Filled I-130 but didn't wait for any notice to come from USCIS stating the petition was expired or canceled...

[ChelAnnan31 10]

My fiance was denied his K1 back in April. They gave white slip and that's all, said they was sending the case back. Well we went ahead and married before I left Ghana in May. I have recently submitted new petition for spousal visa, but I never received anything from USCIS stating that they had got my file and it was expired or canceled. I never sent in any letter for withdrawal either because I figured that being we were denied, it would just be ok to refile when I got back home. Can someone tell me if i'm good to go or should I be worried because I didn't wait for a notice from USCIS stating that the petition was expired or canceled? Thanks

[JFH 12,190]

It takes ages for USCIS to inform you that the petition has died for the K-1.

When you filed the I-130, you did mention the previous petition, right? Did you include a covering letter explaining your circumstances?

[Ebunoluwa 6,136]

It can take 6 months or longer to get a letter from USCIS.

There should be no problem with it since it's for the same person and they will close out the K1 when they see your new petition.

[IcezMan_IcezLady 582]

You can refile but make sure to withdraw the K-1 petition before the new petition gets to the embassy.

[ChelAnnan31 10]

Thanks to all of you. I didn't like write anything saying to withdraw the previous petiton because on the i130 it has a place that ask u if u have filed a previous petition, who it was for and where it was filed and what was the final result. And of course I gave my hustands name etc.. I think Im just over thinking it. I pray it all goes well. And why should I withdraw from the embassy when the consular officer specifically said we were denied and she will send it back to Uscis. Denial is denial. There was no administrative processing, allowing time to submit more etc etc. We were flat out denied. That was why I wanted to be sure about it to keep myself from worrying. Again thanks all of you for ur advice.

[IcezMan_IcezLady 582]

Thanks to all of you. I didn't like write anything saying to withdraw the previous petiton because on the i130 it has a place that ask u if u have filed a previous petition, who it was for and where it was filed and what was the final result. And of course I gave my hustands name etc.. I think Im just over thinking it. I pray it all goes well. And why should I withdraw from the embassy when the consular officer specifically said we were denied and she will send it back to Uscis. Denial is denial. There was no administrative processing, allowing time to submit more etc etc. We were flat out denied. That was why I wanted to be sure about it to keep myself from worrying. Again thanks all of you for ur advice.

Search in the forum and you will find more than one post where their second petition was denied because of an active old petition..

it is up to you.. If your case file gets to the embassy before the old one expires, you could face similar problem.

Edited October 6, 2016 by IcezMan_IcezLady

[ChelAnnan31 10]

How long does it take a K1 to expire? It's been almost 6 months and by the time it makes it to the embassy it will be almost a year. We were flat out denied. No administrating processing..I'm so confused now..

[Ebunoluwa 6,136]

The petition is valid for 4 months and if not extended by the embassy then it is expired.

It usually takes 6 months to receive a letter from USCIS to inform you of the expiration.

Sometimes the previous petition falls between the cracks and is not administratively closed out correctly and

appears to be still valid in the system and this can cause problems when filing for a different beneficiary

and it especially causes problems for a beneficiary who is being petitioned by a different petitioner for the second

time.

When you file a CR1 for the same beneficiary the previous K1 is rarely a problem.

It is best to include a short note requesting to close out the previous I-129 when filing again, Ghana is crazy

and comes up with all kind of excuses why not to issue a visa.
At this point you already have send off your new petition and you did not withdraw / request to close it

but if it makes you feel better call or make an infopass and go to your local USCIS office to request to have it closed out.

Make sure the misinformation line does not confuse it with closing your current I-130 !

[Ryan H 3,812]

***Hijack post removed; if you have your own question about your own case, you need to start your own thread.***

[ChelAnnan31 10]

Ebunoluwa, thank you so much for all the advice you have given me and ur time to do it, I'm greatly appreciative... Ok here's what I'm gonna do, I'm gonna overnight a letter to USCIS, at the service center who processed and approved the first petition, for a request to withdraw. I put all specifics as far as the case number petiton receipt number, names for the both of us, DOB etc. I made sure that they know this is a withdrawal for the K1/ I-129 and not my newly submitted I-130 petition. I have also emailed the embassy in Ghana, the automated response says that, if the answers are in their FAQ list then they will not respond to you. And sure thing, it's right there. It specifically states that if you want to withdraw a petition, that u will contact USCIS and not them because they no longer have the case after its been denied. I'm gonna try what I said above and hope it doesn't slow anything down. Again thank you all

Edited October 7, 2016 by ChelAnnan31

[Ebunoluwa 6,136]

Include copies of the I-797's (NOA's 1 and 2 ) and the 221g. Keep the originals. Get a tracking number.