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Denied and sent back to USCIS- repoened May 2014- help? (split)

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Filed: K-1 Visa Country: Vietnam
Timeline

ive been denied in an interview,our case bring back to USCIS and USCIS send mail to my fiance in us that our case has been reopen May 2014, is there someone who had same case who can aswer how log will it take before they (uscis) make decision

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Filed: Citizen (apr) Country: Ireland
Timeline

*** split from unrelated post in AOS forum and moved to K1 forum. Please alwasy start your own thread for your own questions. *****

It is unusual that USCIS re-opens the case, which service center was it sent to?

Why were you initially denied?

What has happend since May 2014? Your case should be almost at interview stage again by now...


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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I heard they generally don't reaffirm K1 petitions, and when they do, they take forever. We were advised by an attorney to get married when we were denied the K1, and that's exactly what we did. I never even withdrew the original K1 petition, but I did mention it on the I-130. You have three options, wait for them to reaffirm, file another K1 petition, or get married and file for a spouse visa.


This does not constitute legal advice.

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Filed: K-1 Visa Country: Vietnam
Timeline

I heard they generally don't reaffirm K1 petitions, and when they do, they take forever. We were advised by an attorney to get married when we were denied the K1, and that's exactly what we did. I never even withdrew the original K1 petition, but I did mention it on the I-130. You have three options, wait for them to reaffirm, file another K1 petition, or get married and file for a spouse visa.

this is what it says: post decision activity thenOn May __ 2014, we mailed you a notice informing you that your I129F, PETITION FOR FIANCE(E), was reopened. If you have not received the notice within 30 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

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Filed: K-1 Visa Country: Vietnam
Timeline

this is what it says: post decision activity thenOn May __ 2014, we mailed you a notice informing you that your I129F, PETITION FOR FIANCE(E), was reopened. If you have not received the notice within 30 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

HOW IS THAT? it says in all blogs ive read you need to widraw k1 in case you will apply another type of visa?

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Filed: K-1 Visa Country: Vietnam
Timeline

*** split from unrelated post in AOS forum and moved to K1 forum. Please alwasy start your own thread for your own questions. *****

It is unusual that USCIS re-opens the case, which service center was it sent to?

Why were you initially denied?

What has happend since May 2014? Your case should be almost at interview stage again by now..sent back to uscis

texas service center, since may we never heard any answer from them. i check status i USCIS homepage it just says post decision activity, and syaig they reopen case last may 2014, its been very hard being long distance,but we are being strong ,i know God has a plan for us, my love for him is stronger than these problem we are encountering,we thought we will hav xmas together but its been 2 xmas we arent together ,2 bdays,please uscis make a decision so we can start life pls,we arent getting nay younger anymore, all we want to start life asimple family life,

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Filed: K-1 Visa Country: Vietnam
Timeline

I heard they generally don't reaffirm K1 petitions, and when they do, they take forever. We were advised by an attorney to get married when we were denied the K1, and that's exactly what we did. I never even withdrew the original K1 petition, but I did mention it on the I-130. You have three options, wait for them to reaffirm, file another K1 petition, or get married and file for a spouse visa.

if we will get married what are we gonna do with te k1 petition which its in USCIS now they were reviewing case, i also heard if they review it will take longer, i got deny during my interview and embassy bring back the case to uscis this year then on may 2014 uscis reopen case, i just wanna know how long will it takes for them to make decision,what are we gonna do? are we going to wait,widraw and file another k1 or get married file spousal visa,pls help,i am so confused ,ALL we wnated to start life and our life in freeze for 2 yrs now waiting for us to be together

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I'm not entirely sure, we figured the same thing, which is why we consulted an immigration attorney, several actually. They all advised us that we should get married and file the I-130. I don't know if we just got lucky, but we were never questioned about the previous K1, other than mentioning it on the I-130.

HOW IS THAT? it says in all blogs ive read you need to widraw k1 in case you will apply another type of visa?


This does not constitute legal advice.

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I guess to be on the safe side, you can withdraw the K1 and state the reason because you will be get married and file for spouse visa. Then, once that's done you can go ahead and get married and file the I-130. Keep in mind that you have to overcome the reasons for the first denial. Therefore, you have to gather more evidence of the bona fides of your relationship. We were able to overcome the denial with additional evidence and because I attended the interview. In my country the petitioner is typically required to be present.

if we will get married what are we gonna do with te k1 petition which its in USCIS now they were reviewing case, i also heard if they review it will take longer, i got deny during my interview and embassy bring back the case to uscis this year then on may 2014 uscis reopen case, i just wanna know how long will it takes for them to make decision,what are we gonna do? are we going to wait,widraw and file another k1 or get married file spousal visa,pls help,i am so confused ,ALL we wnated to start life and our life in freeze for 2 yrs now waiting for us to be together

Edited by Ian H.

This does not constitute legal advice.

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Filed: K-1 Visa Country: Netherlands
Timeline

ive been denied in an interview,our case bring back to USCIS and USCIS send mail to my fiance in us that our case has been reopen May 2014, is there someone who had same case who can aswer how log will it take before they (uscis) make decision

Hmm, sorry to hear that!

