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Lhommepi

4 months in AP- can I file again? (split and merge)

By Lhommepi in K-1 Fiance(e) Visa Process & Procedures

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Lhommepi Apprentice

Lhommepi   0

Posted
Filed: K-1 Visa Country: Senegal
 Timeline
Posted (edited)

Hello everybody i have a doubt abt my visa k1 application ..i was denied recently and the consular said my petition will be send back to uscis and since now 4 months i didnt hear from them but when i check my visa status online it was said:ADMINISTRATIVE PROCESSING ..what does it mean..? How long this will take ? Can we reaplied as we know this is already denied and my petition is expired..plz need help for clearance..

Edited by Penguin_ie
Ben&Zian Experienced

Ben&Zian   4,398

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

Your petition will be returned to USCIS, at that point it can take 6 months about before you get an official notice that the petition has finally expired.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

What was the reason for your denial?

 

If you reapply you will likely be denied again unless you overcome the reason why you were denied in the first place.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

It is best to wait for the reason for denial. It will take some time but it will be sent to you. You could be denied a spousal visa for the same reason you were denied a fiance visa. Did you have any red flags in your case?

 

A spousal visa takes 1 year.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Lhommepi Apprentice

Lhommepi   0

Posted
Filed: K-1 Visa Country: Senegal
 Timeline
  • Author
Posted
14 minutes ago, NuestraUnion said:

It is best to wait for the reason for denial. It will take some time but it will be sent to you. You could be denied a spousal visa for the same reason you were denied a fiance visa. Did you have any red flags in your case?

 

A spousal visa takes 1 year.

Red flag ? Where i supposed to see it? It s just when i check on my visa status online ,it s mentionned : Administrative Processing..

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Red flags are anything suspicious with a case. 

 

Fro example: if a beneficiary has had many previous petitions file for them by an American, or if there is a large age difference which isn't culturally normal, or if there is criminal or fraudulent history. Those are considered red flags.

 

If there are red flags in a case, a counselor can deny it due to the safety reasons or the CO doesn't believe the relationship is genuine.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Roel Experienced

Roel   7,192

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

Read again what @NuestraUnion wrote and ask yourself if your relationship has any of those warning signs. 

 

 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted
5 hours ago, Lhommepi said:

Hello i have been denied of visa fiancee the last february ..when i checked my visa status ,it is eaying on Administrative Processing , how long it will take for tht ,i already waiting for now 4 months ..can i reapply now a new one k1 or spouse visa..? Tx

If your K1 visa has been refused and returned to USCIS then it will be expired and not reviewed. 

Yes, you can file again whenever you want to. Overcome the reason for refusal or you will be denied again. I suggest a CR1 and lots of visits. What did the 221g paper say as ? 

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.

 

Elsalove2016 Enthusiast

Elsalove2016   34

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

from what I have seen when they send the application back to uscis with no further explanation is because they didn't believe the relationship was real . Tell us a little bit more about your relationship and someone might be able to tell you what went wrong and what options you might have 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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