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boosto23

Withdrawn/expired K-1 = "refused visa"?

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Hello all, 

 

In preparing to fill out the ds260, I came across a question with regards to my wife, whom I'm petitioning for. I would like to know if a withdrawn/terminated K-1 would be considered a "Refused visa." Some details: 

  • I had applied for a K-1 visa before, but due to an employment opportunity, we decided to become married in her country, thus invalidating the K-1. 
  • The i129f was approved already and the NVC sent the information to the consulate office in the country. 
  • I notified the office that I wanted to withdraw the K-1 visa, and the consulate responded by saying the i129f was returned to the USCIS for disposition 
  • I later received a letter from the USCIS telling me that the K-1 visa I applied for was "terminated" after the petition was returned to the USCIS and "expired" after four months, citing 8 C.F.R. 214.2(k)(5)

 

I'm not sure if a consulate "return" is considered a rejection, especially since the reason for the termination was the expiration of the petition. Thanks in advance for your thoughts. 

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53 minutes ago, boosto23 said:

The i129f was approved already and the NVC sent the information to the consulate office in the country. 

 

If your wife never submitted a DS-160, then technically, she did not apply for a K1 visa.  No visa application to refuse.  A petition (even if approved) is not the same as a visa application.

 

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