Revoked k-1 reaffirmed but got married

[PAK&US 0]

We filed for k-1 petition my fiance had his interview.and embassy told us they are revoking our petition sending it back to uscis with recommended of revocation. Some people told us uscis don't reaffirm k-1 petition they sit on it for 160 days and let it to be expire. So we didn't want to take that chance wait 4 months in the end zero outcome this way we could have saved time and meanwhile file for i-130 uscis received our petition and within a week they reaffirmed our case so fast and sent it back to nvc. Now problem is we got married already and now pretty much confused what to do now .can we request embassy to issue us a different visa either go for interview and tell the counselor truth with all wedding proofs. Or email them and let them know and file for cr1 please advice what to do on this thank you.

[catknit 144]

Your marriage cancelled your ability to use the K1 petition.

It is EXCEEDINGLY rare to get a K1 reaffirmation. I think this is the first one I've seen on vj in 3 years.

Please look at the silver lining of your scenario -

#1 - You are already married.

#2 - Your K1 petition was reaffirmed, this holds weight with respect to the validity of your relationship

#3 - Because you filed for the CR-1, there will be no need to adjust status once arriving in the US. This will save time and money as well as allow you to immediately look for work or travel. You will get your green card in weeks instead of months. Also, you avoid the need to possibly sit for another interview here in the US.

You made the best decision with the information you had at the time. Continue with your current CR1 path, there is no other choice at this time.

Best of Luck!

[nickbits 43]

Anything you did for the K1 is useless now that you're married.

[Xanax 349]

Anything you did for the K1 is useless now that you're married.

:thumbs:

[EAbbas 213]

The only thing the embassy will do now is deny your k1 and tell you to file cr1

[PAK&US 0]

Well what matters for me is the most that i want to be with my wife i totally understand that i can work right away and get my green card in a week. Honestly speaking i don't care of it at all i just don't wanna be apart its the most difficult thing.i wanted a solution if embassy could give me an alternative choice to have a visa without filing cr-1 i had plenty of proof being reaffirmed in a week tells me there is no mistake in my petition. Counselor just for nothing wasted my time money and stress i waited one year and now i don't know how long more is there any other way anyone can tell me to get approved without filing new petition thanks.

[Anh map 2,098]

Write to NVC and the Embassy/Consulate to revoke the K1 petition. Then start the CR1 petition process.

[bigdog 376]

It is just a small delay, but will save time and money on the back end.

[JimVaPhuong 4,863]

Your petition was never really revoked. The consular officer doesn't have the authority to do that. They can only recommend that the approval of the petition be revoked, but it's up to USCIS to make that decision. I don't know what the actual statistics are, but it's not really that unusual for a petition to be reaffirmed without the petitioner having to respond to a NOIR from USCIS. The adjudicator who received the petition from the consulate probably took a look at the consular officer's accusations, concluded they were BS, and reaffirmed it.

Obviously, you can't pursue the reaffirmed K1 because you've gotten married. You can either ignore it or withdraw it. If you ignore it then the consulate will probably send a packet 3 to the beneficiary. Don't respond to the packet 3 and the petition will eventually expire and be returned to USCIS. A better approach would be for the petitioner to withdraw the petition, explaining that they've married and filed an I-130. A simple letter, signed by the petitioner, is usually sufficient for this. Send the letter to NVC. If the petition ends up being forwarded to the consulate before NVC receives the withdrawal letter then send another letter to the consulate.

[PAK&US 0]

but my petition was reaffirmed in a week and shipped promptly to NVC which would be the most rare case i have never heard or seen a petition which is being approved within a week because uscis needs 160 days to review the petition. looks like nothing was wrong with my petition likely a minor error which CO could have ignore it and approve me visa we have already written an email to consulate but haven't written to NVC since my case is still on the way to NVC. so should i also email to NVC. do you think my reaffirm K-1 can help my CR1 go smoothly and if i expedite for CR1

[catknit 144]

So, if I got this straight - you were denied at your interview on day X and 10 days later USCIS reaffirmed the case? Between the date of the reaffirmation and the day you got the notice that it was re-affirmed, your fiancee traveled to Pakistan and married you? You didn't wait for any follow up information from VSC? Did you call to see what they were doing with your case? I know all of this is water under the bridge - but it sounds like you really kicked it into high gear as soon as you were denied.

