K-1 Visa, approved but never obtained

[cjr818]

Here is something that I recently got in the mail from USCIS, it was a letter stating that my petition for Fiancee Visa is being sent back for review. While we did get approved for the visa, my fiancee then never went to the interview because we had some issues that needed attention first. So at that time I wrote to the Consulate and advised them of our family emergency situation. They responded by saying that the visa can be extended beyond the original 6 month period of validity.

 

Well we never were able to resolve the family issue and instead got married in China, filed the CR1, and by the time all is said and done, she arrived in the US as an IR1 with a 10 year green card. That's great and all. I am not sure why we even get anything about original fiancee visa petition since we are now married. Was I suppose to formally withdraw the original application when I filed for the CR1 which ultimately ended up as an IR1?

 

Thanks,

Chris

[Randy W]

This sounds like a K-1 visa denial issue. When she didn't show up for an interview, they must have issued a denial. I'm not clear on why they (GUZ) wouldn't simply have let her file expire after a year.

 

I think I would take her passport, marriage certificate, and green card to an InfoPass appointment - I would think they would close out her K-1 file without any issue - rather than letting any fraud issues come up (a white slip denial is a potential allegation of fraud).

 

I'm not sure if this is worth a visit to an immigration lawyer - I would start with the InfoPass and see what they say.

[cjr818]

Randy, thanks buddy I'll check into it.