K1 visa denied. Questions regarding refiling for the same beneficiary.

[orangeblossom 0]

I am the petitioner and would like to re-file the K1 visa sometime next month.The embassy in Cambodia already returned my petition to USCIS under section 221g. The CO believed our relationship is not genuine. It's been 4 months since the interview and so far I haven't heard anything from USCIS. I checked my case status online and it says USCIS is currently reviewing our case and will send us a mail after reviewing it. Do I have to wait for a letter from USCIS in order to re-file or can I re-file now? I have not withdraw my petition. How do I withdraw my petition and re-file for the same beneficiary? Can I send in a notarized withdrawal letter along with the re-file I-139f application. Or do I have to submit the letter and the I-139f application separately?

[Ebunoluwa 6,136]

I am the petitioner and would like to re-file the K1 visa sometime next month.The embassy in Cambodia already returned my petition to USCIS under section 221g. The CO believed our relationship is not genuine. It's been 4 months since the interview and so far I haven't heard anything from USCIS. I checked my case status online and it says USCIS is currently reviewing our case and will send us a mail after reviewing it. Do I have to wait for a letter from USCIS in order to re-file or can I re-file now? I have not withdraw my petition. How do I withdraw my petition and re-file for the same beneficiary? Can I send in a notarized withdrawal letter along with the re-file I-139f application. Or do I have to submit the letter and the I-139f application separately?

1. Your petition will be purposely allowed to expire, it will not be reviewed even though it says so on the case status.

2. You do not have to withdraw this petition, it will die the death of expiration if it hasn't already.

3. You can re file at any time or you can marry and file a CR1.

4. Research front loading and make sure you have a well rounded quality package with evidence showing your relationship from

day one to current and photos showing your trips to visit.

Real face time is important, get another visit in and be on the premises for the next interview.

[orangeblossom 0]

Thank you. How do I know if my petition expire? Does it say on the NOA2? I'll be visiting my fiancé in 2 weeks. Going to be my 4th trip since my 1st visit in March 2014. That's 4 visits in less than 19 months. I will definitely front load my application again with mountain of evidences when I refile.

[Ebunoluwa 6,136]

Long story. Short version : ALL k1's that have been returned 'for review' are expired as opposed to returned CR/IR visas that do get reviewed.

This is due to a law suit years ago to avoid a PC6 hard marker on the records that couples had to deal with due to revoked I-129 petitions.

Feel free to do a VJ search of returned K1's to read thread upon thread with more information.

If you have any more specific questions feel free to ask.

[orangeblossom 0]

What is PC6 hard marker? I tried googling info on this but couldn't find any. Thank you for answering all my questions. I really appreciate it.

[NigeriaorBust 4,087]

It turns the suspicion of an invalid relationship into a finding of fraud which then means if you repetition you get hit with the need for a waiver to overcome the fraud that may never have existed.

[orangeblossom 0]

I see. That sounds scary. I'm going to read up on returned visa cases and tips on refiling and 2nd interviews.

We would love to start a family soon. Unfortunately that's going to happen anytime soon. Everything is put on hold for now because the CO did not believe us. I pray everyday hoping my fiancé and I pass our 2nd interview. Thank you guys for answering all my questions.

[glenmar 34]

I had filed a second petition for the same fiancé and it worked out ok. My first petition was not yet approved so I wrote a letter to the USCIS and had it cancelled. I filed the second petition before the first one was cancelled. For a short period of time I had two i129 petitions existing with USCIS ( for the same fiancé ) at the same time. Remember to consider to include an IMBRA waiver for filing limitations since you may want to re-file right away. In addition to front loading your petition also be sure to attend your fiancé interview. I attended my fiancé interview and it was a very good experience. The CO only asked us 2 or 3 questions.

glenmar

[Adil & Jeanne 296]

when you do in 2 weeks, why not marry

apply for the CR 1 spouse

'

if you do this, you should send letter saying i am withdrawing my K 1 application in lieu of applying for CR 1 as now we are married Even as others say it will expire, you should not have 2 applicaitons out there at the same time. i sent a simple letter in to the USCIS office stating this / doesn't hurt

[WandY 430]

Cambodia is rife with fraud, specifically the sexual and economic exploitation of young women. I've worked there and can attest to the need for severe screening by immigration officials. You are likely a victim of the recent crackdown on K-1 visas and foreign marriages. I don't know your respective ages, but the greater the difference, the tougher it will be for you. Cambodia allegedly passed a law prohibiting the marriage of women to any foreign male over the age of 50. I've heard that some Cambodian women are circumventing the law by crossing borders - not sure how this works, but that's an interesting angle. Be overwhelming with evidence (photos, travel together, meeting family, etc.) and don't give up. I love Cambodia and hope the best for you.