A time line would be helpful to see what all went down for those who may end up in the same boat.

I know with our reaffirmation, we didn't get a NOIR/NOID, we were just reaffirmed about 5.5 months later. I received the new NOA2 out of the blue one day. I had other friends in the same boat with VSC who heard absolutely nothing ever again, no notices, no revocation paperwork, nothing. Those from CSC typically would get an expiration letter. I later learned of 1 other person with the same consulate who did get a reaffirmation the same week we did. Since then, at least with the portals I usually check [MENA and India] I haven't seen another K1 reaffirmation come thru since [about 3 years].

I would think the reaffirmed petition would help if questions about the validity of your relationship were raised the first go around. Otherwise, I would be curious about the reason for the denial and what the CO chose not to see....

[canadian_wife 1,823]

but my petition was reaffirmed in a week and shipped promptly to NVC which would be the most rare case i have never heard or seen a petition which is being approved within a week because uscis needs 160 days to review the petition. looks like nothing was wrong with my petition likely a minor error which CO could have ignore it and approve me visa we have already written an email to consulate but haven't written to NVC since my case is still on the way to NVC. so should i also email to NVC. do you think my reaffirm K-1 can help my CR1 go smoothly and if i expedite for CR1

Umm....how do you qualify for an expedite? It cannot be USCIS error since they didn't so anything wrong, and it can't be the CR-1 because YOU decided to file it, and it can't be the K-1 because you don't qualify for it

Good luck

[PAK&US 0]

I was never denied at interview i had my interview in nov 2011 i had my fiancee with me we both were asked question by CO . Our interview was done in 5 min after the interview co gave me a 221g white slip which says Ap with joint sponsor tax paper. After two weeks of time i got a call from embassy they asked for my wife bank statement who petitioned me cos me and wife met 6 times during 3 years of relation in london dubai thailand and three times in pakistan co never had doubt in our relationship we showed more than enough proofs. When i sent those papers to embassy aftet 45 days embassy emailed me they are sending my case back to usci with the recommanded o revocation it happened aftet reviewing my papers. My wife contacted her senator they made inquiry to embassy . So the embassy responded that the info co received from me uscis was unaware of it thats what the embassy responded to congressional inquiry nothing else. And after one month they emailed me again they sent my case to another co for review they will tell me about further process. And then on april 23rd when i called the embassy they said they sent my case back today to nvc and nvc received it in MAY. And end of MAY nvc forwarded it to uscis. And uscis reaffirmed it on june7 and sent it back to nvc and thats the whole story with my visa process im sure you guys might have deemed .

[Darnell 8,478]

Well what matters for me is the most that i want to be with my wife i totally understand that i can work right away and get my green card in a week. Honestly speaking i don't care of it at all i just don't wanna be apart its the most difficult thing.i wanted a solution if embassy could give me an alternative choice to have a visa without filing cr-1 i had plenty of proof being reaffirmed in a week tells me there is no mistake in my petition. Counselor just for nothing wasted my time money and stress i waited one year and now i don't know how long more is there any other way anyone can tell me to get approved without filing new petition thanks.

You are married.

The K-1 path (or this alternative visa that you allude to) is unavailable to you now. Must to get busy, file I-130 petition nowish.

[JimVaPhuong 4,863]

but my petition was reaffirmed in a week and shipped promptly to NVC which would be the most rare case i have never heard or seen a petition which is being approved within a week because uscis needs 160 days to review the petition. looks like nothing was wrong with my petition likely a minor error which CO could have ignore it and approve me visa we have already written an email to consulate but haven't written to NVC since my case is still on the way to NVC. so should i also email to NVC. do you think my reaffirm K-1 can help my CR1 go smoothly and if i expedite for CR1

In all likelihood, the consulate probably saw something in the original petition package that caused them to conclude that some fundamental requirement for the petition had not been met. USCIS took one look at the petition and concluded the consulate was wrong.

They don't require 160 days to review the petition. When they state a timeframe for reviewing a petition they are essentially telling you to leave them alone for that period of time, and if you contact them before that period of time has expired then they're not going to tell you anything more than to continue waiting.

It no longer matters what the issue was with the K1 petition. You've married. Send a withdrawal letter and allow the K1 petition to go away.