Assistance needed

[cinnamon3822 0]

hello everyone, I need your assistance please. Here is my situation. On March 30 2008, my fiance had his interview in Lagos Nigeria, at which time he was denied his visa and the petition was returned to USCIS for revocation. On June 7 2008, I went there and we got married. On June 2 2009, we received a 797 stating the petition had been reaffirmed and forwarded to the embassy in Nigeria. We filed an I-130 on March 30, 2009,which was approved on July 22, 2009. Yesterday, I received an email inviting my now husband back to the embassy for another interview on the I-129F. My question is, should he attend the interview that's scheduled for I129F and if he does not attend will we be penalized when we go for the I-130, which we have decided to persue?

Thanking you inadvance for your assistance in this matter!

[canadian_wife 1,795]

I am sorry about your tricky situation. Your husband no longer qualifies for the K-1 visa since you got married. I suggest you e-mail or call the embassy and let them know of your situation and your pending I-130 application.

I guess the good news is that USCIS reaffirmed your K-1 so hopefully you'll have good luck with your I-130 and you'll be with your husband soon.

Good luck.

[Enlighten one :) 5]

You cannot file for a CRI until your K1 has been cancled is what i have been reading in these forums, but I do not knwo for sure. You cannot file a CR1 when a K1 is pending.

[Twisted K 2]

hello everyone, I need your assistance please. Here is my situation. On March 30 2008, my fiance had his interview in Lagos Nigeria, at which time he was denied his visa and the petition was returned to USCIS for revocation. On June 7 2008, I went there and we got married. On June 2 2009, we received a 797 stating the petition had been reaffirmed and forwarded to the embassy in Nigeria. We filed an I-130 on March 30, 2009,which was approved on July 22, 2009. Yesterday, I received an email inviting my now husband back to the embassy for another interview on the I-129F. My question is, should he attend the interview that's scheduled for I129F and if he does not attend will we be penalized when we go for the I-130, which we have decided to persue?

Thanking you inadvance for your assistance in this matter!

That is a tough one. I would suggest contacting a good immigration attorney. There are a couple of name floating on here, Marc Ellis is well-versed in returned petitions, and he is a VJ member. And lately, I have been hearing the name Laurel Scott. I do not have her info. K1 is no longer valid, but I do not know the process you need to take without affecting your I-130. When mine was returned, we were warned not to withdraw the petition. Thank God CSC recently sent me a letter that it was going to remain expired.

Also, check out the pinned forum under MENA, if you haven't already.

[NigeriaorBust 4,087]

Mark Ellis says by the time a K1 returns to the US it has expired so you can file what you want. It is the CR visa petitions that you have to wait on as they don't have the same 4 month validity as a K1. But the fact your K1 was reaffirmed supports the validity of the relationship for the CR1

[JimVaPhuong 4,863]

I think the rule is that you cannot file another K1 until the first one is dead and buried, or (as has been happening lately) is resurrected and sent back to the consulate.

Lots of people have filed CR1 petitions after their K1 petition was sent back to USCIS, and they filed without waiting for the final disposition of the K1 case. Marc Ellis even wrote an article about this scenario:

http://www.ilw.com/articles/2006,0323-ellis.shtm

The main thing he warns about is not to forget about the K1, just because you intend to let it die. If you get a NOID or NOIR then you must respond to it, even if you've already gotten married and filed for the CR1. If you don't, then the final disposition of the K1 could be that a presumption of misrepresentation could become a fact, and you could show up for the CR1 interview only to discover you've been banned for visa fraud.

But, you don't have to wait for the final outcome of the K1 case before filing for a CR1, nor do you have to actually apply for the K1 visa at the consulate in the event that the K1 petition is reaffirmed. Just send a letter to the consulate explaining about the pending CR1, and withdrawing the K1 application.

[Aniomaman 0]

hello everyone, I need your assistance please. Here is my situation. On March 30 2008, my fiance had his interview in Lagos Nigeria, at which time he was denied his visa and the petition was returned to USCIS for revocation. On June 7 2008, I went there and we got married. On June 2 2009, we received a 797 stating the petition had been reaffirmed and forwarded to the embassy in Nigeria. We filed an I-130 on March 30, 2009,which was approved on July 22, 2009. Yesterday, I received an email inviting my now husband back to the embassy for another interview on the I-129F. My question is, should he attend the interview that's scheduled for I129F and if he does not attend will we be penalized when we go for the I-130, which we have decided to persue?

Thanking you inadvance for your assistance in this matter!

I don't think you have a problem here. Just contact the embassy by email informing them of the change in circumstance and I believe the reaffirmation of your K-1 validates your relationship and you will not have the same problem at your next interview with them. But be sure to get a response from them with regards to the K-1 interview cancellation, if not he should attend and let them know about the change in circumstance. All the best.