Denied I 129F where does it go if left to expire?

[TheMace]

Our I 129f was denied in July 08 and sent back to USCIS who received it on Jan. 21, 09 for review, (reason not a B/F relationship). Don't bother asking for a more detailed reason for the denial because we don't know, can only guess it may have been to short of time from last divorce, to short a time knowing each other. Only the denying VO knows the reason.

Anyway my question is, in a little more than 2 months USCIS will have had it for a year. We have never heard from them during this time except to notify us they had received it.
Should we just consider it has been left to expire?

We since married and filed an I-130 and she has her interview on 9 Dec.09. Did the I-129f and I-130 ever cross paths while they were both at USCIS as we submitted the I-130 in Dec 08, so for a time the USCIS had both petitions.

Also once my wife has had her interview, gets a visa, arrives in the US do these two petitions get combined into one file?

I never heard what happens to petitions once they are left to expire at the USCIS.

[dnoblett]

It is returned to USCIS, and in many bonafide relation denials, they administratively close the case and consider it expired because interview happened after the I-129F expiration date.

 

It gets filed in USCIS vast archives.

 

If denial was for nothing more than bonafide relationship, this should have no effect on your current case.

[Stepbrow]

When you married the I-129f for fiance visa was voided. If they send you anything it will probably be a notice of expiration. Always keep your eye on the mailbox, and respond to any notices requiring response.

 

I think the files are linked electronically so that when you go to GZ the ConOff will see the previous data. The fact that you have stayed together and stayed with the process goes a very long way to overcoming the previous denial.

 

Best of luck on your upcoming interview.

[david_dawei]

The fact that you have stayed together and stayed with the process goes a very long way to overcoming the previous denial.

very true !

 

It almost seems some sort of game;

- get denied the K1... then marry

- get denied the K3... pursue CR1

 

They are in effect bumping people up the ladder.

 

My advise is... if you think that there are reasons your filing might be looked at more closely...

 

1. Take longer to know her and to file.

2. Marry and go CR1

 

It removes the two common issues in terms of denials. Questioning timing issues and questioning filing issues.

[chilton747]

I was in your shoes. After a successful IR1 interview, we arrived at the POE and the customs official made mention the fact that our failed K1 was in their computer. After we arrived stateside, a couple of months later passed then we got the letter saying the K1 was expired.

[warpedbored]

Marc Ellis is one of the leading authorities on the issue of NOIRs. As an attorney it is probably a large part of his bread and butter. A good place to start besides listening to the sage advice or people who have been through it like Chilton747 would be the forum Ellis' Island.

http://candleforlove.com/forums/index.php?showforum=39

There's a lot of good information in there on white slips.