Please Help!! My fiance was married before and his ex submitted a petition for him

[Papetica09 16]

Hello Everyone! My questions is, would it be a problem that my fiancé’s ex-wife had submitted a petition (I-130) while they were married but that was never follow through due to their divorce? Would I have problems now trying to submitted a petition for a K-1 visa? For us to marry in the US?

Note: The previous petition was approved but the process only when as far as Immigration requesting affidavit of support which she never submitted and year and an half later their divorce was finalized.

Thank you any help will be greatly appreciated!!!

Edited April 10, 2014 by Idelarosa

[Tiff&Babs 62]

Hello Everyone! My questions is, would it be a problem that my fiancé’s ex-wife had submitted a petition (I-130) while they were married but that was never follow through due to their divorce? Would I have problems now trying to submitted a petition for a K-1 visa? For us to marry in the US?

Note: The previous petition was approved but the process only when as far as Immigration requesting affidavit of support which she never submitted and year and an half later their divorce was finalized.

Thank you any help will be greatly appreciated!!!

The CO may question the previous petition at the interview. How long ago was the divorce?

[Papetica09 16]

The CO may question the previous petition at the interview. How long ago was the divorce?

Its been a year now, She filed for him on 03/2011 and she was supposed to send the affidavit of support by 11/2011 which she never did...months later the divorce started and was finalized on 03/25/13.

[Tiff&Babs 62]

Its been a year now, She filed for him on 03/2011 and she was supposed to send the affidavit of support by 11/2011 which she never did...months later the divorce started and was finalized on 03/25/13.

Just make sure that you include a copy of the divorce decree and you should be good. But he'll probably be asked about it during the interview.

[Papetica09 16]

Just make sure that you include a copy of the divorce decree and you should be good. But he'll probably be asked about it during the interview.

Yeah, thats for sure! Thank you so much for your input!

[Dusty&Mono 6]

I think he would have to convince the CO he's just not after a green-card as he was previously involved in an immigration to the states and the CO might not find it as a coincidence the fact that now he is interested in another American citizen and applying for a K1 visa now.

[Papetica09 16]

I think he would have to convince the CO he's just not after a green-card as he was previously involved in an immigration to the states and the CO might not find it as a coincidence the fact that now he is interested in another American citizen and applying for a K1 visa now.

Yes I know, however we have proof that his previous relationship was legiment as well... And he can also enter the US through his parents who are USC as well the diference that with the K-1 the process is much faster. But I gues I will send it and wish for the best as we dont have anything to hide.

Thank you for your input!

[butterflies0124 8]

Yes I know, however we have proof that his previous relationship was legiment as well... And he can also enter the US through his parents who are USC as well the diference that with the K-1 the process is much faster. But I gues I will send it and wish for the best as we dont have anything to hide.

Thank you for your input!

This might be old news, and I'm sure you've done your research since then, but I've read here that you have to make sure the US Citizen filed some sort of withdrawl, not just stopped and didn't go to the next step. I may be wrong though. I will see if I can find the answer so as to not worry you or give you the wrong information.

[Papetica09 16]

This might be old news, and I'm sure you've done your research since then, but I've read here that you have to make sure the US Citizen filed some sort of withdrawl, not just stopped and didn't go to the next step. I may be wrong though. I will see if I can find the answer so as to not worry you or give you the wrong information.

Yes, you are correct... However the time limit to act in any peticion is one year before gets canceled automatically by the USCIS. Which means that if there no action from petitioner withing a year the application gets canceled.

[Al422 221]

First of all, did the NOA2 on the last one come in during the last 2 years? If so you have 2 choices:

1. Run the clock out on the 2 years before filing for your K-1

2. Request a waiver when you file you r K-1.

As the petitioner he has the right to withdraw it any time until the visa is granted, and it never was granted. So he can still withdraw it. But first he needs to see if there is anything to withdraw. He (not you) needs to email the consulate where the prior was filed and see if they still have it open. Don't depend on USCIS for this because once they issue the NOA2 they keep it open forever. Go to the consulate. If i t is still open, he needs to send a notarized letter to them advising them that he is withdrawing his petition. It takes a few months to get procecsed, but the last step is that USCIS will send him a letter that they have closed their file because the petitioner requested a withdrawl.

How do I know this? Been there and done that. I had 2 priors. The first one I withdrew because my fiance already had my affidavit of support and was in a position to get the visa and then come here and abuse it. In the sceond one, my fiance never alpplied for the K-1, so the embassy just closed the file. USCIS to this day shows that one as open.

