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How many months waiting to re-apply for K1 visa?

#1 Eyemd82

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Posted 21 October 2012 - 03:25 AM

I wanted to know if any of you guys had experienced on withdrawing your K1 petition right before it gets approved? We have impending denial of K1 petition because we only submitted the I129F and the payment. So we were thinking of canceling before it gets denied and reapply again. How long did it took to re-apply because I read that you have to wait for a confirmation from USCIS that it was withdrawn before you reapply? And does the petitioner needs to send a waiver when reapplying eventhough he is filing for the same benefeciary?I just want to know the estimate time it will take us for the processing.. I will appreciate any response..thank you
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#2 beejay

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Posted 21 October 2012 - 11:50 AM

Your case won't get denied, it will be rejected - in essence having never been accepted and will be returned to you. When you receive your rejected petition back in the mail (most likely in less than a month) just resend it with all the requirements you omitted the first time. If you are lucky enough to have your case accepted with only the form and fee then you will receive an RFE for what is missing and you will send it then.

No need to worry about denials or withdrawing the petition. Just a minor hiccup in the grand scheme of things and lesson learned.
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#3 beejay

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Posted 21 October 2012 - 07:05 PM

I've been reading around and looks like there have been denials (as you were already aware) for this exact thing. Hopefully you get someone sympathetic who rejects your petition outright. If not, let's hope you don't have to wait too long for the denial.

Good luck.
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#4 Eyemd82

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Posted 21 October 2012 - 11:13 PM

I've been reading around and looks like there have been denials (as you were already aware) for this exact thing. Hopefully you get someone sympathetic who rejects your petition outright. If not, let's hope you don't have to wait too long for the denial.

Good luck.



Thanks beejay. That's why we are planning to cancel right before we get denied and re-file again. I wanted to know how long it will take though before they confirm so we can re-apply already..do you have any idea?thanks..
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#5 beejay

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Posted 22 October 2012 - 12:06 PM

Thanks beejay. That's why we are planning to cancel right before we get denied and re-file again. I wanted to know how long it will take though before they confirm so we can re-apply already..do you have any idea?thanks..


I don't, I'm sorry but I know there are others on here who have withdrawn a petition and then refiled. Hopefully they will come along and can answer your question.

Good luck.
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