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

By angel28 in K-1 Fiance(e) Visa Case Filing and Progress Reports

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Al and Cherry Apprentice

Al and Cherry   2

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Filed: K-1 Visa Country: Philippines
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In Oct of 2014 I received an RFE for a passport photo of myself (I am the petitioner). I knew that that I had included the correct photos from the beginning as I'm using an attorney for the process, but with that said the next day I had two more passport photos taken and went to my lawyers office. he was waiting for me and we put the photos inside an express mail envelop and together dropped it in the mail box. A week later I was notified they received my package. Two weeks later my petition was denied because according to them the photo was not sent in the package. My attorney contacted USCIS (CSC) and they then reopened our case. Just like the author on this thread they send me a message that they will get back to me by the end of December.

My option was to file a letter of withdraw an start over... I have chosen to see what will happen with the reopening. Yes I got my congressman to get involved and its funny but USCIS would give them any new information as well.

We are stuck and waiting each day for a new letter to be sent.

Has anybody else been down this road? I've read a few times here on this post to withdrawal and then get married and fine a new petition for a spouse. I'm not giving up yet...

I'm pretty upset about this issue when twice I made sure and my lawyer made sure all documents were sent.

Any hope at there? Any others been here?

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Penguin_ie
Penguin_ie

*** 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 w

Ian H.
Ian H.

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 nev

vlcrain
vlcrain

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 expir

angel28 Rookie

angel28   0

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Filed: K-1 Visa Country: Vietnam
 Timeline
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IM BACK our case is on vermont service center ,tsc forwArded our denied case in vermont service cntr. ive read on uscis page it take only 5 months is maximum for them to make decision on k1.my fiance has finger printing in their service ctr and uscis send a mail to my fiance NOIR he passed all the evidences they asked, my fiance has been married before so i dont think he made a risk to his previous marriage,he is an awa case btw misdemeanor. i think before they make decision i know they were studying veryy carefully my fiance case. theyve got the EVIDENCES last june 2015 it is EIGHT MONTHS NOW.all we wanted is for them(USCIS) to make decision on the case, i guess 8 months is long review,it is BEYOND the processing time of review on k1 application. we ask help rom congressman office in TX and they help us for inquiring on whats going on ,on our case because its beyond the procession time,. PLEASE USCIS PLEASE USCIS MAKE DECISION,our life is on hold for 3 years waiting if we could be together (my fiance and i) what were going through is not easy, more than THREE YEARS OF WAITING TO BE TOGETHER, pls STUDY awa case of my fiance he isnt convicted he isnt felony he isnt SO he is married many years before i met him and he had step daughters he raised for many years.

IS THERE ANYONE KNOWS HOW USCIS CAN MAKE A FASTER DECISION ON OUR CASE, WE ASK CONG HELP,but seems like its not enough, do we need senator's help for uscis to make faster decision.any suggestion. btw i got denied october 2013 by the consulate

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Ebunoluwa Veteran

Ebunoluwa   6,136

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Filed: AOS (apr) Country: Cyprus
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IM BACK our case is on vermont service center ,tsc forwArded our denied case in vermont service cntr. ive read on uscis page it take only 5 months is maximum for them to make decision on k1.my fiance has finger printing in their service ctr and uscis send a mail to my fiance NOIR he passed all the evidences they asked, my fiance has been married before so i dont think he made a risk to his previous marriage,he is an awa case btw misdemeanor. i think before they make decision i know they were studying veryy carefully my fiance case. theyve got the EVIDENCES last june 2015 it is EIGHT MONTHS NOW.all we wanted is for them(USCIS) to make decision on the case, i guess 8 months is long review,it is BEYOND the processing time of review on k1 application. we ask help rom congressman office in TX and they help us for inquiring on whats going on ,on our case because its beyond the procession time,. PLEASE USCIS PLEASE USCIS MAKE DECISION,our life is on hold for 3 years waiting if we could be together (my fiance and i) what were going through is not easy, more than THREE YEARS OF WAITING TO BE TOGETHER, pls STUDY awa case of my fiance he isnt convicted he isnt felony he isnt SO he is married many years before i met him and he had step daughters he raised for many years.

IS THERE ANYONE KNOWS HOW USCIS CAN MAKE A FASTER DECISION ON OUR CASE, WE ASK CONG HELP,but seems like its not enough, do we need senator's help for uscis to make faster decision.any suggestion. btw i got denied october 2013 by the consulate

Your case has been the only K1 reopened for review that I have seen in many years here, your interview has been 2 years ago so that makes it

an insanely long review and in hind sight it would have been better to marry and do a CR1. No one will now how much longer this takes

and I would request help from a senator.

Returned petitions are not a priority to USCIS but 2 years is ridiculous.

The petitioner can request that his senator make an inquiry but that is all you can do.

Your petitioner should be here in these forums asking the questions, it would be easier to understand him.

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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angel28 Rookie

angel28   0

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
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Posted

Your case has been the only K1 reopened for review that I have seen in many years here, your interview has been 2 years ago so that makes it

an insanely long review and in hind sight it would have been better to marry and do a CR1. No one will now how much longer this takes

and I would request help from a senator.

Returned petitions are not a priority to USCIS but 2 years is ridiculous.

The petitioner can request that his senator make an inquiry but that is all you can do.

Your petitioner should be here in these forums asking the questions, it would be easier to understand him.

i have been denied october 2013 , reopen may 2015 almost one year of waiting , i guess CR1 will not solve problem,if ever USCIS read this PLEASE DO AMKE DECISION WHETHER APPROVE OR NOT, WE WANTED TO MOVE ON WITH OURLIVES. JUST DECIDE ON OUR CASE, WHATEVER IT IS WE WILL ACCEPT,

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angel28 Rookie

angel28   0

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Filed: K-1 Visa Country: Vietnam
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MY PETITIONER ASK HELP FROM CONGRESSMAN BUT WHAT THEY SAY THEY WERE REVIEWING THE CASE.THATS THE ONLY ANSWER WEVE GOT, TO USCIS; PLEASE DO MAKE DECISION ITS BEEN THREEE LONG YEARS WE ARE WAITING FOR THIS IF YOU WILL DENIED,JUST DENIED IT,SO WE CAN ALL GO ON WITH OURLIVES

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

Petitioner's senator/congressman can make an inquiry every 2 months to follow your status. Nothing else you can do now except the usual

service requests.

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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TBoneTX Grand Master

TBoneTX   43,048

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread is moved from the K-1 Process forum to the K-1 Case Progress subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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