i got this letter from uscis

[a loves a 0]

i got a letter last night said that they find out that the case is expired and now they gonna close the case without prejudice and we are free to file again if we want to with the right fee and support document !!!!

we got an email say the same also i know our k1 petition is dead now but the quiz is we are married now so did you think this will hurt our case if we file cr1 ??

did it will be a red flag i mean ?

also i think its good thing they close it without denied or noir or noid i think even if this sad to us but as much i understand that mean they dont consider us as a fraud or nothing , or this still mean they but a fruad marker in our case even if they let expire ??

plus some people tell me we had to respond to them to make them dont cosider us as fruad so how we will answer them back ???

need an answer please friends

thanks alot frinds

Edited January 14, 2011 by a loves a

[thelastpetitioner 218]

you are married,even if you got your visa you wouldnt be able to use it anyways.i suggest you just file a new CR-1

[Inky 1,111]

Hurt what case? your K-1 is closed and you are married so the K-1 is void anyways, you cant use one and they wont issue you one.

File the CR-1.

[And_Sam 44]

i got a letter last night said that they find out that the case is expired and now they gonna close the case without prejudice and we are free to file again if we want to with the right fee and support document !!!!

we got an email say the same also i know our k1 petition is dead now but the quiz is we are married now so did you think this will hurt our case if we file cr1 ??

did it will be a red flag i mean ?

also i think its good thing they close it without denied or noir or noid i think even if this sad to us but as much i understand that mean they dont consider us as a fraud or nothing , or this still mean they but a fruad marker in our case even if they let expire ??

plus some people tell me we had to respond to them to make them dont cosider us as fruad so how we will answer them back ???

need an answer please friends

thanks alot frinds

This is exactly what you were waiting for. Now you are free and clear to file for a CR1 visa.

Good luck!

[a loves a 0]

you are married,even if you got your visa you wouldnt be able to use it anyways.i suggest you just file a new CR-1

i know i was mean my future failing i know the k1 is already dead but did you agree with me this the good case scenario as i see or im wrong ?

This is exactly what you were waiting for. Now you are free and clear to file for a CR1 visa.

Good luck!

you mean is this good even it will keep us a part for more time , did you agree with me its better than if they send noid or noir and i cant respond or give them what they want ???

[HeatDeath 431]

Your I-129F petition is dead. This is far better than receiving an NOID or NOIR you can't respond to. Failing to respond to a NOID or NOIR would badly damage your case. But now, as they say, there is no more action to do with it. You literally can't screw up your case, because at the moment, you have no case, petition, appeal, or anything else pending with them.

They say specifically that the petition is closed "without prejudice to any future applications." That means that you have a clean slate with them. You can file a petition for a spousal visa with them and they will not hold this application against you in any way.

As And_Sam said above, this is a good thing. Even though you will be apart for more time, you are now free and clear to move on to the next step, which is the spousal visa. You can start making forward progress again.

And no, being married will not hurt your case for a CR-1. Not only do you have to be married to get a CR-1, but getting married and preparing to file for a CR-1 was exactly the right thing to do once you got "canceled without prejudice". You are on the right track, and this letter lets you start moving forward again.

Edited January 14, 2011 by HeatDeath

[thelastpetitioner 218]

i did not understand one word of the things you said when responding to me,i hope you find your answers in others comments

[HeatDeath 431]

The best way to respond to any possible-fraud marker in your now dead I-129f petition would be to make sure that your CR-1 petition has a crazy amount of relationship evidence. You can't respond directly to anything relating to the fiance petition, since it is closed now. what you need to do is include substantial amounts of relationship evidence in the spousal visa petition. That is your response.

It will also help a lot if the USC petitioner is present at the interview.

[a loves a 0]

Your I-129F petition is dead. This is far better than receiving an NOID or NOIR you can't respond to. Failing to respond to a NOID or NOIR would badly damage your case. But now, as they say, there is no more action to do with it. You literally can't screw up your case, because at the moment, you have no case, petition, appeal, or anything else pending with them.

They say specifically that the petition is closed "without prejudice to any future applications." That means that you have a clean slate with them. You can file a petition for a spousal visa with them and they will not hold this application against you in any way.

As And_Sam said above, this is a good thing. Even though you will be apart for more time, you are now free and clear to move on to the next step, which is the spousal visa. You can start making forward progress again.

