i129f denied but reaffirmed

[Texas2010 0]

Hello, I applied for a fiance visa in Aug 16 2010 received an approval from USCIS in Feb 2011 scheduled for an interview for May 20 2011. We gathered all supporting information and then by May 1 2011 we wanted to confirm our interview date and the CO stated that the interview date has changed due to construction at the Lagos Nigeria consulate and that our new interview date is May 5 2011 10am which was cool but once my fiance went to the consulate which he was their by 7am he was told that they didn't see him on the list for him to come back at 10am. Once he came back they told him he need to reschedule cause he is still not on the list and interviewing times start a 7am. My fiance then email the embassy letting them know the mistake that was made on their behalf and the consulate wouldn't admit they made a mistake and just advised my fiance that he need to reschedule the interview. Now the new interview was schedule in July, he went to the interview and was denied for " we think this relationship is for immigration purposes only". They returned the petition to DOS and it was received in October 2011. We hired an attorney who sent a response to the consulate and USCIS. I called USCIS several times finally in June 2012 we received a letter stating that the fiance visa has expired and we are free to refile. I visited Nigeria in July and went to the consulate to speak with and officer and I got in and met with an officer who advised me to get married and file a marriage visa cause the fiance visas usually get denied fast and just expire because they receive so many fiance visas that are fraud. So my fiance and I got married in July 2012. We then filed a marriage visa and sent it off in Aug 2012. It is now Nov 2012 and we receive a notice to that our fiance visa was reaffirmed which I feel is odd because the said the visa had expired and closed. We currently have the marriage petition in place so my question is.

Do we notify USCIS or the consulate that we need to withdraw from the fiance visa?

[canadian_wife 1,831]

I would notify USCIS to prevent confusion as you pursure your Cr1 visa

Good luck

[Texas2010 0]

I would notify USCIS to prevent confusion as you pursure your Cr1 visa

Good luck

[Texas2010 0]

Thanks for your response and input. Funny thing is, I have an attorney and I asked them the same question and they said no action is require by me since i am currently in the process of an marriage visa. Hmmmmm, in my mind I was thinking that either the consulate or uscis need to be aware that the fiance visa is no longer being pursued.

Edited November 7, 2012 by Texas2010

[arabianprincess 5]

I had the same issue where my fiance visa was denied so we got married and applied for a marriage visa and my lawyer said I dont have to withdraw my old case but DOS told me I need to

[Texas2010 0]

I had the same issue where my fiance visa was denied so we got married and applied for a marriage visa and my lawyer said I dont have to withdraw my old case but DOS told me I need to

How did you do it? Did you just inform the Consulate after they invited your fiance for and interview on the fiance visa or did you call USCIS and with draw it?

[Ryan H 3,925]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,930]

Hello, I applied for a fiance visa in Aug 16 2010 received an approval from USCIS in Feb 2011 scheduled for an interview for May 20 2011. We gathered all supporting information and then by May 1 2011 we wanted to confirm our interview date and the CO stated that the interview date has changed due to construction at the Lagos Nigeria consulate and that our new interview date is May 5 2011 10am which was cool but once my fiance went to the consulate which he was their by 7am he was told that they didn't see him on the list for him to come back at 10am. Once he came back they told him he need to reschedule cause he is still not on the list and interviewing times start a 7am. My fiance then email the embassy letting them know the mistake that was made on their behalf and the consulate wouldn't admit they made a mistake and just advised my fiance that he need to reschedule the interview. Now the new interview was schedule in July, he went to the interview and was denied for " we think this relationship is for immigration purposes only". They returned the petition to DOS and it was received in October 2011. We hired an attorney who sent a response to the consulate and USCIS. I called USCIS several times finally in June 2012 we received a letter stating that the fiance visa has expired and we are free to refile. I visited Nigeria in July and went to the consulate to speak with and officer and I got in and met with an officer who advised me to get married and file a marriage visa cause the fiance visas usually get denied fast and just expire because they receive so many fiance visas that are fraud. So my fiance and I got married in July 2012. We then filed a marriage visa and sent it off in Aug 2012. It is now Nov 2012 and we receive a notice to that our fiance visa was reaffirmed which I feel is odd because the said the visa had expired and closed. We currently have the marriage petition in place so my question is.

Do we notify USCIS or the consulate that we need to withdraw from the fiance visa?

Yes. Please change your profile to reflect CR1 visa, not K3. K3 is obsolete. If you file an I-130 that will result in a CR1 visa application.

Please be aware that what expired was not a visa but a petition for fiance. Since you are married, a fiance visa petition is of no use to you whatsoever. When your I-130 PETITION is approved, your spouse will APPLY FOR a CR1 visa.