Well, since you have received notice from the USCIS that they *did* reopen the case file, that is "some" good news,

because very often, they will not do that, and just let the petition expire. So, in a way, you can still hope!

TSC (Texas) is slow, however, and very much backed up, so it will take time. I would expect Dec-Jan or so.

Why did they deny you after your interview? That "problem" should also be resolved before going to an

interview again!


SEP-1994 First met! 12-16-14 POE PHILADELPHIA

05-25-14 Engaged (what took us so looooong!!!?) 12-19-14 MARRIAGE (SIMPLE)

06-19-14 I-129F packet sent to Lewisville Lockbox (USPS overnight) 01-05-15 I-485 (AOS/EAD/AP) package mailed out

06-20-14 USPS messed up, and had to re-route! 01-12-15 NOA text/email received for AOS/EAD/AP

06-23-14 I-129F packet received at Lockbox 02-03-15 Biometrics (Indianapolis)

06-23-14 NOA1 Notice Date (routed to CSC, yay!) 04-07-15 EAD and AP approved, card ordered

06-25-14 NOA1 text/email received 04-14-15 EAD/AP Combo Card received by certified mail.

06-26-14 Check Cashed 06-15-15 Received letter about interview waiver. 6mo to go!

06-27-14 Alien Registration Number changed 08-06-15 Welcome Notice mailed, permanent status registered.

06-30-14 NOA1 hardcopy received 08-14-15 Green Card mailed to me.

09-24-14 NOA2 text/email received *APPROVED* 08-18-15 Green Card (which is green!) in hand!!

09-28-14 NOA2 hardcopy received

10-15-14 NVC received 05-17-17 Time to start ROC !

10-16-14 NVC case number assigned

10-21-14 NVC left (to Amsterdam Consulate)

10-23-14 Consulate Received

10-25-14 PACKET-3 Received (regular mail)

10-25-14 Online DS-160 submitted **** I am the Beneficiary (Fred) ****

10-27-14 Sent reply to Consulate (arrives 10-28)

10-29-14 Touched *** If you have questions about the K-1 journey coming

11-01-14 PACKET-4 Received (regular mail) *** from The Netherlands, send me a message !

11-26-14 MEDICAL *PASSED*

12-04-14 INTERVIEW *APPROVED*

12-06-14 Touched (Administrative Processing)

12-08-14 Touched (Ready)

12-09-14 Touched (Issued)

12-10-14 Received email that package was sent off

12-11-14 VISA IN HAND

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

We has the same issue with ours. I did not withdrawal our k1. We got married and I filed a cr1. About a month after I filed the new petition, I received a letter stating that our k1 petition had expired, and no further action would be taken.

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Filed: AOS (apr) Country: Cyprus
Timeline

if we will get married what are we gonna do with te k1 petition which its in USCIS now they were reviewing case, i also heard if they review it will take longer, i got deny during my interview and embassy bring back the case to uscis this year then on may 2014 uscis reopen case, i just wanna know how long will it takes for them to make decision,what are we gonna do? are we going to wait,widraw and file another k1 or get married file spousal visa,pls help,i am so confused ,ALL we wnated to start life and our life in freeze for 2 yrs now waiting for us to be together

Hold on here !

Don't do anything for now.

If you withdraw the petition and get married your current petition will be void and you have to start all over from the beginning with a

CR1 which take a very long time currently. That would not be a good idea.

I have not seen a returned K1 get reaffirmed or "reopened" in many years here and am surprised that TSC is reviewing it.

Until you know for sure they are really reviewing it and it was not a newbie's glitch that you received that notification, sit tight !

Question to clarify : Did an attorney file a motion to reopen it or something like that ? Or you just received this notification out of the clear blue ?

Vermont center used to do some K1 reaffirmations years ago, CSC stopped and now we will see if there have been changes with TSC.

Please post here if you get reaffirmed as it will be very important to give advice to those with future returned K1 petitions at TSC and I for one

definitely want to stay on top of it.

If after a month you have not heard anything, contact a senator to do an inquiry on your status for you. If you do an inquiry yourself

then ask for a tier 2 immigration officer, not the person answering the phone that will read a script or screen and doesn't know what's up.

IF they will not reaffirm it and let it expire then and only then would it be in your best interest to marry and file a CR1.

In that case it is expired and you do not have to "withdraw" the petition and can just marry and file again.

If you marry now you can blow a chance of being reaffirmed in 1-4 months or so. Why would you want to do that and add 12-18 months

with a re file ? So the important thing is to get a tier2 on the line or have a senatorial inquiry to clarify and verify what exactly is going

on with your case for sure. Notification glitches happen and I hope it wasn't a glitch.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Vietnam
Timeline

I'm not entirely sure, we figured the same thing, which is why we consulted an immigration attorney, several actually. They all advised us that we should get married and file the I-130. I don't know if we just got lucky, but we were never questioned about the previous K1, other than mentioning it on the I-130.

you mean you never widraw your k1 application before you file spousal visa

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