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Case sent back to USCIS

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Hello everyone,

 

I am a US Citizen and applied for the k1 visa for my fiancee in Sudan (Africa). We have met 5 times for the past 4 years with many photos/evidence.

 

We applied in February 2017 and Embassy/Consulate in Sudan finally gave her an interview in October 2017. At her first interview for my fiancee did not go well. The U.S. Consulate was accompanied by a Sudanese translator. When they opened the evidence (photos) of our relationship they gave her a hard time because they saw henna tattoos on her hand (normal for females to have it). They saw me with henna tattoo on my hand as well (I got it because my friend in the USA got married and its a tradition to get henna when your close friend gets married). It was a coincident because i flew to meet my fiancee a few days after my friend wedding in the USA and the henna on my hand was clear when i took photos with my fiancee.

 

If i knew this was going to cause so much trouble i would of have not sent pictures of me with henna. I did not even think once of it. 

To wrap this up we are really engaged, but the U.S. Consulate did not believe her at the interview, but they took her passport and told her they will do additional reviews. 

 

December she was called back for a 2nd interview and questioned her more if we were engaged or married. My fiancee explained to them many times that the reason I had henna was because my friend had a wedding and i got it with him. The translator who is Sudanese should know this as well but again i don't know why they cannot understand our tradition. Anyways they gave her back the passport and told her that they will send her case back to USCIS/NVC to handle it.

 

My senator has called them and confirmed that the case is arriving to the USA, but said he cannot do anything for us anymore regarding this. The status is still on AP. I read many stories where the USCIS will not review it and just let the case expire. Is that true? if that is the case I do not want to waste time. Can I just go to sudan, get married, and apply for marriage visa instead? Will this cause problem if our original case is waiting to be expired? If it will cause problem what can i do? Anyway i can tell them to just expire it NOW? Can my senator have them expire it early? I do not want to wait a whole 6-8 months for it to expire..that is a waste of time. 

Edited by A.A
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Yes, the K-1 petition will be left to expire by itself by USCIS and it will not be reviewed. 

 

You can marry now and then file for a CR-1, but expect close scrutiny after already having had a K-1 refused. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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2 minutes ago, Hypnos said:

Yes, the K-1 petition will be left to expire by itself by USCIS and it will not be reviewed. 

 

You can marry now and then file for a CR-1, but expect close scrutiny after already having had a K-1 refused. 

In other words it is entirely ok to go get married now and file for CR-1 even though my k1 is not expired yet?

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Yes.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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10 hours ago, A.A said:

In other words it is entirely ok to go get married now and file for CR-1 even though my k1 is not expired yet?

yes it is ok , you can go now and get married and start cr1 vvisa

K1 2017

Aos sent April 2018

Aos interview July 2018

Work permit September2018

Aos approved July 24, 2019.

Roc April 27, 2021

Biometric reused june 28, 2021

N-400 online April 27, 2022 base on 3 years rule, biometric reused.

N-400 interview on December 12, 2022 combo interview i-751. Approved.

January 11, 2023 oath ceremony, Indianapolis. After that done with uscis😂🤭🤫

I took my oath ceremony in Indianapolis, it was a nice ceremony, where people from 35 coutry become american citizen.

01/11/2023 officially done with uscis :)

🤣

January 13, 2023 apply for us passport.( regular service).

March 11, 2023 passport in hand

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  • 3 weeks later...
Filed: AOS (apr) Country: Philippines
Timeline
1 minute ago, A.A said:

I heard about the k3 visa. What is that like? or should i not?

 

also should i get a lawyer to take care of it this time? 

K-3 is obsolete and is not a viable option anymore

YMMV

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