Can you file a I-601 5 years after being denied

[kmk813 11]

We were denied 5 years ago for a K1 visa because he was here illegal for more than a year. We ended up going separate ways. Our application went back for review in February 2018 and it is just sitting in review. Can I still file for the I601 waiver for ground of inadmissibility or do we need to file for a k1 visa. Every time I check the status of our first k1 visa it just says still in review. I have never stopped loving him. No it is not fraud. I have not seen him in 5 years but it would not be hard for me to go see him because I fly free. we have always stayed in contact for our son. 

Edited August 19, 2019 by millefleur
Removed image containing case number (personal info)

[geowrian 22,335]

Was the waiver ever filed? Was it approved? If not, then the case is dead. USCIS does not actually review returned I-129Fs...they just let them sit to expire. Nor is there anything for USCIS to do - there is no basis to reaffirm it anyway.

Most likely, the embassy kept the case open so a waiver could be filed. It sounds like they kept it open longer than usual (up to 1 year of no action), then sent it back to NVC, who then sent it back to USCIS (where it will die). That's the normal flow....it's usually just not a 5 year process.

 

If you are still in an ongoing relationship with intent to marry (it didn't sound this way in my reading, but I'm leaving that possibility open) you can start over, or marry and then do a spousal visa. But expect questions about the timeline.

[millefleur 5,035]

**Image containing personal info (USCIS case number) removed. Please do not post anything showing full case numbers or other personal information.**

 

VJ Moderation

[kmk813 11]

26 minutes ago, geowrian said:

Was the waiver ever filed? Was it approved? If not, then the case is dead. USCIS does not actually review returned I-129Fs...they just let them sit to expire. Nor is there anything for USCIS to do - there is no basis to reaffirm it anyway.

Most likely, the embassy kept the case open so a waiver could be filed. It sounds like they kept it open longer than usual (up to 1 year of no action), then sent it back to NVC, who then sent it back to USCIS (where it will die). That's the normal flow....it's usually just not a 5 year process.

 

If you are still in an ongoing relationship with intent to marry (it didn't sound this way in my reading, but I'm leaving that possibility open) you can start over, or marry and then do a spousal visa. But expect questions about the timeline.

Thank you for the info. Yes I have the intent to marry and so does he but it is open if we go separate ways again then who knows. I was not sure if I had to file for a k1 visa again or if it would be possible to file the I601. 

[geowrian 22,335]

6 hours ago, kmk813 said:

Thank you for the info. Yes I have the intent to marry and so does he but it is open if we go separate ways again then who knows. I was not sure if I had to file for a k1 visa again or if it would be possible to file the I601. 

The existing I-129F is dead - USCIS does not actually review returned I-129Fs. It's time for a new K-1 (or, better yet, marry then do a CR-1....you need to see each other in person again anyway).