have you ever previously filed a petition for this beneficiary or any other alien?

[Godknowsbest 1]

Hi everyone, 

I filed a K1 1-129F petition for my (now) hubby last year however after the interview, he was told the interview was successful but then they sent an email stating that they would send it back to USCIS because the support documents arrived late. So do i say yes or no to this question. 

[Just Paul 4,595]

Just now, Godknowsbest said:

Hi everyone, 

I filed a K1 1-129F petition for my (now) hubby last year however after the interview, he was told the interview was successful but then they sent an email stating that they would send it back to USCIS because the support documents arrived late. So do i say yes or no to this question. 

You answer YES

[LilyJ 1,258]

Yes

[pushbrk 12,898]

1 hour ago, Godknowsbest said:

Hi everyone, 

I filed a K1 1-129F petition for my (now) hubby last year however after the interview, he was told the interview was successful but then they sent an email stating that they would send it back to USCIS because the support documents arrived late. So do i say yes or no to this question. 

The I-129F is a "petition". PERIOD

[Godknowsbest 1]

On 1/19/2020 at 6:59 PM, Paul & Mary said:

You answer YES

But it’s also asking for the outcome with only 3choices; approved, denied or withdrawn. USCIS approved the petition but the US embassy at his country Is recommending a NOIR because the interview and AOS was done after the NOA2 validity period. Prior to the interview, they knew the only available interview date he could secure was after the validity period on the NOA2 and still encouraged him to come to the interview. 

[Just Paul 4,595]

1 hour ago, Godknowsbest said:

But it’s also asking for the outcome with only 3choices; approved, denied or withdrawn. USCIS approved the petition but the US embassy at his country Is recommending a NOIR because the interview and AOS was done after the NOA2 validity period. Prior to the interview, they knew the only available interview date he could secure was after the validity period on the NOA2 and still encouraged him to come to the interview. 

If that is your thinking . . . You can either write to withdraw and select withdrawn or select denied because as an operation of USCIS policy they do not look at K1 petitions sent back from the consulate unless it to correct an error by USCIS.    You can "explain" the situation in the last section of the new petition if you want.

 

But is says Result (for example, approved, denied, withdrawn)  So write in Consulate recommended NOIR after Interview since you aren't waiting for USCIS to do nothing and want to file your petition.

 

Do us all a favor and fill out your member timeline and country and you will get answers faster.  No one wants to have to read all of you post to try to figure out basic information about your case.

 

You and your husband need to be more assertive on your case and be better prepared.   Have a strong petition.  Make sure you interview with everything you need.  After a long morning at the consulate Mary and I were asked to come back later that afternoon as the CO had questions.   All of them were easy,  We had everything from our petition and even more backup documents with us.   The CO said "I am recommending you for approval but we need a Police Certificate from Mexico. . . "   I  interrupted the CO and said Mary had only been in Mexico for five months and not 6 as the consulate had "calculated".  They apologized for the error and we got the Visa the next week.  Otherwise we would be awaiting another two or 3 months.

 

Did you wait until the last minute to schedule an interview?   We don't know.  The consulate had the option to extend the petition out to a year  (or more)in 4 month increments.   That is what would have happened in almost every other case anywhere else.  You have to intervene the second they tell you that. 

 

What do you think happens to all the cases in Mexico that have to wait year just to interview? They don't get sent back to USCIS as NOA2 expired.