Neither one came up during my fiance #3's interview, which happened 2 days ago.

[Papetica09 16]

First of all, did the NOA2 on the last one come in during the last 2 years? If so you have 2 choices:

1. Run the clock out on the 2 years before filing for your K-1

2. Request a waiver when you file you r K-1.

As the petitioner he has the right to withdraw it any time until the visa is granted, and it never was granted. So he can still withdraw it. But first he needs to see if there is anything to withdraw. He (not you) needs to email the consulate where the prior was filed and see if they still have it open. Don't depend on USCIS for this because once they issue the NOA2 they keep it open forever. Go to the consulate. If i t is still open, he needs to send a notarized letter to them advising them that he is withdrawing his petition. It takes a few months to get procecsed, but the last step is that USCIS will send him a letter that they have closed their file because the petitioner requested a withdrawl.

How do I know this? Been there and done that. I had 2 priors. The first one I withdrew because my fiance already had my affidavit of support and was in a position to get the visa and then come here and abuse it. In the sceond one, my fiance never alpplied for the K-1, so the embassy just closed the file. USCIS to this day shows that one as open.

Neither one came up during my fiance #3's interview, which happened 2 days ago.

He was not the petitioner he was the beneficiary, this information would of been helpful when I first posted the question, now is too late. I sent the petition and it has been accepted. So At this point I think I will wait and see what they resquest from me. I'm not even sure if an NOA2 was granted... I believe and correct me if I'm wrong, u have to submmited the affidavit of support before you are grant the NOA2 and according to what I was told it never got to that point.

[KayDeeCee 4,893]

He was not the petitioner he was the beneficiary, this information would of been helpful when I first posted the question, now is too late. I sent the petition and it has been accepted. So At this point I think I will wait and see what they resquest from me. I'm not even sure if an NOA2 was granted... I believe and correct me if I'm wrong, u have to submmited the affidavit of support before you are grant the NOA2 and according to what I was told it never got to that point.

Since it was not even an I-129F petition that was filed before and you are the USC, don't worry about the stuff posted above. You would not have needed a waiver even if you were the one to have filed an I-130 before. The waiver is for filing of 2 or more I-129F petitions.

None of this applies to you --->>

2. What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?

You must apply for a filing limitations waiver if any of the following apply:

a. You have previously filed K-1 petitions for two or more beneficiaries; or

b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously

approved petition.

Applying/processing is not the same for a spousal and fiance(e) visa. With the I-130 and CR-1, they would have needed to submit the I-864 to the NVC before the interview took place, but after the I-130 petition was approved. If his ex-wife never submitted the I-864 to the NVC and continued with the process then it would have halted there. He never applied for the CR-1. You have the divorce decree to show he is free to marry you, and he can explain to them about the situation with the ex-wife when asked.

[Papetica09 16]

Since it was not even an I-129F petition that was filed before and you are the USC, don't worry about the stuff posted above. You would not have needed a waiver even if you were the one to have filed an I-130 before. The waiver is for filing of 2 or more I-129F petitions.

None of this applies to you --->>

Applying/processing is not the same for a spousal and fiance(e) visa. With the I-130 and CR-1, they would have needed to submit the I-864 to the NVC before the interview took place, but after the I-130 petition was approved. If his ex-wife never submitted the I-864 to the NVC and continued with the process then it would have halted there. He never applied for the CR-1. You have the divorce decree to show he is free to marry you, and he can explain to them about the situation with the ex-wife when asked.

AWESOME!!!! thank you so much for clarifying that for me!!

[Al422 221]

Sorry I stand corrected on the 2 year rule. Only applies to two successive k-1s.

But since he is the benefiticary, whatever the ex filed is going to have to be withdrawn. It can come back ot haunt him at the interview if it does not.

On a K-1 the affidavit of suppoirt is given to him and he hands it in at the internview.

[KayDeeCee 4,893]

8 CFR 205.1(a)(3)(i)(d)

§ 205.1 Automatic revocation.

(a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:

(3) If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:

(i) Immediate relative and family-sponsored petitions, other than Amerasian petitions.

(D) Upon the legal termination of the marriage when a citizen or lawful permanent resident of the United States has petitioned to accord his or her spouse immediate relative or family-sponsored preference immigrant classification under section 201(b) or section 203(a)(2) of the Act. The approval of a spousal self-petition based on the relationship to an abusive citizen or lawful permanent resident of the United States filed under section 204(a)(1)(A)(iii) or 204(a)(1)(B)(ii) of the Act, however, will not be revoked solely because of the termination of the marriage to the abuser.