K1-visa denial questions

[danicali]

hi, if anyone can help me please with advices is really appreciated.

a few months ago i submited the application for K1 visa, everything went well , i submited the required documents to show proof of meeting like pictures statements and divorce documetns from my previous marriage.
the divorce documentations sent with the package was incorrect, i sent in the application for divorce not the approved divorce docs by error. the application was declined and the reason was that i didn't sjow prrof of me beeing legaly free to marry ( not Divorced).
the immigration sent me a form to file to Reconsideration with a fee of $630 that i have to pay.

i called immigration customer service and teh rep said that this reconsiderations take more than 6 months , well in 6 month my eligibility or K1 expires.
also i asked the rep for immigration if i reapply for K1 visa right away and resend all the documents needed do i have a fair chance and the same time frame as a new app and she said yes!

can someone give me advice please in what to do?
shuld i send in the Reconsideration form and hope that the case will be reconsider in 6 or more months or Reapply and send the Right Documentation??

Thank you

[rayb]

There are two issues I immediately see from you post:

1. If your initial proof of divorce was inadequate (not copy of a legal decree or judgment), USCIS would have sent you a "Request for Evidence" to provide the correct evidence, and would have been allowed 87 days or so to respond. I'm guessing that you didn't respond to the request or responded with a reiteration of what you had already submitted, and got denied.
2. If you do have a real denial, paying the fee to "reopen" or "reconsider" could very likely result in USCIS supporting the initial denial decision, so paying the $600 (or thereabouts) fee makes little sense.

A resubmittal (with correct proof of divorce this time) for the $340 submittal fee is your best option. Since K1 petitions are being processed and approved very fast (on the most part) lately, you might get your petition processed and sent to the National Visa Center faster than a "reopen decision."

--Ray B

hi, if anyone can help me please with advices is really appreciated.

a few months ago i submited the application for K1 visa, everything went well , i submited the required documents to show proof of meeting like pictures statements and divorce documetns from my previous marriage.
the divorce documentations sent with the package was incorrect, i sent in the application for divorce not the approved divorce docs by error. the application was declined and the reason was that i didn't sjow prrof of me beeing legaly free to marry ( not Divorced).
the immigration sent me a form to file to Reconsideration with a fee of $630 that i have to pay.

i called immigration customer service and teh rep said that this reconsiderations take more than 6 months , well in 6 month my eligibility or K1 expires.
also i asked the rep for immigration if i reapply for K1 visa right away and resend all the documents needed do i have a fair chance and the same time frame as a new app and she said yes!

can someone give me advice please in what to do?
shuld i send in the Reconsideration form and hope that the case will be reconsider in 6 or more months or Reapply and send the Right Documentation??

Thank you