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happyus

Need help on K-1 that was reaffirmed

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Filed: Timeline

Hi,

I would appreaciate some help on a k-1 case that was reafirrmed on june 29 2009.The problem is I got married in jan 2009 and now I get a letter from USCIS saying this and its being sent back to consulate.I got married after my husband got denied in 2007 1 year ago.I never thought they would reafirm it after 1 year of waiting for the letter to show more proof.

So we got married,and dont know what to say to this letter I got.I am doing this all myself,no laywer,I fired the one yesterday when he tried to take 4,000 for the k-3.He wrote a email to the emabssy asking a question,not state department and tried to charge me another 500 on top of that.The embassy never got the email,I called.I got fed up and fired my lawyer yesterday and stopped the check also.

So now I am stuck,I dont know wether to withdraw the case and apply for I-30,I need help on what t write to the state department on what to say and why I got married and withdrawing the k-1 .Im nit good at writing these things.I was told by Marc ellis never wothdraw a case,but this one got reafirmed,so im confused..HELP!

Here is what the letter says from USCIS...

The above petition has been aproved and forwarded to the listed consulate.Please contact the consulate with any questions about the visa insuance,and etc...

Should I contact the emabassy?Should I email them or write them in a posted letter?What should I say?I dont want to ruin anything.I give up on lawyers.

Thanks all!!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

:time:

1st, I really feel for your situation. I know what it feels like to be denied a K1, as we went through the same situation this past December. If I were you, I would seriously re-consider Marc Ellis, he is the most knowledgable on the subject. Have you already applied for the K3/CR1? If you originally filed in Vermont, it looks like they have been re-affirming cases left and right. California (which is where our original I-129F went to) is still letting them expire. IMO, I think you should write a letter to USCIS to explain the situation, not a withdrawal letter, but an explanation letter. I am not completely sure. But the K1 is definitely null and void if you have a valid marriage license, that is one filed on a court record. If it was a religious ceremony only, you may be in luck. We got married in May, and I sent off our I130 in June. In the cover letter, I linked our previous file with this one, so they can reference if need be. I hope it is not too late for that for you. Like I said, I would seriously reconsider M.E. I am sure someone else will come along with great advice!! Good luck, and I hope things work out for you :thumbs:

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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You have no choice but to cancel the K1 because you got married. When you get the consulate case number from NVC, contact the consulate to cancel it. You will have to start over with I-130.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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I'm confused by your original post - I know you're anxious, but slow down an explain the situation clearly so people can help you.

But the bottom line is if they have approved a K1 petition and are sending it to the consulate - and you have since gotten married - you have no choice but to cancel the K1 and start over with either a K3 or CR1.

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  • 3 weeks later...
Filed: K-1 Visa Country: United Kingdom
Timeline

Since you are now married, you are no longer entitled to the K-1. Since your K-1 has been reaffirmed, you are sure that whatever issue the embassy had with you on the K-1 visa has been dealt with and cleared by USCIS. Apply asap for the k3 or CR1 and email the embassy to advice them of your new status and that you no longer want to pursue the K-1 visa. All the best

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