[orangeblossom 0]

I'm a 34 year old female petitioner and my fiancé, beneficiary is 38. I did attended the interview with my fiancé in May. They gave us a stoke interview. Long story short- we failed! I did my front loaded my application and surprisingly we got interviewed within 3.5 months from the time I filed. I think front loading really helps speed up the process. I will turn in the same evidence and add some new evidence from my upcoming trip when I refile next month.

During the interview I was already going on my 3rd trip visiting my fiancé. This coming October will be my 4th trip total since the first time I visited him in March 2014. I basically visit him once every 6 month.

It's a long process to get married in Cambodia or else we would've gone that route. We need to get permission from the Ministry of Foreign Affair and the US embassy in order to get married there. The average wait time is over 1 month for approval. I need to stay there for 1 month to process all this and I don't have any personal leave to take 1 month off from work.

[orangeblossom 0]

My fiancé and I had already decided that if we fail our 2nd interview we will get married in Dec 2016. I'm able to take 1 month off from work to process the paperwork during that time. For now we're going to just refile and see what happen. I contacted another member on a different forum telling me to wait to hear from USCIS before I withdraw my petition. He said a couple contacted him saying that USCIS contacted them after a denied interview. USCIS didn't believe the CO and is sending back the petition for the couple to have a 2nd interview. During that time they had already married. Things got complicated having 2 cases open and they did not get to attend the 2nd interview.

When I checked the status of my case as of today it said that USCIS received my case. They're in the process of reviewing it and will mail us their decision after reviewing. Status updated Aug 26, 2015. Our interview was the end of May 2015. It's been 4 going on 5 months waiting to hear from them. If I don't hear anything back by the end of October I am going it withdraw my petition and refile.

Edited September 26, 2015 by orangeblossom

[Ebunoluwa 6,136]

My fiancé and I had already decided that if we fail our 2nd interview we will get married in Dec 2016. I'm able to take 1 month off from work to process the paperwork during that time. For now we're going to just refile and see what happen. I contacted another member on a different forum telling me to wait to hear from USCIS before I withdraw my petition. He said a couple contacted him saying that USCIS contacted them after a denied interview. USCIS didn't believe the CO and is sending back the petition for the couple to have a 2nd interview. During that time they had already married. Things got complicated having 2 cases open and they did not get to attend the 2nd interview.

When I checked the status of my case as of today it said that USCIS received my case. They're in the process of reviewing it and will mail us their decision after reviewing. Status updated Aug 26, 2015. Our interview was the end of May 2015. It's been 4 going on 5 months waiting to hear from them. If I don't hear anything back by the end of October I am going it withdraw my petition and refile.

CR/IR's get reviewed but K1's will never get reviewed as I stated.

Things get only complicated when a K1 is still active at the embassy and a CR1 has also been filed and is ready for interview.

Your petition has expired, it will NOT be reviewed and you will receive a USCIS letter telling you that after a total of 6 months.

Had the couple attended their 2. K1 interview they would have likely been approved but they married and that rendered it void.

Your status says review but believe me they are not in process of reviewing it but it sits in storage until expired.

You don't have to withdraw the K1. It's dead, expired and there is nothing to withdraw.

[orangeblossom 0]

Ebunoluwa: I thought so too. USCIS is going to let the returned K1 petition collect dust. First thing first I'm going to withdraw my petition anyway just in case. I'll refile when I return from my trip. There will be mountain of evidences to prove that we have a bonafide relationship.

[NikaMo 39]

when you do in 2 weeks, why not marry

apply for the CR 1 spouse

'

if you do this, you should send letter saying i am withdrawing my K 1 application in lieu of applying for CR 1 as now we are married Even as others say it will expire, you should not have 2 applicaitons out there at the same time. i sent a simple letter in to the USCIS office stating this / doesn't hurt

To get married in Cambodia is harder then actual visa process. Takes over a month the whole process. Have to go through a grueling government process which includes lot of bribery and petitioner has to be present whole time. I went through the process back in 2012. If you can go through that process visa process is very easy compared to that