K 1 visa expired?

[Ebunoluwa 6,136]

The petition will not be reviewed even though your update stated it would.

 

You have to start over. Try to find out the reason why the visa was refused. Could be just the general ' not bona fide' finding.
Overcome the reason and convince them that you are a genuine couple if you want to pursue another petition.
I suggest marrying in his country and take lots of photos with all of his family. I would forget the fiance visa and do the CR1
after marrying there.
You can try your senator to make an inquiry as to the reason for refusal. A senator can not do a thing to get it reviewed so don't even
confuse them with that kind of request, just tell them to find out the reason(s) plain and simple.
If he is not legally residing in Italy then that's another reason for refusal, what visa made it possible for him to go to Italy ?
If it was a student visa is he still studying there and is it still valid ? Did he overstay on a B2 there ? 
Did he fill out a previous visa application for a US visa and is the data entered the same as for the K1 ?
Did someone else petition him before ?
You need to have a detailed conversation with him and ask what the CO was dwelling on at the interview, what was asked, perhaps several 

times.

[NYCruiser 423]

Gambia and Italy (Europe). Google refugees....tons of information. Gambians are desperate to leave their country. I am sure the US Embassy knew this.

 

How old is your fiance? How old are you?

What is his status in Italy (Europe)>

The Gambia as a high muslim population. What is your religion?

(Speaking as an African). Marriage is very important to the culture. The CO might be wondering why you did not get married in The Gambia. 

 

You provide very little information, yet seem to expect posters to provide an opinion.

[K1/CR1 inquiring 1]

Yes there is a lot to my story..some of his things does not need to be posted on social media but I can message you.  I am not looking for opinions, just facts, options and scenarios where someone else has been or known someone that has received notice that their I 129f has expired because the CO sent it back to the USCIS.  We probably all get enough opinions from people about meeting and marrying abroad lol.

11 hours ago, Ebunoluwa said:

The petition will not be reviewed even though your update stated it would.

 

You have to start over. Try to find out the reason why the visa was refused. Could be just the general ' not bona fide' finding.
Overcome the reason and convince them that you are a genuine couple if you want to pursue another petition.
I suggest marrying in his country and take lots of photos with all of his family. I would forget the fiance visa and do the CR1
after marrying there.
You can try your senator to make an inquiry as to the reason for refusal. A senator can not do a thing to get it reviewed so don't even
confuse them with that kind of request, just tell them to find out the reason(s) plain and simple.
If he is not legally residing in Italy then that's another reason for refusal, what visa made it possible for him to go to Italy ?
If it was a student visa is he still studying there and is it still valid ? Did he overstay on a B2 there ? 
Did he fill out a previous visa application for a US visa and is the data entered the same as for the K1 ?
Did someone else petition him before ?
You need to have a detailed conversation with him and ask what the CO was dwelling on at the interview, what was asked, perhaps several 

times.

Thanks very much.

[NYCruiser 423]

12 minutes ago, Wright/Fatajo said:

Yes there is a lot to my story..some of his things does not need to be posted on social media but I can message you.  I am not looking for opinions, just facts, options and scenarios where someone else has been or known someone that has received notice that their I 129f has expired because the CO sent it back to the USCIS.  We probably all get enough opinions from people about meeting and marrying abroad lol.

Thanks very much.

Understand, however, in many cases, Immigration is about opinions unfortunately. Whether the CO or us giving advice based on our experiences based on law.

 

All too often, (not in your case), people come on board here and leave out either material facts or give information to just support what they think.

 

The truth is The Gambia is a high refugee/fraud country for Visas (I know of three here in NYC). Visa overstays etc....so this is something I am sure the Consular Officer knew and processed your case.

 

Yes the I-129f expires on being returned. On situations such as your fiance, it is best for a CR1, then have many more visits. Very expensive I am afraid but thank goodness it is Europe which at the moment at least has 'less' expensive fares than in the past

[Dashinka 24,849]

23 minutes ago, Wright/Fatajo said:

Yes there is a lot to my story..some of his things does not need to be posted on social media but I can message you.  I am not looking for opinions, just facts, options and scenarios where someone else has been or known someone that has received notice that their I 129f has expired because the CO sent it back to the USCIS.  We probably all get enough opinions from people about meeting and marrying abroad lol.

Thanks very much.

So it sounds like the K1 was denied, petition sent back to USCIS to expire.  As others have said, you can re-file the I129F after correcting the issues that resulted in the first refusal (sounds like a long talk is needed with your fiancé), or you can meet up somewhere and get married then file for a spousal visa.

 

Good Luck! 

[K1/CR1 inquiring 1]

7 minutes ago, Bill & Katya said:

So it sounds like the K1 was denied, petition sent back to USCIS to expire.  As others have said, you can re-file the I129F after correcting the issues that resulted in the first refusal (sounds like a long talk is needed with your fiancé), or you can meet up somewhere and get married then file for a spousal visa.

 

Good Luck! 

Thanks!  I spoke with an Officer yesterday.  He said that when they close a file because of Expiration date, it is not a "denial" but there was an "issue".  Since it is closed, they will not review it and we can refile like you said.  The thing is, like you said, we need to find out what "issue" got it sent back to be reviewed again. I will have a long talk with him and we will try to figure this out.

