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Thread: K3 - I-129F

  1. #1
    I have some question about the I-129f form for the K3 process

    1 - I read about Mark Ellis posting about not to cancel the old K1 if it had been denied, and wait for a reponse from USCIS and to answer all the quest they are going to throw at u. I just file for a I-130 and now i'm about to send out a I-129F ( K3 ) , do i need to cancel the old K1 before this the new K1 start processing ? do i have to include a wavier with my I-129F to tell them i have a Old K1 out there that is still being review in the USA ?

  2. #2
    I have some question about the I-129f form for the K3 process

    1 - I read about Mark Ellis posting about not to cancel the old K1 if it had been denied, and wait for a reponse from USCIS and to answer all the quest they are going to throw at u. I just file for a I-130 and now i'm about to send out a I-129F ( K3 ) , do i need to cancel the old K1 before this the new K1 start processing ? do i have to include a wavier with my I-129F to tell them i have a Old K1 out there that is still being review in the USA ?

  3. #3
    You can't cancel an application that has been denied. Just don't appeal.

    Warning, filing for another benefit after another benefit has been denied usually means that the second benefit will be denied as well.

    What is the basis for a K1 and a K3 application?

  4. #4
    I'm filing for the same person, just got married. since my k1 got denied, i'm going with a k3.

    is there a way to find out the denied when the document is returned back to the USA ?

  5. #5
    Hi Benc,

    Can you provide some more information? What was the reason for denial of the first K1? Are you and your spouse currently in the US or outside? A more detailed description of the circumstances will help members provide some guidance.

  6. #6
    the only reason that they gave me was " Non bonafield relationship". i stll don't really know the real reason why. the old I-129F is sent back to USA for review now. i'm here in USA while my Spouse is in China.

    all i wanted to know is if i sent out I-130, then a I-129F ( K3) do i need to include a waver to let USCIS know that i still have a existing I-129f pending.

  7. #7
    I guess you didn't submit enough proof of bonafide relationship since you received the denial. When you refiled, did you send more proof? Since you already have a pending petition in the system, it would seem confusing for you to submit additional ones. I would schedule an Infopass appointment to discuss this with someone from USCIS to determine exactly how you should proceed. Good luck!

  8. #8
    hi benc,i am trying to help but i got little confused here , you said the k-1 was denied , you mean the i-129f application was denied by uscis or it got denied in the interview at the u.s embassy ? on either way you will have to appeal it but now it wont do you any better because you married to her which makes it alot better for the next step and no the first denial does not mean that you will be denied again , dont believe that . did you appeal it ? if yes then you have to withdraw your appeal before filing this new i-130 if not then just forget about it but you will have to mention it on the i-130 form anyway . get as much as evidence as u can this time and file it correctly and try not to mess anything or you will end up with the same setuation again.make copys of the emails, letters,pictures,if you guys have joint bank account( if not you can open up one online, add her name to your life insurance if you have one, add her name to your bank account, get copys of all the phone records, phone cards etc.... you can't file a waiver with the new i-130 man, dont do that , the i-130 is a brand new case , your i-129f was denied and now you married to her , just file this new i-130 with all the supporting documents and forget about the i-129f , but like i said ,if you have a pending appeal try to withdraw it bcoz you appealed it when she was your fiance and now you guys got married so this is a different case . do it and good luck

  9. #9
    I'm getting confuse now. according to you.. i should not appeal the denied i-129f that came back from the embassy and just file a new I-130. But according to Marc Elis , he recommend to respond to the appeal and not to ignore it to find out why it was denied.. which one is correct ?



    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mike_2007:
    hi benc,i am trying to help but i got little confused here , you said the k-1 was denied , you mean the i-129f application was denied by uscis or it got denied in the interview at the u.s embassy ? on either way you will have to appeal it but now it wont do you any better because you married to her which makes it alot better for the next step and no the first denial does not mean that you will be denied again , dont believe that . did you appeal it ? if yes then you have to withdraw your appeal before filing this new i-130 if not then just forget about it but you will have to mention it on the i-130 form anyway . get as much as evidence as u can this time and file it correctly and try not to mess anything or you will end up with the same setuation again.make copys of the emails, letters,pictures,if you guys have joint bank account( if not you can open up one online, add her name to your life insurance if you have one, add her name to your bank account, get copys of all the phone records, phone cards etc.... you can't file a waiver with the new i-130 man, dont do that , the i-130 is a brand new case , your i-129f was denied and now you married to her , just file this new i-130 with all the supporting documents and forget about the i-129f , but like i said ,if you have a pending appeal try to withdraw it bcoz you appealed it when she was your fiance and now you guys got married so this is a different case . do it and good luck </div></BLOCKQUOTE>

  10. #10
    K1 is automatically void once you get married. If she is here, then a k3 is not available to you. You have to file an I130.

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