the validity of k1 visa has been expired while it was under review for 6 months

[Roxanne&Diako 0]

hello everyone,

after the embassy officer rejected my fiancee k1 visa on May 2016 they returned the case to USCIS for more investigations on June 16. so the case was under review since June till Feb 17 for more than 6 months and of the sudden, they sent me a letter that the case has been expired and need to fill the petition all over again! I'm wondering how it is possible if the case being reviewing for that long and then without any explanation, they tell you it's expired? we also hired an attorney after the embassy officer rejected the case but she said can't do anything on this and comments from the officer was strong enough to they expire your case without any reason!

I'm wondering is any other couples have the same issue? because my fiancee is from Iran and iIafraid the new banning orders cause these and even if we try again they would do the same?

[Kastrs 723]

This is what happens when a K1 petition is returned to USCIS for review, they expire

You need to determine why your K1 was denied and overcome those reasons

Then you either need to refile a K1 or better would be to get married and file for a CR1

A laywer will not be able to help you in this case

[Roxanne&Diako 0]

1 minute ago, Kastrs said:

This is what happens when a K1 petition is returned to USCIS for review, they expire

You need to determine why your K1 was denied and overcome those reasons

Then you either need to refile a K1 or better would be to get married and file for a CR1

A laywer will not be able to help you in this case

 

but we were waiting for more than 6 months to they ask me for an interview and provide more documents and they build final decision on the case but they did expire the case!

[Kastrs 723]

Ok.....but what I am saying is, when your K1 was refused and your file was returned to USCIS that means that your petition is going to expire, that is just the way it is

There is nothing you can do to open the closed case, so please read what I said in my first comment, at this point that is your recourse no amount of being upset over what happened with the first petition will change that

[Suss&Camm 2,213]

4 minutes ago, Roxanne&Diako said:

but we were waiting for more than 6 months to they ask me for an interview and provide more documents and they build final decision on the case but they did expire the case!

As also said by previous poster, when a K1 is returned to USCIS, it's basically dead. On a few occasions it will be revalidated and resent to the consulate, but mostly if it is returned to USCIS, you can assume that it will be left to expire.

[Suss&Camm 2,213]

If they had wanted more documents, you would have received a 221g at the interview, not a denial.

[Roxanne&Diako 0]

Just now, Suss&Camm said:

If they had wanted more documents, you would have received a 221g at the interview, not a denial.

thank you 

yes we received 221g after the interview but the case rejected even though we submitted more documents to the embassy

[Roxanne&Diako 0]

6 minutes ago, Kastrs said:

Ok.....but what I am saying is, when your K1 was refused and your file was returned to USCIS that means that your petition is going to expire, that is just the way it is

There is nothing you can do to open the closed case, so please read what I said in my first comment, at this point that is your recourse no amount of being upset over what happened with the first petition will change that

 

thank you so much

[Suss&Camm 2,213]

1 minute ago, Roxanne&Diako said:

thank you 

yes we received 221g after the interview but the case rejected even though we submitted more documents to the embassy

What documents did they ask for? You will need to figure out what the issue is/was in order to come up with the best strategy for a re-application.

[Roxanne&Diako 0]

Just now, Suss&Camm said:

What documents did they ask for? You will need to figure out what the issue is/was in order to come up with the best strategy for a re-application.

they asked for more proof or relationship,

the officer was rude and he did ask each single documents of our corresponds? so my fiancee posted more than 1000 pages of our daily corresponds with more photos of us being together and letters from my family members confirming our relationship is based on honesty 

with all these documents he still rejected the case

[Kastrs 723]

Just now, Roxanne&Diako said:

they asked for more proof or relationship,

the officer was rude and he did ask each single documents of our corresponds? so my fiancee posted more than 1000 pages of our daily corresponds with more photos of us being together and letters from my family members confirming our relationship is based on honesty 

with all these documents he still rejected the case

I would suggest more facetime in this case

get married, and file for a CR1

[Suss&Camm 2,213]

1 minute ago, Roxanne&Diako said:

they asked for more proof or relationship,

the officer was rude and he did ask each single documents of our corresponds? so my fiancee posted more than 1000 pages of our daily corresponds with more photos of us being together and letters from my family members confirming our relationship is based on honesty 

with all these documents he still rejected the case

Well, then you need to build stronger evidence. I don't know how long you've been together or anything like that, but your options are basically more facetime followed by a new K1 application or marry and do CR1.

[Roxanne&Diako 0]

6 minutes ago, Kastrs said:

I would suggest more facetime in this case

get married, and file for a CR1

 

ok thanks a lot for help

[Roxanne&Diako 0]

5 minutes ago, Suss&Camm said:

Well, then you need to build stronger evidence. I don't know how long you've been together or anything like that, but your options are basically more facetime followed by a new K1 application or marry and do CR1.

 

yes that's what attorney told us too but new visa banning for Iranian might affect that again

[Suss&Camm 2,213]

37 minutes ago, Roxanne&Diako said:

yes that's what attorney told us too but new visa banning for Iranian might affect that again

There's no current ban and it'll take some time to go through the process in any case.