K3 reaffirmed by USCIS

[BilLing]

USCIS has ruled on the NOIR from July.

 

Following is from an email received Dec 2.

 

"On December 2, 2009, we mailed a notice to you reaffirming the approval of this case and returned the case to the Department of State for visa processing. For more information, please contact them directly."

 

As we have an IR-1 being processed by NVC now, what can I expect?

Edited December 6, 2009 by BilLing (see edit history)

[chilton747]

I would stick with the IR1 and not worry about the reaffirmation. GUZ will sort it all out.

[david_dawei]

You pursue your CR1. The cases will get merged at some point. She'll interview in the manner as before. At least she knows what to expect.

 

While they can't deny the K3 for the same reasons, that may not apply to the CR1. The CR1 really needed to try and address the K3 issues which bothered the VO and some of those same issues may be looked at; whether anything has really changed. Is her english any better? Have you visited her? Does the relationship appear to be what they want to see?

 

If she were asked all the same questions again, how would her answers differ?

[chilton747]

You replied to the NIOR before activating/filing for the CR1. Did you actually refile or reactivate the I-130?

 

If refiled, did you include your rebuttal for the NOIR with the new I-130?

[BilLing]

K3 I-130 was sent back to USCIS (April 09) after file was returned from GUZ. I had intended to activate the I-130 but the NVC sent it back 3 months before it expired. My protests fell on deaf ears.

 

My cover letter for the CR1 referenced the NOIR yes. The supporting material for the petition was a virtual duplicate of the evidence submitted responding the NOIR. I did not include the entire discourse.

[chilton747]

An attorney told me awhile back that if the USCIS approves a petition with explanations of possible red flags, then GZ can't bring up these issues. Seeing as your I-130 petition addressed the NOIR then it is my thinking that those issues will not be brought up at the next interview.

 

There have been several here that have been denied K3's and then went on to pass on the CR1/IR1. I wish you the best of luck!!!

[BilLing]

Thanks!

[dnoblett]

Keep the IR-1 moving through NVC and on to the consulate, the denied K-3 wont be an issue now that USCIS has overturned it.

 

The IR-1 will generate green-card on entry.

[Stepbrow]

Congratulations! I think you will have smooth sailing from here on in.