K1 Visa 129-F Denial -- Next Steps?

[SalishSea 16,770]

4 minutes ago, JAC&MEH said:

One more question....  We've decided to go the I-130 route but I was wondering if I need to send a withdrawal letter to the USCIS before we submit the I-130 petition?

It is usually advised to do so.

[SalishSea 16,770]

On 11/11/2019 at 8:42 AM, AnneA said:

LOL I pronounced kringle in English and had no clue. I'll definitely look into that when we visit my in-laws in Tacoma. Right now I'm happy for having 6 kids sending me care-packages with anything from clothes-pins to bearnaise sauce and real licorice

You can get real licorice at Scandinavian Specialties in Ballard, as well as chocolate and pantry items.  They have a deli and they serve lunch.  It is a great little shop!  I go there for sill and fiskebullar.

[JAC&MEH 34]

32 minutes ago, Jorgedig said:

It is usually advised to do so.

Is there a recommended format for this withdrawal letter?  Where exactly do I send it?  Can it simply be sent in with the I-130 petition for added clarity or would that be the wrong address to send it to?

[Ryan H 3,790]

***Off topic posts removed; posts are to be limited to answering the OP's queries.***

[JAC&MEH 34]

On 11/12/2019 at 3:53 PM, Jorgedig said:

It is usually advised to do so.

I’m confused.  When I look at the USCIS website regarding withdrawals, is specifically mentions BEFORE a petition is denied or approved.  Mine was denied at the USCIS stage.  I never even received a NOA2.  What exactly is the purpose of submitting a withdrawal letter when they have already denied my case?  Just a little confused.  I can see where it makes sense for people that have gotten further along and the case is being sent back and is somewhere in between.  

[Tish19 0]

On 11/8/2019 at 6:58 AM, JAC&MEH said:

That was what I was thinking as well.  I really appreciate everyone's responses and patience with my stupid questions and concerns.  I'm sure you guys have seen it all.  I have tried my best to research this searching through the forums but there really isn't too much on here on this subject but I was able to make contact with these 3 helpful individuals.  

Maybe fill for the cr1...  get married 

[Genesisfan 10]

May I ask why your petition was denied?

did you have a criminal record?

was your conviction impediment?

 

[Villanelle 4,121]

23 minutes ago, Genesisfan said:

May I ask why your petition was denied?

did you have a criminal record?

was your conviction impediment?

 

Please read through the thread. Its been discussed many times this is an issue about not having a common law divorce decree- nothing criminal charge related.

[Villanelle 4,121]

@JAC&MEH Your petition was denied correct? So there is nothing to withdraw. If you havent already you will get a paper copy of the denial/rejection. It will outline that it was rejected and vaguely offer you appeal options that may be available, every notice is worded a bit differently depending on which petition its for and the reasons. Im not sure of the exact contents of yours but it will say something along the lines of what I posted above. So you simply do nothing. Whatever you sent is dead, no fees will be returned. 

 

I highly recommend you to file the CR packet AND the K3 packet. Most likely you will NOT be approved for the K3- although the handful of K3 approvals (around 4!) do seem to occur in Mexico. But its a really really slim chance you get the K3. You still want to apply for the K3 though!!! Its free and lately people have been having luck getting things processed faster when sending the K3. 

 

See depending on your service center- you can use the USCIS case processing est tool to see, but many service centers have timeframes of apx 12-16 months for the 130 (CR). However their processing time for the K3 (129f) is significantly lower - around 6-9 months. (just making numbers up here as an example, so check the actual dates) And policy says when the Officer comes across a K3 (which will happen in 6-9 months) they are to pull the 130 (which wouldnt have been gotten to yet) and deny the 129f in favor of approving the 130. In rare cases the 129f is approved but typically its not. Be prepared though to possibly move forward on the K3 if given that opportunity. 

 

This may shave some time off your process. But I think your longest wait is going to be for the interview at the Embassy. From what I understand Mexico is currently one of the slowest and backlogged ones right now with people waiting months and months for interview slots to open. Hopefully they correct this by the time your case is ready for interview. Also some people have gotten lucky using the new online filing for the 130 as it seemed they were focusing a lot of manpower to it when it first became available. There are a few threads from people using the online filing you can search for. 

 

Just make sure you get some kind of termination paperwork for the common law before a marriage certificate. The termination needs to be dated before a new marriage certificate is or you will run into a different set of problems. 