[K1/CR1 inquiring 1]

22 minutes ago, NYCruiser said:

Understand, however, in many cases, Immigration is about opinions unfortunately. Whether the CO or us giving advice based on our experiences based on law.

 

All too often, (not in your case), people come on board here and leave out either material facts or give information to just support what they think.

 

The truth is The Gambia is a high refugee/fraud country for Visas (I know of three here in NYC). Visa overstays etc....so this is something I am sure the Consular Officer knew and processed your case.

 

Yes the I-129f expires on being returned. On situations such as your fiance, it is best for a CR1, then have many more visits. Very expensive I am afraid but thank goodness it is Europe which at the moment at least has 'less' expensive fares than in the past

Thanks!  Yes, I think we leaning towards CR1.  I am taking all of this in and appreciate all of the feedback.

I have a lot of thinking to do!  Thanks everyone for all of the info and feedback.

[payxibka 10,047]

24 minutes ago, Wright/Fatajo said:

Thanks!  I spoke with an Officer yesterday.  He said that when they close a file because of Expiration date, it is not a "denial" but there was an "issue".  Since it is closed, they will not review it and we can refile like you said.  The thing is, like you said, we need to find out what "issue" got it sent back to be reviewed again. I will have a long talk with him and we will try to figure this out.

I don't think there is any question as to what the issue is.  It has got to be the validity of the relationship when you consider all the noise going on around him

[Crazy Cat 42,520]

1 hour ago, K1/CR1 inquiring said:

Thanks!  Yes, I think we leaning towards CR1.  I am taking all of this in and appreciate all of the feedback.

I have a lot of thinking to do!  Thanks everyone for all of the info and feedback.

Please be aware that some "issues" can exist even if you marry.  If you choose to go the CR-1 route, make sure you can provide plenty of evidence of a real marriage such as co-mingled finances, time spent together, wills, etc.  The CO must recognize this marriage is not just for a ticket to the US(I am not implying that it is).

 

Good luck.

[payxibka 10,047]

2 minutes ago, missileman said:

Please be aware that some "issues" can exist even if you marry.  If you choose to go the CR-1 route, make sure you can provide plenty of evidence of a real marriage such as co-mingled finances, time spent together, wills, etc.  The CO must recognize this marriage is not just for a ticket to the US(I am not implying that it is).

 

Good luck.

Absolutely, marriage is not an absolute end all, cure all.  Some issues can never be cured no matter what you do, because the hole that has been dug is so deep

[K1/CR1 inquiring 1]

11 minutes ago, payxibka said:

Absolutely, marriage is not an absolute end all, cure all.  Some issues can never be cured no matter what you do, because the hole that has been dug is so deep

Thanks so much.  I definitely understand now.

[payxibka 10,047]

Good, because everyone here is trying there best to give you the proper advice, but this advice cannot come inside a vacuum.  You have a very complicated situation that will need some incredible amount of sorting out before you should proceed down any chosen path.  I dislike attorneys because for the most part they aren't necessarily helpful but I think this is a different.  So at some point an incredibly savvy and experienced immigration attorney might be wise choice if you choose to motor ahead

[K1/CR1 inquiring 1]

1 minute ago, payxibka said:

Good, because everyone here is trying there best to give you the proper advice, but this advice cannot come inside a vacuum.  You have a very complicated situation that will need some incredible amount of sorting out before you should proceed down any chosen path.  I dislike attorneys because for the most part they aren't necessarily helpful but I think this is a different.  So at some point an incredibly savvy and experienced immigration attorney might be wise choice if you choose to motor ahead

Ok thanks

[Ebunoluwa 6,136]

5 hours ago, K1/CR1 inquiring said:

Thanks!  I spoke with an Officer yesterday.  He said that when they close a file because of Expiration date, it is not a "denial" but there was an "issue".  Since it is closed, they will not review it and we can refile like you said.  The thing is, like you said, we need to find out what "issue" got it sent back to be reviewed again. I will have a long talk with him and we will try to figure this out.

Even if you find this reason out, your petition will not be reviewed again.
Only IR/CR 's which are the spousal visas get reviewed by USCIS once returned from the embassy, never K1's anymore, though they used to
a decade ago. Any USCIS who tells you you get a review if you know the reason of the returned K1 is simply misinforming you.

First contact a senator to inquire the reason for refusal and go from there, you are less likely to get one personally if you email them but you
can try. You can also submit a specific FOIA request to the embassy which unfortunately can take many months.(Form online). 

Best wishes for a successful outcome with your next petition.

 

[K1/CR1 inquiring 1]

10 minutes ago, Ebunoluwa said:

Even if you find this reason out, your petition will not be reviewed again.
Only IR/CR 's which are the spousal visas get reviewed by USCIS once returned from the embassy, never K1's anymore, though they used to
a decade ago. Any USCIS who tells you you get a review if you know the reason of the returned K1 is simply misinforming you.

First contact a senator to inquire the reason for refusal and go from there, you are less likely to get one personally if you email them but you
can try. You can also submit a specific FOIA request to the embassy which unfortunately can take many months.(Form online). 

Best wishes for a successful outcome with your next petition.

 

Thanks so much