I would like to find out if anyone here has ever had their K1 petition returned to the USCIS, gotten married and filed the K3 instead. If you can share your experiences with me I would appreciate it.

Kind Regards,
~Kiyah~

Did you recieve any Notice of Intent to Deny or Revoke ?

Hi Kiyah,

We had our K-1 denied at interview because my fiance's previous marraige was not annuled properly. We got the problem corrected and married after it was finalized and are now in the K-3 process. I guess it all depends on your specific situation and reason for denial.

Jazzy

Unfortunately no, the CSC is not providing this opportunity whatsoever. No NOID/NOIR. I only received the Notice of Decision that our petition would not be revalidated for review due to the petition being expired...I may file again at any time.

We will not file a K1 again...period. So, I would like to learn of others' experiences like this, getting married and filing the K3/CR1 after the K1 petition was returned.

~Kiyah~





Unfortunately, we do not know the "real" reason. The consulate said for validity of relationship...this is their canned response for everyone inquiring about a refusal. I have submitted an FOIA request and hope I get some answers from that. The CSC has not been helpful at all, they do not respond to my letters, nor do they respond to my senator's inquiries about all this.

So, we will marry and file a K3...the K1 is just not an option for us anymore.

~Kiyah~

Kiyah,
It happened to us. We filed K1 in early 2001 got an RFE after almost 6 months our papers sitting on their table:-( too bad the paper they needed was included in the packet we sent in. anyway, we sent it again and wait, wait, & wait never heard anything else until we got the letter saying the petition is expired. so we decided to go with our plan B getting married in PI and filed K3 and it worked just fine. Good luck!

hey kiyah,
my fiance's visa got refused based on misrepresentation, something wrong with her birthcertificate. the case got sent back and i received a letter saying that they received it and they were going to let me know when they make a decision.( it was not an intent to revoke or whatever the embassy told me i should wait for) then after the 60days passed i called and some inquiry was made and i received something saying the petition expired and that i can reapply. so i'm now on the k3 track. hopefully this will work, so i'm still waiting.

but yes, mine got sent back and now i'm doing the k3. Successful, i don't know yet. hopefully so.

guys what about in the process of waiting for the approval of K1 visa and the u decided to get married in the country of the beneficiary, would it void the K1 visa application?? just confused? thanks!!!

Thank you so much for sharing this with me. I do have a question regarding the misrepresentation. From what I have heard, the DOS places the misrepresentation marker in the beneficiary file when they receive notice that a petition has been revoked...regardless of reason, etc. Even though our petition was not "officially" revoked but expired, this is something we will be facing.

I am going to have an attorney try and get this removed before we file our K3. I don't want to get to the K3 interview and be shocked at the consulate returning the K3 due to this misrepresentation marker in his file. We just can't handle going through this return process yet again. Is this something you also had to do?

I wish you much luck with your case, I really look forward to hearing you are both reunited here in the United States as you should be.

~Kiyah~




Yes, that is correct. If you have a K1 petition out there, regardless of whether it has been approved yet or not and you marry during any time of this process, the K1 is automatically null and void and you have no choice but to file the spouse visa.

If you are waiting for approval of a K1 and you have gotten married while waiting, I would withdraw the K1 petition and file the for the K3.

~Kiyah~

I am wondering if there have been any updates since this question was asked? Have any of you that have had thier petition sent back to the service center for k-1 visa, and then got married, and reapplied for a k-3 gotten thier visas yet? Also did anybody recieve thier NOID letter? Just wondering. Thanks

I got an intent to deny due to IMBRA because I had a previous petition in the last 2 years that was approved ( w e broke up before the interview) and so I am on my way to Algeria to maybe get married with him. I have been watching the USCIS site for changes and I sent the RFE for the waiver back in immediately but its still not registering as there and they only gave me till the 8th. I am not sure how fast they open the mail there or if it will even get opened. BUt none of this looks real easy. I noticed you did not do the K3. any reason in particular? I am getting to the point I dont want to do the K3 because of all the hasse with the k1. Makes me want to juust stick with the other