And no, being married will not hurt your case for a CR-1. Not only do you have to be married to get a CR-1, but getting married and preparing to file for a CR-1 was exactly the right thing to do once you got "canceled without prejudice". You are on the right track, and this letter lets you start moving forward again.

thanks for your answer and care , so when we decide to get married after we get the visa and had stamp over it says cancled without prejudice was a good thing we just was worried if we get married before we know what gonna happend to our k1 case , and now you as a good man tell us it was right lol pless you man our love wasnt wrong when he tell our hearts to get married and dont bother waiting for k1 yayyyy

[a loves a 0]

The best way to respond to any possible-fraud marker in your now dead I-129f petition would be to make sure that your CR-1 petition has a crazy amount of relationship evidence. You can't respond directly to anything relating to the fiance petition, since it is closed now. what you need to do is include substantial amounts of relationship evidence in the spousal visa petition. That is your response.

It will also help a lot if the USC petitioner is present at the interview.

she was with me at my k1 interview and the counselor tell us we are approved but they turn around and stap us at back !!!

any way we had alot of evidence and she will apper with me at interview , but we decide now to enjoy our time after alot of panic at the k1 before we file the cr1 (also we would like to file cr1 at our first year inversary did you think its good , at least to make them feel more comfortable as i see my self they care alot if the relation is long thats my personal oppanion maybe its wrong so correct me ,

my wife coming soon to stay with me for a couple of mounths or maybe more ,

This is exactly what you were waiting for. Now you are free and clear to file for a CR1 visa.

Good luck!

why you dont answer me calling man , thats mean lol

i did not understand one word of the things you said when responding to me,i hope you find your answers in others comments

thanks for your care but i guess now you understand what we are talikng about bro

[And_Sam 44]

i know i was mean my future failing i know the k1 is already dead but did you agree with me this the good case scenario as i see or im wrong ?

you mean is this good even it will keep us a part for more time , did you agree with me its better than if they send noid or noir and i cant respond or give them what they want ???

Being apart more time is NEVER a good thing! No, what I meant is that they plain out said it. The 129f has expired and now because you are married, you and your wife can go ahead and file for the CR1 visa. WHICH imho is way more faster than a K1 visa is. Just make sure you have a whole bunch of evidence with your wife to show it is a genuine marriage.

Good luck man!!

[a loves a 0]

i agree with you sam with every word you say , but why its faster i think it more hard , like i see it we are couples which cant prove we are engaged so how it will be easy to prover we married lol , just my oppanion

[Minya's wife 25]

i agree with you sam with every word you say , but why its faster i think it more hard , like i see it we are couples which cant prove we are engaged so how it will be easy to prover we married lol , just my oppanion

Your timeline is a bit confusing. So your wife (fiancee at the time) filed an I129F, it was approved, you had a visa interview and was told you were approved...but then your passport was returned to you with a K-1 visa in it which was stamped CANCELLED? Did something happen between the interview and when they mailed your passport to make them retract the initial approval? I have never heard of a consulate actually issuing a visa (taking the time to put it in the passport) only to cancel it. This is a bit unusual.

The replies you received to your initial question are spot on. The letter you received is just basically a 'closing-out' of your case...your status is now changed to married, so you would no longer be eligible for a K-1 visa anyways. So just file the I-130 and go the CR-1 visa route. It is another round of waiting, but you would have the same amount of waiting if you had received a NOIR/NOID as well...so at least now you know that you're separated and waiting, but with cause...not in limbo as you would have been waiting on the NOIR/NOID to be adjudicated.

[Lisamarie 79]

I think their file got sent back for review and in that time it expired. But how can you get married if you have filed the K-1 and are still in the process? I'm confused too.

Your timeline is a bit confusing. So your wife (fiancee at the time) filed an I129F, it was approved, you had a visa interview and was told you were approved...but then your passport was returned to you with a K-1 visa in it which was stamped CANCELLED? Did something happen between the interview and when they mailed your passport to make them retract the initial approval? I have never heard of a consulate actually issuing a visa (taking the time to put it in the passport) only to cancel it. This is a bit unusual.

The replies you received to your initial question are spot on. The letter you received is just basically a 'closing-out' of your case...your status is now changed to married, so you would no longer be eligible for a K-1 visa anyways. So just file the I-130 and go the CR-1 visa route. It is another round of waiting, but you would have the same amount of waiting if you had received a NOIR/NOID as well...so at least now you know that you're separated and waiting, but with cause...not in limbo as you would have been waiting on the NOIR/NOID to be adjudicated.

[moroccogirlny 100]

Since your k1 is closed now(which is actually better since you got married) you can now file the CR1. You will have to load your new petition with more evidence of your relationship. If you know the possible reasons why they canceled your visa then you need to address that with the new petition as well. There is something that did not convince the officer of your relationship.