K-1 Application Sent Back To USCIS

[mixtapejunkie 0]

....myself and ny fiancee received letter from embassy to interview...this was back in April 2010....I was laid off in October 2009....and remained unemployed when we were called to interview.....I was unable to find a sponsor.....obviously no work=no visa....so we never followed up the interview.....I found work again in May 2010....since I did not anticipate finding employment even if I had requested an extension we never showed up for the interview or requested an interview.....and just forgot about the whole process.....my plan was to reapply/start over again next month until I received an email from USCIS stating that they received our (previous) application from the State Department....for review....that is the returned application is under review... WHAT SHOULD I DO?...RE-CORRESPOND WITH USCIS AND INFORM THEM OF WHY I DID NOT FOLLOW UP WITH THE INTERVIEW AT THE EMBASSY.....OR RE-START ANOTHER APPLICATION?.....

[Barbara J 115]

....myself and ny fiancee received letter from embassy to interview...this was back in April 2010....I was laid off in October 2009....and remained unemployed when we were called to interview.....I was unable to find a sponsor.....obviously no work=no visa....so we never followed up the interview.....I found work again in May 2010....since I did not anticipate finding employment even if I had requested an extension we never showed up for the interview or requested an interview.....and just forgot about the whole process.....my plan was to reapply/start over again next month until I received an email from USCIS stating that they received our (previous) application from the State Department....for review....that is the returned application is under review... WHAT SHOULD I DO?...RE-CORRESPOND WITH USCIS AND INFORM THEM OF WHY I DID NOT FOLLOW UP WITH THE INTERVIEW AT THE EMBASSY.....OR RE-START ANOTHER APPLICATION?.....

Theres not much point in writing to them as it would only get lost. Best to wait until you hear from them and take it from there.

[I & JJ <3 9]

I personally would give USCIS a call and ask what is the current status of your case, but that's just my opinion. Their email says "for review" but this could mean anything. If your case is still open then perhaps you wouldn't have to go through the enitre process once again. If you call the worst that can happen is that they don't have any info for you so it really wouldn't hurt to try. Best of luck...

[baron555 934]

You can not submit another petition until this one is officially closed. It may Infopass time.

[korbet 1]

I would definitely contact them and my Congress(wo)man. (Got to be politically correct!) Give hem your story and tell them what you would like to do, i.e., continue the process or ask for an extension to catch up with building a better financial picture. You couldn't possibly lose on that.

Peace

[mixtapejunkie 0]

WHAT TYPE OF HELP CAN MY LOCAL CONGRESS WOMAN/MAN DO FOR ME AT THIS POINT?

[mixtapejunkie 0]

SHOULD I CONSULT WITH AN IMMIG. LAWYER?

[KiwiBird 132]

First thing, I'd suggest turning down your font.

Second, if you want to completely start over again, you could write a letter to USCIS asking the first petition to be withdrawn. Or, wait for someone much more knowledgeable with this stage to come along and help.

[mixtapejunkie 0]

WILL IT BE COUNTER PRODUCTIVE TO RE- APPLY BUT FOR A K-3 AS COMPARED TO A NEW K-1?

[belinda63 2,981]

K-3 is dead but would not apply unless you were married. If you are married now you can apply for a CR-1, if you are engaged to be married you apply for the K-1.

I suggest sending a letter to USCIS requesting the first petition be withdrawn then filing a new petition, either K-1 or CR-1 depending on the marital status.

[JimVaPhuong 4,863]

WILL IT BE COUNTER PRODUCTIVE TO RE- APPLY BUT FOR A K-3 AS COMPARED TO A NEW K-1?

K3's don't happen very often anymore, mainly because the approved I-130 and I-129F petitions usually arrive at NVC at the same time. NVC just cancels the I-129F and sends the I-130 to the consulate, so it ends up being a CR1 instead of a K3, which is actually better because there's no AOS process - the beneficiary gets a green card automatically after coming to the US.

As baron555 mentioned, there's no telling what would happen if you submitted another K1 petition now. It depends on what USCIS intends to do with the K1 petition they've already got. They can't have two pending K1 petitions from the same petitioner at the same time. Maybe sending another petition would cause them to close the returned petition. Maybe they would reject or deny the second petition pending final action on the first petition.

I'm guessing you'll probably get a letter from USCIS telling you that they intend to close the first petition without prejudice unless you respond with a valid reason for them to reaffirm the approval and send it back to the consulate. There's no telling how long it will take them to do this, or to take any sort of action.

You could get married and file an I-130 for a CR1. You don't have to wait for any action on the K1 petition in order to do this. Since your K1 petition was returned because the beneficiary didn't apply for the visa, I'm guessing that an I-130 petition would just cause them to close the returned K1 petition. There would be no point in reaffirming it after you're married because she wouldn't be eligible for the K1 visa anymore. There would also be no point in USCIS revoking the approval of the original K1 petition because (I'm presuming) the consulate returned it without any derogatory claim or negative decision against the beneficiary.

BTW, using all capital letters in an internet forum is considered to be comparable to shouting. Using all caps combined with bold or larger font is considered to be shouting loudly.

[mixtapejunkie 0]

Thanks Jim. Your response has been the most comprehensive thus far. Thanks for your insightful perspective. I actually called USCIS yesterday and was told too just wait for a reply within 120 days. This is where I really cannot sit still. 120 days in limbo. 120 days is what it took from date the application was accepted till it was sent to the embassy. Worst case scenario they close the case without any prejudice. Allowing me to re-apply. I anticipate that they would at least offer me a adjudication process before they come to a final decision. This is what I hope for instead of starting all over again....I am loosing sleep and going grey because of the whole experience.

[Aztec&Taino 144]

Thanks Jim. Your response has been the most comprehensive thus far. Thanks for your insightful perspective. I actually called USCIS yesterday and was told too just wait for a reply within 120 days. This is where I really cannot sit still. 120 days in limbo. 120 days is what it took from date the application was accepted till it was sent to the embassy. Worst case scenario they close the case without any prejudice. Allowing me to re-apply. I anticipate that they would at least offer me a adjudication process before they come to a final decision. This is what I hope for instead of starting all over again....I am loosing sleep and going grey because of the whole experience.

There are good priced flights from NYC to the DR right now. I think it would be best for you to go to the DR and get legally married and submit your I-130 upon your return to the US. As Jim explained, the advantage of the CR1 is that your wife would enter as a permanent resident and would be able to work right away (you would also save the AOS fees).