[geowrian 22,335]

10 minutes ago, Villanelle said:

Its free and lately people have been having luck getting things processed faster when sending the K3. 

Latest I've seen (IOE case numbers) has not shown this to still occur. YMMV. No harm in doing so, but it's not something I would count on.

[HRQX 4,145]

16 minutes ago, Villanelle said:

although the handful of K3 approvals (around 4!) do seem to occur in Mexico.

I wonder why only Mexico this calendar year.

[JAC&MEH 34]

7 hours ago, Villanelle said:

@JAC&MEH Your petition was denied correct? So there is nothing to withdraw. If you havent already you will get a paper copy of the denial/rejection. It will outline that it was rejected and vaguely offer you appeal options that may be available, every notice is worded a bit differently depending on which petition its for and the reasons. Im not sure of the exact contents of yours but it will say something along the lines of what I posted above. So you simply do nothing. Whatever you sent is dead, no fees will be returned. 

 

I highly recommend you to file the CR packet AND the K3 packet. Most likely you will NOT be approved for the K3- although the handful of K3 approvals (around 4!) do seem to occur in Mexico. But its a really really slim chance you get the K3. You still want to apply for the K3 though!!! Its free and lately people have been having luck getting things processed faster when sending the K3. 

 

See depending on your service center- you can use the USCIS case processing est tool to see, but many service centers have timeframes of apx 12-16 months for the 130 (CR). However their processing time for the K3 (129f) is significantly lower - around 6-9 months. (just making numbers up here as an example, so check the actual dates) And policy says when the Officer comes across a K3 (which will happen in 6-9 months) they are to pull the 130 (which wouldnt have been gotten to yet) and deny the 129f in favor of approving the 130. In rare cases the 129f is approved but typically its not. Be prepared though to possibly move forward on the K3 if given that opportunity. 

 

This may shave some time off your process. But I think your longest wait is going to be for the interview at the Embassy. From what I understand Mexico is currently one of the slowest and backlogged ones right now with people waiting months and months for interview slots to open. Hopefully they correct this by the time your case is ready for interview. Also some people have gotten lucky using the new online filing for the 130 as it seemed they were focusing a lot of manpower to it when it first became available. There are a few threads from people using the online filing you can search for. 

 

Just make sure you get some kind of termination paperwork for the common law before a marriage certificate. The termination needs to be dated before a new marriage certificate is or you will run into a different set of problems. 

Oh yes.  I already received the denial letter.  It’s just that I’ve read on here where people advise you to send in a withdrawal letter.  Just didn’t make sense in our case.  I had thought about the K3 but had been told that it more or less a myth.  If it doesn’t cost anything, then why not?  I had no idea that they had a way to file an I-130 online.  I will definitely research that.  
 

Thanks so much for all your help and advice.  I wish there was a way to continue our timeline as it seems I’ll just have to start a new one.  I think it would be helpful for people in our situation to be able to reach out to others who have had their K1 denied and then went on to file an I-130.  There’s no place to enter a date for K1 denied at the USCIS stage.  People just tend to disappear.  
 

Thanks again for everyone’s help!

[JAC&MEH 34]

Follow on questions.... When I file my K-3 petition, do I have to submit all the same supporting documents that I had to earlier for the K1?  Also, is there any evidence to filing the I-130 online will speed up the process at all?  It makes sense that it should or why else would they be rolling it out.  Just curious.

[HRQX 4,145]

29 minutes ago, JAC&MEH said:

I had no idea that they had a way to file an I-130 online.  I will definitely research that.

It's very new: https://www.uscis.gov/news/news-releases/uscis-makes-another-form-available-online-filing

[Villanelle 4,121]

2 hours ago, JAC&MEH said:

Follow on questions.... When I file my K-3 petition, do I have to submit all the same supporting documents that I had to earlier for the K1?  Also, is there any evidence to filing the I-130 online will speed up the process at all?  It makes sense that it should or why else would they be rolling it out.  Just curious.

Use the guides section at the top to see what you need for each form. As Geowrain posted the super speed people had when the online filing first came out is dying down. Compare what info is currently out there for the online filing vs whats posted for your service center and decide which is best.  You can also post in the site related update subforum your issues with the timeline features. Perhaps they can implement it or give you a work around.