After cr1 received I-129F expiration from previous K1

[lougars]

Should I respond to this Notice of decision of Expired I-129f? or
Allow the cr1 to take it's course?

Thank you

[dnoblett]

Is expired I-129F for an optional K-3 or a denied K-1??

 

If K-1 then YES you must respond.

 

This was written about a few years ago by Ellis.

 

Only problem may be if K-1 case has a mark of misrepresentation on it, this can come back to haunt any future petitions.

 

Lawyers ¨C Be Careful Here!

 

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

 

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner¡¯s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

 

A Rude Surprise at the Second Consular Interview

 

Our love birds have followed their lawyer¡¯s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

 

¡°Don¡¯t worry about it. She¡¯s your wife now. The K-1 petition is irrelevant.¡±

 

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

 

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[lougars]

Is expired I-129F for an optional K-3 or a denied K-1??

 

If K-1 then YES you must respond.

 

This was written about a few years ago by Ellis.

 

Only problem may be if K-1 case has a mark of misrepresentation on it, this can come back to haunt any future petitions.

 

Lawyers ¨C Be Careful Here!

 

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

 

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner¡¯s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

 

A Rude Surprise at the Second Consular Interview

 

Our love birds have followed their lawyer¡¯s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

 

¡°Don¡¯t worry about it. She¡¯s your wife now. The K-1 petition is irrelevant.¡±

 

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

 

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

 

Yes this was for a K1, How do I respond to this?

[dnoblett]

Is expired I-129F for an optional K-3 or a denied K-1??

Yes this was for a K1, How do I respond to this?

What if anything did USCIS send you? Did they "Expire" the K-1, or a "Revocation" letter? If Revocation, you needed to respond to this or it may come back to haunt you at your spousal visa interview.

 

Make sure it was an Expiration, not a revocation, contact USCIS and confirm.

Edited September 7, 2009 by dnoblett (see edit history)

[lougars]

Is expired I-129F for an optional K-3 or a denied K-1??

Yes this was for a K1, How do I respond to this?

What if anything did USCIS send you? Did they "Expire" the K-1, or a "Revocation" letter? If Revocation, you needed to respond to this or it may come back to haunt you at your spousal visa interview.

 

Make sure it was an Expiration, not a revocation, contact USCIS and confirm.

Notice Of Decision, on top of the letter. it states that it was approved but visa was not issued. since the period of validity has now expired the petition will not be revalidated, it go's on to say all uscis action on this petition in concluded as of this date of this notice, however the petitioner may choose to file a new form I-129f for alien financee for the beneficiary with fee.

 

This is what is states.

what do you think?

[dnoblett]

 

Notice Of Decision, on top of the letter. it states that it was approved but visa was not issued. since the period of validity has now expired the petition will not be revalidated, it go's on to say all uscis action on this petition in concluded as of this date of this notice, however the petitioner may choose to file a new form I-129f for alien financee for the beneficiary with fee.

 

This is what is states.

what do you think?

You are clear, this prior petition should not come back to haunt you because USCIS indicated that you are free to file another petition for your now spouse.

[lougars]

 

Notice Of Decision, on top of the letter. it states that it was approved but visa was not issued. since the period of validity has now expired the petition will not be revalidated, it go's on to say all uscis action on this petition in concluded as of this date of this notice, however the petitioner may choose to file a new form I-129f for alien financee for the beneficiary with fee.

 

This is what is states.

what do you think?

You are clear, this prior petition should not come back to haunt you because USCIS indicated that you are free to file another petition for your now spouse.

Thank you for the input