Refiling I-129F again

[Shauneg 762]

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.

As so in may they got the letter from the first petition I guess? Anyway normally it wouldn't be foolish to reapply if the reason for denial is an expired petition, but because it's Ghana, yeah probably a waste.

" 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]

As so in may they got the letter from the first petition I guess? Anyway normally it wouldn't be foolish to reapply if the reason for denial is an expired petition, but because it's Ghana, yeah probably a waste.

" 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. "

Yeah the Ghana embassy sent back the petition to USCIS and in May USCIS confirmed that they received the denied petition from the embassy. The K-1 has a validity period which expired and USCIS closed it out. So basically the first petition was sent back to uscis to get closed out.

[Adil & Jeanne 296]

Marry and spend as much time together as you can / have a gf who applied for K 1 and denied (Morocco) she did another K 1 and took 7 years for approval

[SunflowerSweet 1,321]

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.

You mean the i129f was approved by the USCIS in July 2015, correct? Does not seem like OP has an approved K-1.

I really don't think it was that foolish of the lawyer. Chances are that not all lawyers know specifics about each embassy, only about the process itself.

Denial over an expired NOA-2 is a completely valid reason to refile. The trouble comes in that Ghana is a difficult embassy regardless.

[MrsBurgz 104]

You mean the i129f was approved by the USCIS in July 2015, correct? Does not seem like OP has an approved K-1.

I really don't think it was that foolish of the lawyer. Chances are that not all lawyers know specifics about each embassy, only about the process itself.

Denial over an expired NOA-2 is a completely valid reason to refile. The trouble comes in that Ghana is a difficult embassy regardless.

The petition was approve the visa was not.

[TBoneTX 45,299]

Good luck, OP.

[Unlockable 7,314]

The thing I'm trying to help the OP with is length of time.

IF, they get denied again at the interview because of some ridiculous Ghana embassy reason, like the OP's fiance wore a brown tie that day , then they would have lost months that could have been used to marry, gather further evidence, and file a spouse petition.

With their current timeline it will be 6+ months before the interview. IF denied again, then they will need another few months to plan, travel, and wed. Then file a spouse visa which could take 1+ year. This means it will be about 2 years before he is able to receive a visa.

Of course, if they are approved this time then that would be awesome! But we are talking about Ghana here.

[NigeriaorBust 4,087]

Second K1's do work. ( we are proof ) the consulate can get away with stupid reasons for denying the first K1 but the second one they really have to show proof of being right about denying it. Second petitions for the same partner have high success rates as either a K1 or Cr1. Getting married does not prove you have a legit relationship. Most fraudsters use CR1 thinking marriage in itself is proof.

[IcezMan_IcezLady 582]

I am confused as to why OP is been made to pay and file again for something she has no control over.

Are they going to pay again?

[Ebunoluwa 6,136]

First I-129 f petition was approved and following K1 application refused and returned to USCIS and USCIS allowed it to expire.

OP re filed I-129 f and is waiting for NOA2.

The embassy in Ghana should have re validated the petition automatically while they were sitting on it, they do have that

discretion and authority, that is what happens at every other embassy. Instead they were once again ridiculous and just

returned it, why ? Because they can and there are no checks and balances.

Second K1's can be successful, our second K1 was ! If they did anything that resembles a "knocking" then of course

they will be refused again and have to do a CR1.

Ghana makes me want to puke they are so ridiculous and a burden on the entire flow of the system.

They backlog themselves into a corner with their gazillion refusals and returns and then wonder why they are backlogged.

[Akua38 6]

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

[Akua38 6]

Thank you all for your reponses.I was just sharing my experience.I made a mistake with filling out affidavit of support form 1-134 and also I didn't give my tax returns to my finance for the interview.

[meemee1 34]

I think it is definitely possible to receive approval for the 2nd K1 you may want to also consider to get your congressman or senator involved so that the embassy know that they must have an explainable reason if they try to deny again. In addition to your evidence and more face to face time.

[natasha-mehdito 137]

Second K1's do work. ( we are proof ) the consulate can get away with stupid reasons for denying the first K1 but the second one they really have to show proof of being right about denying it. Second petitions for the same partner have high success rates as either a K1 or Cr1. Getting married does not prove you have a legit relationship. Most fraudsters use CR1 thinking marriage in itself is proof.

This is true! Sometimes the first application was not strong and sometimes you get really unlucky with the CO. I have heard a lot of success stories about refiling the K1.

We were denied and, after much research, decided to refile. In retrospect our case was weak even though our relationship was strong. We took a much needed break from talking or thinking about Visas, visited each other and regrouped. This time our case is much stronger, we have more visits and more pics. I am confident we will be together!

I think it is definitely possible to receive approval for the 2nd K1 you may want to also consider to get your congressman or senator involved so that the embassy know that they must have an explainable reason if they try to deny again. In addition to your evidence and more face to face time.

That's a great suggestion. I will contact my congressman before my fiance's interview.

[natasha-mehdito 137]

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.We

Welcome & best of luck to you!!! Stay positive and know that many K1 refiners do get approved.

Marry and spend as much time together as you can / have a gf who applied for K 1 and denied (Morocco) she did another K 1 and took 7 years for approval

Yikes!!! I would have withdrawn the K1 after waiting a year...how awful that must have been.