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Fuji1978

K-1 Denied - do I have to wait for revoke notice to refile for CR-1?

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K1 visa denied in Accra. We married less than a week later. I am back in the US getting paperwork to file I-130. Do I need to request the K-1 to be revoked or is it not necessary since the NOA2 is already expired on that petition? I don't want to wait 3 or 4 months to get this letter from USCIS that is supposed to explain the reason for denial. I know they will just state the same as the letter I received from the CO....Found ineligible under 221-g...which is the blanket statement by this CO basically saying I didn't feel like approving this one. She wouldn't give me a straight answer when I was face to face questioning her reason, so I seriously doubt these letters come with any "real" reason for denial. Anyone received one with any detail on it?

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Without knowing the reason, they could deny the Spousal Visa for the same reason.


ROC Timeline!

Service Center : California Service Center

NOA1 : 2017-09-01

Biometrics : 2017-09-28

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA1 : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

EAD/AP Card Received : 2015-03-27

NPIW : 2015-06-11

AOS Approved : 2015-11-24

GC Received : 2015-12-01

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

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Here's the rub with K1 petitions, since they do carry an expiration date, more often than not USCIS will let it expire rather than take any action on it. Once it expires, they will simply tell you that you are free to start over from square one.

If you were to receive a Notice of Intent to Revoke (NOIR), it would contain specific reasons why it was being sent and you would have to address those specific reasons.

I would suggest calling USCIS to see what the status of the petition is. You can mention that you have married the beneficiary and will be filing appropriate paperwork to start that process.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Without knowing the reason, they could deny the Spousal Visa for the same reason.

Exactly, this is my concern. The CO wouldn't give a specific reason, I was there questioning her myself. She stated the notice to revoke letter from USCIS will explain more. The issue is, she made the notes and the decision. Is it true that USCIS sends a letter and specifically addresses the issue that caused the denial......or (most likely) I get the same generic response stating ineligible due to 221-g of Immigration Naturalization Act. Which is just a broad statement saying I denied because I wanted to............anyone received an actual explanation of the denial?

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Here's the rub with K1 petitions, since they do carry an expiration date, more often than not USCIS will let it expire rather than take any action on it. Once it expires, they will simply tell you that you are free to start over from square one.

If you were to receive a Notice of Intent to Revoke (NOIR), it would contain specific reasons why it was being sent and you would have to address those specific reasons.

I would suggest calling USCIS to see what the status of the petition is. You can mention that you have married the beneficiary and will be filing appropriate paperwork to start that process.

I know the NOA2 on my I-129f expired on 16 Feb....just one week after getting the official denial. I'm sure that was done on purpose, and furthermore, done so that I could not challenge the decision because there probably is no legal reason for the denial. Just the "gut feeling" of the CO trying to boost her ego on her marriage and relationship predictions.

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Is it true that USCIS sends a letter and specifically addresses the issue that caused the denial......

Yes it is true, that's what a NOIR is, specific reasons why it is being sent are spelled out and it would be those specific reasons that have to be rebutted in a rebuttal. However, as I previously said, USCIS often just lets a K1 petition expire without sending an NOIR. They say instead that you can start over at square one.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I was in communication with someone from my congressman's office, and she said it is possible we may never get a reason for our K-1 denial. She also said notifying USCIS that I was withdrawing the petition was not necessary.

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