K 1 visa expired?

[K1/CR1 inquiring 1]

What exactly can you do if you receive an email like this:

The petition with receipt number WAC.......... was approved and was forwarded abroad to a United States Embassy/Consulate with a validity period of four (4) months.  Subsequently, the petition has been returned to the USCIS with a finding that the beneficiary was not issued the requested K-1 visa.  Since the period of validity has now expired the petition will not be revalidated.  Therefore, all USCIS action on this petition is concluded since the petition validity period has expired.  For I-129F Consular return cases where the petition validity period has already expired, the USCIS may not be issuing any further notification about the case to the Petitioner.  In this instance, the petitioner may choose to file a new Form I-129F, Petition for an Alien Fiancé (e), with fee.

[Becci391 339]

Looks like that you have to file a new I-129F.

 

But why didn't they process the visa at the fiancés US embassy in his home country?

I remember that I got a letter in the mail saying that the embassy is working on my case.

[K1/CR1 inquiring 1]

4 minutes ago, Becci391 said:

Looks like that you have to file a new I-129F.

 

But why didn't they process the visa at the fiancés US embassy in his home country?

I remember that I got a letter in the mail saying that the embassy is working on my case.

This is crazy.  How is it our fault that they did not process it in time?  How are they just going to say: Oh we kept your file too long so just forget about all of the money you just paid and give us more". 

[noraliz73 243]

Did your fiancé or fiancée have his or her interview and everything? 

[K1/CR1 inquiring 1]

Yes, November 8th, 2017

[Becci391 339]

1 minute ago, noraliz73 said:

Did your fiancé or fiancée have his or her interview and everything? 

I had my interview at the embassy( I was the non US-citizen)

 

Didn't your fiance/fiancee didn't get a letter from the embassy? 

That's so weired...

[Crazy Cat 39,370]

Sounds like :

 

1.  USCIS sent petition to Embassy

2.  Embassy return the petition to USCIS without denying or approving

3.  USCIS allowed the petition to expire.

 

The embassy didn't like something....It is closed.

Was there an interview?  If so, what was said?

[Crazy Cat 39,370]

That is what happens when the embassy doesn't approve the I-129.  It is sent back to USCIS to die.  There is no appeal for Fiance visas.

Edited January 2, 2018 by missileman

[K1/CR1 inquiring 1]

At the interview, they gave him the form and wrote "Reconsideration of Petition".

[K1/CR1 inquiring 1]

On the case update site, it say our case is being reviewed.  I had requested someone give me an update 2 wks ago, and this is the response they gave me today with this email.

[Crazy Cat 39,370]

Just now, Wright/Fatajo said:

At the interview, they gave him the form and wrote "Reconsideration of Petition".

Ahaa!!!!   They probably don't think the relationship is real, so they sent it back to USCIS where it expired... Your case is over..

[K1/CR1 inquiring 1]

This is what it say on the USCIS site: 

Department of State Sent Case to USCIS For Review

On December 29, 2017, the Department of State sent us your case, Receipt Number WAC0000000, for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

[Crazy Cat 39,370]

Their decision was to let it expire.  It is standard practice from what I have seen.

[K1/CR1 inquiring 1]

Wow...they just take your money and crush your heart like that...wow

 

[geowrian 22,336]

Yup, they believe the petition was invalid...aka not a bona fide relationship (or something like not being free to marry). As such, they sent it back to USCIS with the recommendation to revoke. USCIS's current policy is to let them expire to avoid a fraud marker being placed on the case.

 

Once you resolve whatever the issue for the refusal was, you can refile for a new K-1 or (preferably) marry and then file for a CR-1.

Edited January 2, 2018 by geowrian