K1 case pending due to the 5 years bar

[Sofi&Jacky 0]

Good morning, 

I am in the process of K1 fiance visa. I attended the interview on octobre 2018 and I was denied due to 5 years bar resulted from my removal from the airport. The consular officier found me inadmissible under the section 212 (a) (9) (A)(I) and asked me to apply for the I 212 waiver. We applied for the I 212 waiver and unfortunately after a long waiting time (16 months) the waiver was denied. My bar will ends in octobre 2022. My question is does my inadmissibility erases by the end of my 5 years bar and The I 212 will be no more required. If so, will the embassy contact us to resume our case or we should do something else. I appreciate your interaction with this topic.

[Boiler 43,452]

Assuming there is nothing else then yes there will be no ban to waive after 5 years.

[Crazy Cat 39,279]

The case won't be alive in October 2022.  It will expire, imo......it already has, possibly.   

Edited October 4, 2021 by Crazy Cat

[SalishSea 16,776]

2 hours ago, Sofi&Jacky said:

Good morning, 

I am in the process of K1 fiance visa. I attended the interview on octobre 2018 and I was denied due to 5 years bar resulted from my removal from the airport. The consular officier found me inadmissible under the section 212 (a) (9) (A)(I) and asked me to apply for the I 212 waiver. We applied for the I 212 waiver and unfortunately after a long waiting time (16 months) the waiver was denied. My bar will ends in octobre 2022. My question is does my inadmissibility erases by the end of my 5 years bar and The I 212 will be no more required. If so, will the embassy contact us to resume our case or we should do something else. I appreciate your interaction with this topic.

You will need to start over, with the petitioner filing a new petition with USCIS. Your original one would have been returned to the United States to expire after the denial.

[Sofi&Jacky 0]

On 10/4/2021 at 6:12 PM, Jorgedig said:

You will need to start over, with the petitioner filing a new petition with USCIS. Your original one would have been returned to the United States to expire after the denial.

Jorgedig do you think that the petitioner can file F129 again for the same person. If yes I would like to do it but first I must be sure that the case has expired. Is there a way to check if they case has expired. Because I didn’t receive any email from the embassy saying that my case has expired. Thanks

[SalishSea 16,776]

7 hours ago, Sofi&Jacky said:

Jorgedig do you think that the petitioner can file F129 again for the same person. If yes I would like to do it but first I must be sure that the case has expired. Is there a way to check if they case has expired. Because I didn’t receive any email from the embassy saying that my case has expired. Thanks

You can contact the embassy to see if they still have the petition.  

 

The petitioner can certainly file another petition once eligible.

[Boiler 43,452]

I am trying to think what happens in these cases, unusual for a I 212 not to be approved and obviously do not know what happened here.

I think the ones I remember were all spouses.

 

Sort of assume it is still live and not sure why it would be returned but best to check.

 

The only eligibility to re file issue would be meeting within 2 years

[Sofi&Jacky 0]

33 minutes ago, Boiler said:

I am trying to think what happens in these cases, unusual for a I 212 not to be approved and obviously do not know what happened here.

I think the ones I remember were all spouses.

 

Sort of assume it is still live and not sure why it would be returned but best to check.

 

The only eligibility to re file issue would be meeting within 2 years

Boiler thanks for you interest in my case. Honestly I want to file a new petition and if everything goes smoothly I schedule my interview after octobre 2022 when my 5 years ban is over. Concerning the 2 years meeting issue. We have been together in Europe in January 2020. 

But if we file and the case still open we will be in trouble with USCIS and we loose both petitions. 

I contacted the embassy few days ago about if I will be eligible for K1 visa after October 2022 but they didn’t answer me. 

[Sofi&Jacky 0]

2 hours ago, Jorgedig said:

You can contact the embassy to see if they still have the petition.  

 

The petitioner can certainly file another petition once eligible.

Yes I will contact the embassy to check. I hope they answer me.

[Crazy Cat 39,279]

3 minutes ago, Sofi&Jacky said:

Honestly I want to file a new petition

Cases can be voluntarily withdrawn, and refiled.  

[Sofi&Jacky 0]

3 minutes ago, Crazy Cat said:

Cases can be voluntarily withdrawn, and refiled.  

Do you mean I can file right now without knowing if the case stills open or not.

[Crazy Cat 39,279]

Just now, Sofi&Jacky said:

Do you mean I can file right now without knowing if the case stills open or not.

You can submit a letter to withdraw, then the petitioner can file a new petition assuming the qualifying conditions have been met. But I think I would check the status of the existing case and the status of the ban first. 

[Boiler 43,452]

Seems a waste to file again interview again if not needed

[Crazy Cat 39,279]

6 minutes ago, Boiler said:

Seems a waste to file again interview again if not needed

Agree....I would first check the case status...then develop a plan.

Edited October 6, 2021 by Crazy Cat