do a cr1, esp with ghana recently where they seem to deny alot of k1s for reasons i dont know

[3CHI 11]

Actually she can re-file again but, unfortunately it will have the same outcome as the first petition.

I agree that the spousal visa would have been the ideal route and not another K-1.

Beautiful.. I learned something new today!

[Unlockable 7,314]

If this is Ghana then it is best to ditch the fiance route. Search the board and you will find that Ghana is currently a difficult country to get approvals.

With this new petition did you provide 3 boatloads of evidence of your relationship?

[A&Oforever 9]

Actually i am all for it. it go in your favor. Ghana will still deny anyway if they want to whether cr1 or k1, you just can rebuttal in the cr1 but takes so much time. just add more evidence to show you guys have progressed further with the intent to marry. so more visits, more pictures, more family involvement, and ring purchase, venue paid for, bridesmaid dresses bought, wedding dress bought, and if they ask why you are doing the k-1 again instead of cr1 at interview. you can say for one you really want to marry in the states as to not take the moment away from important people who will need to be in attendance and also the cr1 would take long and you guys didnt want to be separated for any more longer.

Edited June 16, 2016 by A&Oforever

[Shauneg 762]

Actually she can re-file again but, unfortunately it will have the same outcome as the first petition.

I agree that the spousal visa would have been the ideal route and not another K-1.

Beautiful.. I learned something new today!

Ultimately you are probably right...denied. Not because of the original reason though...... Ghana, don't envy their process and things the must overcome.

[OfficiallyMrsU 9]

I think the petition was denied at interview because it expired. There is only a 4-month validity period from NOA2. If you read the original post, it said they were approved in July and interviewed in December-- the petition automatically would have been denied REGARDLESS of if the relationship was genuine or not. Some kinder embassies might ignore the validity period passing, depending on the reason but Ghana is difficult.

If they refile, which it appears they have, there is nothing the OP has said that means the result will be the same as the first time (denial). They just need to make sure they book their interview within 4 months of NOA2 to avoid it expiring again.

It doesn't appear that the OP is asking a question-- just venting about the process they've gone through.

Edited June 16, 2016 by SoonToBeMrsU

[Shauneg 762]

I think the petition was denied at interview because it expired. There is only a 4-month validity period from NOA2. If you read the original post, it said they were approved in July and interviewed in December-- the petition automatically would have been denied REGARDLESS of if the relationship was genuine or not.

That's how I read it so I answered yes they could refile, but then they said they're on NOA2 so it sounds like they already refiled. I am just confused if they're asking if that was the right thing to do or if they're asking to file a third time.....

[OfficiallyMrsU 9]

I think they're on their second time around and just telling what they've gone through. If they posed a question, it really wasn't clear.

That's how I read it so I answered yes they could refile, but then they said they're on NOA2 so it sounds like they already refiled. I am just confused if they're asking if that was the right thing to do or if they're asking to file a third time.....

[A&Oforever 9]

I think the petition was denied at interview because it expired. There is only a 4-month validity period from NOA2. If you read the original post, it said they were approved in July and interviewed in December-- the petition automatically would have been denied REGARDLESS of if the relationship was genuine or not. Some kinder embassies might ignore the validity period passing, depending on the reason but Ghana is difficult.

If they refile, which it appears they have, there is nothing the OP has said that means the result will be the same as the first time (denial). They just need to make sure they book their interview within 4 months of NOA2 to avoid it expiring again.

It doesn't appear that the OP is asking a question-- just venting about the process they've gone through.

everyone on this Ghana portal will end up getting interviews dates past the four month time period. Ghana is backked up and gives interview dates far beyond your noa2 validity date. so im sure thats not the reason. you need to remember you alls interview and comments that were said. if it was denied becuase of a knocking then you would be out of luck cuz then you should have done the cr1. but other than that , think deeply about what was making her doubt the relationship was real and counter that doubt with evidence.

Edited June 16, 2016 by A&Oforever

[MrsBurgz 104]

That's how I read it so I answered yes they could refile, but then they said they're on NOA2 so it sounds like they already refiled. I am just confused if they're asking if that was the right thing to do or if they're asking to file a third time.....

K-1 filed with USCIS and got approved in July 2015, spouse had his interview in December 2015 and was denied.

She contacted an imigration lawyer that told her (foolishly) to re-file another K-1 which she did in March 2016.

Now she is waiting for the second K-1 to be approved at USCIS.

Edited June 16, 2016 by MrsBurgz