for those who have been denied the K-1 HELP!!!!

[sherryandyashpal 7]

any idea how long it takes the NVC/USCIS to get the returned petition? We have decided to refile again since getting married in india would mean I have to move there for 30 days and right now I cant (although if this fails I will have no other choice) We really want to get going again and I heard that even though or application has expired as of 8/25/2011, we still have to wait for final word from USCIS. any thing you can add will help. And if u know an easier way for us to get married outside india so we can do the CR-1 that would be amazing!!!

Sherry

[elya 17]

I re-filed the new I-129F right away. As long as you know what the consulate's issue was and you can correct it with the new petition (for example front load with evidence of relationship) you will be fine.

It typically takes months for the petition to be received back. Often on the I-129Fs they don't even review them, just send you a notice that it's expired and you can now refile. In my case USCIS claims they never received it, even after more than 10 months. At least now I got my new petition approved and we are currently at NVC.

Nothing wrong with filing again without waiting for them to review the first petition. Just be SURE you respond to any Notice of Intent to Revoke on the first petition if they do send you one - otherwise you can automatically be flagged with misrepresentation. They may also just use the information from the embassy on the first petition to send you an RFE or Notice of Intent to Deny on the second petiton - of course be sure to respond to those, too.

Also remember this will technically be your 2nd petition (at least) in 2 years so IMBRA applies and you may need to request a multiple petition waiver.

[sherryandyashpal 7]

I re-filed the new I-129F right away. As long as you know what the consulate's issue was and you can correct it with the new petition (for example front load with evidence of relationship) you will be fine.

It typically takes months for the petition to be received back. Often on the I-129Fs they don't even review them, just send you a notice that it's expired and you can now refile. In my case USCIS claims they never received it, even after more than 10 months. At least now I got my new petition approved and we are currently at NVC.

Nothing wrong with filing again without waiting for them to review the first petition. Just be SURE you respond to any Notice of Intent to Revoke on the first petition if they do send you one - otherwise you can automatically be flagged with misrepresentation. They may also just use the information from the embassy on the first petition to send you an RFE or Notice of Intent to Deny on the second petiton - of course be sure to respond to those, too.

Also remember this will technically be your 2nd petition (at least) in 2 years so IMBRA applies and you may need to request a multiple petition waiver.

So you did not wait until you had a notice from the USCIS to tell you they had received your application back? I mean we dont want to but our lawyer said we should. I mean but our application has already expired so ther is no point to wait right? I appreciate your reply very much!!!

Sherry

[elya 17]

No we did not wait. If we had waited, we would still be waiting. Our lawyer said we should wait too but I think they were just being lazy and didn't want to do anything. They said that USCIS would explain why the visa was rejected, which, as I know from VJ, is simply not true in most cases.

We had already paid him flat fee so there was no financial benefit for the lawyer to refile promptly. So why would he want to?

It can be useful to wait if you don't know why the embassy rejected you, but only if USCIS actually reviews your case and sends you information about why they plan to revoke. Which, as far as I know, doesn't happen for returned petition I-129F for a K-1 in 90% of cases - they just let you know it's expired (big surprise there!! definitely not one I would plan to wait 4-6 months for). They were changing their policies a bit back and forth on that in response to lawsuits, but so far as I know it's still not worth waiting for the expiration letter.

You might find this interesting, it talks about how policies have evolved lately: http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/

Do you know why your K-1 was rejected?

[msupreme2284 0]

any idea how long it takes the NVC/USCIS to get the returned petition? We have decided to refile again since getting married in india would mean I have to move there for 30 days and right now I cant (although if this fails I will have no other choice) We really want to get going again and I heard that even though or application has expired as of 8/25/2011, we still have to wait for final word from USCIS. any thing you can add will help. And if u know an easier way for us to get married outside india so we can do the CR-1 that would be amazing!!!

Sherry

You do not have to live there for 30 days if you do religious marriage (Church/ Temple) and then register your marriage with registrar. I know this via experience.

[sherryandyashpal 7]

No we did not wait. If we had waited, we would still be waiting. Our lawyer said we should wait too but I think they were just being lazy and didn't want to do anything. They said that USCIS would explain why the visa was rejected, which, as I know from VJ, is simply not true in most cases.

We had already paid him flat fee so there was no financial benefit for the lawyer to refile promptly. So why would he want to?

It can be useful to wait if you don't know why the embassy rejected you, but only if USCIS actually reviews your case and sends you information about why they plan to revoke. Which, as far as I know, doesn't happen for returned petition I-129F for a K-1 in 90% of cases - they just let you know it's expired (big surprise there!! definitely not one I would plan to wait 4-6 months for). They were changing their policies a bit back and forth on that in response to lawsuits, but so far as I know it's still not worth waiting for the expiration letter.

You might find this interesting, it talks about how policies have evolved lately: http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/

Do you know why your K-1 was rejected?

yes the CO lied and said yash did not give sufficient evidence and could not answer questions, but I know for a fact the guy was already making out the rejection while he was talking to Yash and did not look at any of the mountain of stuff yash brought with him and he denied 4 other applicants that day. So we dont have to wait.. I am so glad I will see about refiling as soon as possible.. thank you so much

scherry

You do not have to live there for 30 days if you do religious marriage (Church/ Temple) and then register your marriage with registrar. I know this via experience.

neither one of us wants to do a religious ceremony , i really appreciate the suggestion, but it would go against my beliefs so i guess that will complicate things, i thank you though!!!

[elya 17]

I would ask in your regional forum (India) for advice, too. Some of the consulates are very particular about specifics and maybe people who have gone through the same embassy will have advice about advantages of marrying first vs. refiling for K-1. If you do choose to get married and file the I-130 for CR-1 instead you do not have to do it in India, you can do it anywhere that will allow two foreigners to marry. A little wedding/honeymoon two-in-one!

Whichever petition you file you don't have to wait for the expiry notice.

[sherryandyashpal 7]

I would ask in your regional forum (India) for advice, too. Some of the consulates are very particular about specifics and maybe people who have gone through the same embassy will have advice about advantages of marrying first vs. refiling for K-1. If you do choose to get married and file the I-130 for CR-1 instead you do not have to do it in India, you can do it anywhere that will allow two foreigners to marry. A little wedding/honeymoon two-in-one!

Whichever petition you file you don't have to wait for the expiry notice.

We will look into it for sure.. I want to thank you for your help, you dont know what it means!!!

sherry

[sachinky 464]

You DO not need to be in India for 30 days prior to marriage. We got married under the Special Marriage Act (civil ceremony) and while Mr. Sachinky's signature was required on the notice of intending marriage, his presence in India wasn't.

This was in Calcutta, though.