Reapplying for a K-1 Visa

[JFitz 0]

I received a letter today from the USCIS that our visa application had expired and that I could re-file the I-129 and pay the applicable fees. Does this mean we have to start at the beginning of the process in regards to all the papers we filed the first time or will the papers, pictures, evidence of time together still be used?

Thanks in advance for any answers that might help.

[Kathryn41 3,207]

Topic has been moved from the CR-1 forum to the K-1 Visa Case Filing and Progress Reports forum as the discussion is more appropriate for this forum

[Pinkrlion 2,725]

I received a letter today from the USCIS that our visa application had expired and that I could re-file the I-129 and pay the applicable fees. Does this mean we have to start at the beginning of the process in regards to all the papers we filed the first time or will the papers, pictures, evidence of time together still be used?

Thanks in advance for any answers that might help.

Yes, you are filing all over again from scratch.

[JFitz 0]

What happens to all of the papers we filed the first time? We never got any of them back from the embassy.

[karola 2]

why do you have to start all over?

[JFitz 0]

the application expired after 4 months

[NigeriaorBust 4,096]

You start all over however you need to talk about the first petition and overcome why they sent it back. If you didn't request your originals back they are in some box in some storage room at USCIS

[MrsFrida 2]

Sorry about it. It makes me super nervous about my application. What about us - August filers who are waiting for noa2? Do our petitions expire at some point if we have been waiting for noa2 for a long time? How does it work?

[karola 2]

why was it expired? did you get the noa2 and you couldnt make to the embassy for some reason?

[Andie 147]

How did it expire after only 4 months? Because you're meeting was more than 2 years ago or...?

[Penguin_ie 6,005]

How did it expire after only 4 months? Because you're meeting was more than 2 years ago or...?

The meeting requirement is from when you file, it doesn;t matter after.

OP- to advice you fully we need to know more details. Normally if you are waiting for an interview date, the embassy extends the validity automatically. Why did they not in your case? Or were you denied at interview? Where is the petition now, did they say they would send it back to USCIS and that is where it expired?

**** Moving from K1 Progress Report to K1 Process ****

Edited March 26, 2013 by Penguin_ie

[Penguin_ie 6,005]

See http://www.visajourn...refused-k1-why/ for some back story

OP- did you ever get a letter or anything to state why the visa was refused? Was there any red flags in your case, anything your fiance could not answer in the interview? Was she petitioned before? Did you keep in touch with USCIS after your case was sent back?

Edited March 26, 2013 by Penguin_ie

[JFitz 0]

Her visa was denied for reasons I won't detail here, but it has to do with her CENOMAR. She went thru the entire process with no issues, we filed in March 2011, medical and interview was in the fall of 2011 and then waited from October after her interview until January for an answer which was denied. We know what the issue was for the denial and are in the process of fixing it so we can reapply soon. My questions are "do we start from scratch?" and "where are my original papers we filed for the first I-129?" I have tax forms in the original papers and don't want my personal info floating around somewhere. I have copies of the first submission, so I am not concerned about what we need to complete the application again.

[Penguin_ie 6,005]

Yes, re-file, but only once you have sorted whatever the CENOMAR issue was. Don;t take any short cuts (I know in some countries you can pay to get things done quick/ get papers produced...), because the previous K1 and whatever the problem was is on file with USCIS and they will double check whatever you submit the second time.

Your papers are in a file in a warehouse somewhere. They are safe (I have never heard of a case where a USCIS/ embassy officer committed identity fraud), but you are not going to get them back; they will most likely look at the file again once you re-file though. You will need new copies for the new filing.

[JFitz 0]

Thank you.