K1 returned to USCIS

[Tiredofthisall1 2]

We received a message saying that our case is being sent back to USCIS because we didn’t meet the qualification for the visa class( we didn’t submit divorce decree with original petition but we provided it during interview). They said they are sending it back for reconsideration. Will it actually get reviewed or should we just leave it and start over? And if they will look at it how long will it take. We waited so long in AP. 

Edited January 9, 2021 by Tiredofthisall1

[payxibka 10,047]

1 minute ago, Tiredofthisall1 said:

We received a message saying that our case is being sent back to USCIS because we didn’t meet the qualification for the visa class( we didn’t submit divorce decree with original petition). They said they are sending it back for reconsideration. Will it actually get reviewed or should we just leave it and start over? And if they will look at it how long will it take. We waited so long in AP. 

It will not be reviewed.  You need to begin again. 

[Alexparin 4]

Best option is get married and start cr1 visa.

[Crazy Cat 42,099]

4 minutes ago, Tiredofthisall1 said:

We received a message saying that our case is being sent back to USCIS because we didn’t meet the qualification for the visa class( we didn’t submit divorce decree with original petition). They said they are sending it back for reconsideration. Will it actually get reviewed or should we just leave it and start over? And if they will look at it how long will it take. We waited so long in AP. 

Agree with @payxibka.  The petition will be sent back to expire.   Agree that refiling is the best option.

Edited January 9, 2021 by Lucky Cat

[Tiredofthisall1 2]

19 minutes ago, Lucky Cat said:

Agree with @payxibka.  The petition will be sent back to expire.   Agree that refiling is the best option.

Would refilling for another k1 be a bad option ? And can we file right away or do we have to wait. Since we already know the reason and all. 

[Alexparin 4]

If you want to save your time. Go for cr1 visa. 

[payxibka 10,047]

How did you have such an agregious oversight?  Did you prepare tbe petition properly or was it prepared in error?

[Tiredofthisall1 2]

9 minutes ago, Alexparin said:

If you want to save your time. Go for cr1 visa. 

Not sure if we would be able to get married anytime soon. Plus k1 is faster isn’t it? 

[Tiredofthisall1 2]

9 minutes ago, payxibka said:

How did you have such an agregious oversight?  Did you prepare tbe petition properly or was it prepared in error?

The lady who prepared the petition for us made the error 

[Alexparin 4]

K1 take same time as cr1 7 to 9 months present time. Cr1 visa build strong case. k1 visa in your situation seems hard. So discuss with your partner get married and apply for cr1 than live happy together. It's all worth it in end.

[Maki&Kiki 123]

To me is sounds weird that they denied your visa just because you didn't send divorce papers. That's RFE at NOA2 stage, should not even make it to the interview  🤷‍♀️. Unless you answered wrong in i-129f petition about you or your Fiance

being previously married.

 

You can try again, but keep in mind that k1 now takes as almost, if not as same time as cr1. 

[Crazy Cat 42,099]

4 hours ago, Kittinpaw said:

To me is sounds weird that they denied your visa just because you didn't send divorce papers. That's RFE at NOA2 stage, should not even make it to the interview  🤷‍♀️. Unless you answered wrong in i-129f petition about you or your Fiance

being previously married.

 

You can try again, but keep in mind that k1 now takes as almost, if not as same time as cr1. 

You are correct.  It was more than not just omitting the document.   

[Ed&Midori1031 330]

15 hours ago, Tiredofthisall1 said:

We received a message saying that our case is being sent back to USCIS because we didn’t meet the qualification for the visa class( we didn’t submit divorce decree with original petition but we provided it during interview). They said they are sending it back for reconsideration. Will it actually get reviewed or should we just leave it and start over? And if they will look at it how long will it take. We waited so long in AP. 

Instead of waiting to get reviewed, best to either start over or go the cr-1 route.  

[SalishSea 18,087]

16 hours ago, Alexparin said:

K1 take same time as cr1 7 to 9 months present time. Cr1 visa build strong case. k1 visa in your situation seems hard. So discuss with your partner get married and apply for cr1 than live happy together. It's all worth it in end.

Are you talking about the petition phase only?  Because considering that most consulates are not even interviewing for K-1s currently, overall time from filing to POE is going to be years, not 9 months.  Likely even longer for OP, with an AP.

[Alexparin 4]

2 minutes ago, Jorgedig said:

Are you talking about the petition phase only?  Because considering that most consulates are not even interviewing for K-1s currently, overall time from filing to POE is going to be years, not 9 months.  Likely even longer for OP, with an AP.

Yeah I agree👍🏻