"Your petition was terminated and purged from our records due to inactivity." Has anyone else gotten this message?

[K-9 Visa 11]

My fiancee is getting her second jab as I write this. We had been scheduled for her K-1 visa interview on December 31, 2019 but her grandmother had a series of strokes and looked like she wouldn't live more than two weeks so we cancelled that appointment, intending to reschedule. Grandma didn't die and then COVID shut down everything. Now that my fiancee is getting vaccinated we requested a new interview appointment. The response was:

 

"We regret to inform that after almost two years of no activity on this petition, it was terminated and purged from our records. You will need to file a new petition for the beneficiary."

 

Has anyone gotten this message? What did you do? The only option I can think of, other than starting the petition process all over again, is to contact my congressperson. I expect that an immigration attorney would be a waste of money.

[Verrou 1,962]

get married and file for CR1. K1 is not faster than CR1 anymore. i dont really think contact your congressman/woman will help in this case. 

[aaron2020 11,651]

You have been advised to file a new petition.  When you leave a case inactive for 2 years, the case will be closed.  

A Congressperson or lawyer is not going to be able to "unpurge" the system and get your original petition back.  

 

You can file a new I-129f if you have met in the last 2 years, or go get marry and file for the I-130 to start the spousal visa process.

Edited April 26, 2022 by aaron2020

[Boiler 45,519]

Another vote for marry and CR1 the K1 expired

[K-9 Visa 11]

57 minutes ago, aaron2020 said:

You have been advised to file a new petition.  When you leave a case inactive for 2 years, the case will be closed.  

A Congressperson or lawyer is not going to be able to "unpurge" the system and get your original petition back.  

 

You can file a new I-129f if you have met in the last 2 years, or go get marry and file for the I-130 to start the spousal visa process.

The embassy website said that if your petition expires a consular officer will extend the date, if the delay was COVID related.

[Boiler 45,519]

11 minutes ago, K-9 Visa said:

The embassy website said that if your petition expires a consular officer will extend the date, if the delay was COVID related.

You said it was down to her Grandmother 

[Chancy 6,241]

21 minutes ago, K-9 Visa said:

The embassy website said that if your petition expires a consular officer will extend the date, if the delay was COVID related.

 

But your case delay was not due to COVID.  You cancelled the interview yourself.  There was no consulate shutdown due to COVID before the original scheduled date, Dec 31, 2019.

 

Edited April 26, 2022 by Chancy
clarification

[RUJEN 140]

3 hours ago, Chancy said:

 

But your case delay was not due to COVID.  You cancelled the interview yourself.  There was no consulate shutdown due to COVID before the original scheduled date, Dec 31, 2019.

 

while he cancelled in DEC 2019, he may not have been able to re-schedule because the Embassy's began shutting down in January of 2020 for COVID. It might be worth contacting the CO and ask if they can open it back up, nothing ventured, nothing gained

[Chancy 6,241]

6 minutes ago, RUJEN said:

It might be worth contacting the CO and ask if they can open it back up, nothing ventured, nothing gained

 

Yes, nothing to lose at this point by asking.

 

Edited April 26, 2022 by Chancy

[Redro 4,611]

17 hours ago, K-9 Visa said:

My fiancee is getting her second jab as I write this. We had been scheduled for her K-1 visa interview on December 31, 2019 but her grandmother had a series of strokes and looked like she wouldn't live more than two weeks so we cancelled that appointment, intending to reschedule. Grandma didn't die and then COVID shut down everything. Now that my fiancee is getting vaccinated we requested a new interview appointment. The response was:

 

"We regret to inform that after almost two years of no activity on this petition, it was terminated and purged from our records. You will need to file a new petition for the beneficiary."

 

Has anyone gotten this message? What did you do? The only option I can think of, other than starting the petition process all over again, is to contact my congressperson. I expect that an immigration attorney would be a waste of money.

Is this the first time you attempted to contact them/re-schedule? or did you attempt to re-schedule the appointment during 2020/2021? 

Hopefully they will re-activate the petition... but if not consider getting married and filing the I-130... 

[African Zealot 1,455]

Your chances are slim and none. Embassies reopened a while back, September 2020 in my country although it’s different everywhere. Methink waiting this long after reopening to reschedule makes your defense which was already weak to begin with moot.

 

You lose nothing by trying your congressman, however I would advise preparing a new petition as you wait for their response.

 

Good luck!

[Crazy Cat 41,858]

20 hours ago, K-9 Visa said:

"We regret to inform that after almost two years of no activity on this petition, it was terminated and purged from our records. You will need to file a new petition for the beneficiary."

You have your answer right there....it is extremely clear .....nothing else will work.  Good Luck. I also think a CR-1 is the better choice.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

[Crazy Cat 41,858]

18 hours ago, K-9 Visa said:

The embassy website said that if your petition expires a consular officer will extend the date, if the delay was COVID related.

No, you cancelled the interview. Covid had no part in that.   Your "intention" was never followed up by action on your part, thus the case is gone.  By the way, consulates have discretion when it comes to extending a case.  They chose to purge your case from their files.  You'll have to start over.

Edited April 27, 2022 by Crazy Cat

[SalishSea 17,829]

22 hours ago, K-9 Visa said:

The only option I can think of, other than starting the petition process all over again, is to contact my congressperson

Why?  Congressperson cannot "reactivate" a cancelled/expired petition.

 

I don't quite understand why your'e surprised that a process abandoned 3 years ago must be restarted.

 

I agree with the CR-1 recommendation.