gazza64

Hello,

My wife(the USC) and i have a K3 visa pending at the Missouri Service centre waiting for NOA2.
My wife received a letter from USCIS yesterday saying that our visa application had been denied due to us not returning an RFE. BUT, we never received a letter or email or anything else for that matter asking us for further evidence(RFE). The letter also states that there can be no appeal to the denial decision! My wife called the USCIS (un)helpline and they just confirmed what she read in the letter. I also just checked our case on the USCIS case status online facility and it`s unchanged from previously, IE stating that our case is still pending. It also shows no letters/emails/phone calls etc of any kind have been sent to us at anytime. It doesn`t even say our case has been touched, at anytime.

Can anyone please advise us as to what our next should or colud be. Thanks in advance.

Gazza 64

Ozzidoc

Sorry to hear of your stressful situation. Im sure that this is no help, but i would just go straight to an experienced emigration lawyer on this one.

lpdiver

I would think the worst case scenario is that ...you may have to refile and repay for another K-3 application. For the best case I'd consult an attorney and/or my congressional immigrations liason. ME...I'd be chatting with the liason ASAP.

t

Noorah101

Do you actually mean you have an I-129F petition pending? The K3 visas are handled at your consulate, not the US service centers.

Double check that letter. I don't think it says "visa application". It probably says "petition". The visa application is what you would be filling out overseas in preparation for an interview at the consulate. What she has pending is an I-129F petition.

This happens from time to time. People don't receive important mail from USCIS. She can probably file another I-129F, BUT I read in one of your previous threads that your I-130 is approved. Chances are, that will be processed before a second I-129F would be. Do you know how close you to completing the I-130 process? Has your wife returned information to NVC?

Personally, I'd wait for the I-130 to continue processing...they are not taking as long as they used to, and usually get done even before an I-129F for the K-3 nowadays.

Best Wishes,
Rene

David L. Beem

Hi Rene,
    > Just to clarify, I don't think you can have a K3 visa pending
    > within the USA...
The posting doesn't really say they are together in the U.S., but hints
that they are living separately ("My wife received a letter..", etc.)...

    > ...I think your wife entered on a K3, you filed AOS, and
    > that's what you're waiting for. ... Is your wife in the USA
    > with you, or is she still waiting for her K3 visa overseas?
The wife is the USC in this case...

    > I'd contact an immigration attorney and file a motion to reopen, OR
    > you could probably just re-file the AOS paperwork again. Or, just
    > a thought, perhaps she can return to her country for the immigrant
    > visa processing (if that window hasn't come and gone already).
I'd try to reopen rather than wait more time separated while another
filing goes through. But in the same situation I did file again, just to
have all bases covered. As an end comment for now, I will say that the
online case status and provided by the "(un)help line" will be frequently
out of date (my denied petition from the MSC still reports "awaiting
evidence" on the website).
David
[email protected]

Noorah101

Hi David,

Yep, I realized I misunderstood the OP and revised my answer. Thanks.

Rene

SXMWendell

129F is a K1 status until you are married. Then you get it changed to K3 for
2 years.


"Noorah101" <[email protected]> wrote in message
news:[email protected] m...
    > > Hello,
    > >
    > > My wife(the USC) and i have a K3 visa pending at the Missouri Service
    > > centre waiting for NOA2.
    > > My wife received a letter from USCIS yesterday saying that our visa
    > > application had been denied due to us not returning an RFE. BUT, we
    > > never received a letter or email or anything else for that matter
    > > asking us for further evidence(RFE). The letter also states that there
    > > can be no appeal to the denial decision! My wife called the USCIS
    > > (un)helpline and they just confirmed what she read in the letter. I
    > > also just checked our case on the USCIS case status online facility
    > > and it`s unchanged from previously, IE stating that our case is still
    > > pending. It also shows no letters/emails/phone calls etc of any kind
    > > have been sent to us at anytime. It doesn`t even say our case has been
    > > touched, at anytime.
    > >
    > > Can anyone please advise us as to what our next should or colud be.
    > > Thanks in advance.
    > >
    > > Gazza 64
    > Do you actually mean you have an I-129F petition pending? The K3 visas
    > are handled at your consulate, not the US service centers.
    > Double check that letter. I don't think it says "visa application". It
    > probably says "petition". The visa application is what you would be
    > filling out overseas in preparation for an interview at the consulate.
    > What she has pending is an I-129F petition.
    > This happens from time to time. People don't receive important mail
    > from USCIS. She can probably file another I-129F, BUT I read in one of
    > your previous threads that your I-130 is approved. Chances are, that
    > will be processed before a second I-129F would be. Do you know how
    > close you to completing the I-130 process? Has your wife returned
    > information to NVC?
    > Personally, I'd wait for the I-130 to continue processing...they are not
    > taking as long as they used to, and usually get done even before an I-
    > 129F for the K-3 nowadays.
    > Best Wishes,
    > Rene
    > --
    > Posted via http://britishexpats.com

SecretGarden

Sorry, not accurate in the slightest.

~SecretGarden

Noorah101

That is absolutely untrue. I-129F is used for 2 purposes....if you are unmarried, it's the petition for a K-1 fiance visa. If you are married, it's the petition for a K-3 visa. You do not change status from K1 to K3.

Rene

ian-mstm

This is just about the most stupid thing I've seen someone post in a long time.

Ian