Refiling K-1

[Ruemonst 0]

Hi,

My fiancee and I previously filed a K-1 application.

She had her interview at the Moscow embassy. They kept her

passport but requested some more information from me. While

I was acquiring the additional information, She decided to

cancel the process.

We are going to apply again, but she is now worried that

the embassy can refuse the application because of the prior

cancellation.

Is there any reason for us to be worried?

Thanks,

Ed

[HeatDeath 430]

You will need to find out, specifically, why the consulate denied you, and you will need to front-load your new petition with large [but not too large] amounts of evidence tailored to specifically address and rebut the reason for the previous denial.

[Krikit 1,163]

You will need to find out, specifically, why the consulate denied you, and you will need to front-load your new petition with large [but not too large] amounts of evidence tailored to specifically address and rebut the reason for the previous denial.

There was no denial.

[HeatDeath 430]

Duh. Brainf*rt. Silly me.

She will be asked at the interview, in some detail, and possibly rather pointedly, why she canceled the last one and what changed her mind again. But if she's prepared for that and has good answers everything should be OK.

The other possible issue is that, in your cover letter for your new I-129F petition, you may have to request a waiver from the filing limits, if the new petition is too close in time to the previous one. You can normally only file one every 2 years [and only 2 in a lifetime], or something like that - the I-129F instructions say specifically. If you're hitting those limits just put a sentence in your cover letter formally requesting a waiver of the filing limits. You don't have to fill out an extra form or anything.

Good luck!

[bt1 42]

Hi,

My fiancee and I previously filed a K-1 application.

She had her interview at the Moscow embassy. They kept her

passport but requested some more information from me. While

I was acquiring the additional information, She decided to

cancel the process.

We are going to apply again, but she is now worried that

the embassy can refuse the application because of the prior

cancellation.

Is there any reason for us to be worried?

Thanks,

Ed

It depends on what you mean by “cancellation: did she officially cancel the application or just didn’t show up at the interview? The latter will give you trouble for sure.

[baron555 934]

As kong as the old petition was canceled properly you won't have any issues. Maybe some questions during the interview.