Need advice... would a former filed 129F effect our case???

[rosa.sputnik 0]

This might be somewhat long and maybe somewhat complicated...

My Ex-Boyfriend and I filed a 129F in September 2003... very few months after that he got cold feet and did not forward me the information that the USCIS wanted a RFE (my divorce decree)... at some point then they wrote him a letter that they wouldn't take further action on that case and that it was dismissed. I never got any notice about the case... not that it was dismissed nor anything else...

We stayed friends, kept on talking to each other and my daughter and I visited him again in 2005 and 2006.

Last year then I got to know the brother of his roommate and we fell in love...

After I returned to Germany in August last year he and I kept on talking via Messenger, Telephone etc... then he came to visit me in October for 2 weeks... then again he came back in November and stayed until January...It was a wonderful time, and this year we visited him in the U.S. for 4 weeks...

On July 19th he proposed and I said YES!!!

Before my daughter and I returned to Germany we filed the 129-F to the Texas Service Center (July 23rd)

So here comes my concern... I looked up the old case number on the Internet and it's still in the system...

That's what it says:

The last processing action taken on your case

Receipt Number: XXXX

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: We mailed you a decision.

On May 28, 2004, we mailed you a decision on your I129F, PETITION FOR FIANCE(E). Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

My concern now is... if that could affect our case now... I'm so worried because my Ex boyfriend never took any action to withdraw the case at least... and it's still in the system...!??!?!

And, another question... unfortunately we were so excited to do the paperwork that we sent the Money Order to USCIS Texas Service Center... we did not read the instructions regarding that and now we saw that we should have sent it to Department of homeland security...

Thank you sooo much...

Concerned gretings

rosa.sputnik

[payxibka 10,045]

Previously file I-129f's might have implications if you are the USC petitioner, not so much to the alien fiance(e).

Edited August 9, 2007 by fwaguy

[1HappyGuy 45]

The previous filing only affects the petitioner, not you. Most likely, you will be asked about this during the interview for permanent status (green card). The information on you will be included in the file with your current fiance and it will likely come up during that interview. I wouldn't worry about it.

[Jason-Sasha 1]

I'm not so sure about that.... I had a petition approved back in 2005 for my now ex-wife. I decided to let the process expire when we began a divorce. To my surprise the case was still actually active in USCIS computers. I had to write a letter in handwriting with a copy of my divorce decree. They asked me to send a copy to VSC and NVC. I called many times to make sure I was doing everything correctly because I didnt want it to affect my new petition for my fiancee. I cans ee why everyone thinks its really only important for the petitioner to be free of other cases, but its also important for the beneficiary to be free as well. (not tied into any other active petitions). They will check this out. In fact that old petition is in your name. How did you answer that question about ever applying for a visa in the past? Did you explain your situation fully? You need to. And you should of course include a copy of your divorce decree, which I'm sure you did. this is actually a big deal. i dont want to scare you, but you should call them ASAP and ask them if they need anything in writing to cancel the old petition. And I wouldnt be surprised if they ask for it to be done by your ex-fiance. Since he was the petitioner. You cant be engaged to 2 men at the same time. and if you have 2 active petitions, that's what it will look like. red flag. I hope this helps. Good luck.

P>S> my money order was made out to USCIS and it was cashed, so no problem there.

Edited August 9, 2007 by Jason-Sasha

[payxibka 10,045]

How did you answer that question about ever applying for a visa in the past?

Having been the beneficiary on a previously filed petition is NOT the same as having applied for a visa. You do not apply for a visa until you submit the DS series of forms with the consulate. The petition process and visa application process are two very different and distinct activities.

Edited August 9, 2007 by fwaguy

[rosa.sputnik 0]

I'm not so sure about that.... I had a petition approved back in 2005 for my now ex-wife. I decided to let the process expire when we began a divorce. To my surprise the case was still actually active in USCIS computers. I had to write a letter in handwriting with a copy of my divorce decree. They asked me to send a copy to VSC and NVC. I called many times to make sure I was doing everything correctly because I didnt want it to affect my new petition for my fiancee. I cans ee why everyone thinks its really only important for the petitioner to be free of other cases, but its also important for the beneficiary to be free as well. (not tied into any other active petitions). They will check this out. In fact that old petition is in your name. How did you answer that question about ever applying for a visa in the past? Did you explain your situation fully? You need to. And you should of course include a copy of your divorce decree, which I'm sure you did. this is actually a big deal. i dont want to scare you, but you should call them ASAP and ask them if they need anything in writing to cancel the old petition. And I wouldnt be surprised if they ask for it to be done by your ex-fiance. Since he was the petitioner. You cant be engaged to 2 men at the same time. and if you have 2 active petitions, that's what it will look like. red flag. I hope this helps. Good luck.

Thank you for your reply... but since I was not the petitioner I cannot do anything about that. My fiance and I talked to the USCIS yesterday (conference call) and they just stated that the case was dismissed.

Since we just filed the petition there was no question if there was ever a petition filed on my behalf... not yet.. I believe this comes with Package three...

And yes, I submitted my divorce decree with the petition.

I mean... people just break up sometimes...

And there is nothing I could do, since I wasn't the petitioner...

What do you think?

rosa.sputnik

[Yodrak 7]

rosa.sputnik,

Just be sure to mention the earlier petition in response to any question on any form that asks about other petitions.

If you don't know your A# from that previous case I would write 'unknown' anywhere that your A# is asked for, because you do have one. One effect that the prior case will have on the current one is that the case officer will want to retrieve the previous case file from storage to review along with the current case. How long it takes to locate the old file and send it to the case officer may slow down the processing of the current case. Providing the A#, if it is known, could minimize any such delay.

Yodrak

This might be somewhat long and maybe somewhat complicated...

My Ex-Boyfriend and I filed a 129F in September 2003... very few months after that he got cold feet and did not forward me the information that the USCIS wanted a RFE (my divorce decree)... at some point then they wrote him a letter that they wouldn't take further action on that case and that it was dismissed. I never got any notice about the case... not that it was dismissed nor anything else...

We stayed friends, kept on talking to each other and my daughter and I visited him again in 2005 and 2006.

Last year then I got to know the brother of his roommate and we fell in love...

After I returned to Germany in August last year he and I kept on talking via Messenger, Telephone etc... then he came to visit me in October for 2 weeks... then again he came back in November and stayed until January...It was a wonderful time, and this year we visited him in the U.S. for 4 weeks...

On July 19th he proposed and I said YES!!!

Before my daughter and I returned to Germany we filed the 129-F to the Texas Service Center (July 23rd)

So here comes my concern... I looked up the old case number on the Internet and it's still in the system...

That's what it says:

The last processing action taken on your case

Receipt Number: XXXX

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: We mailed you a decision.

On May 28, 2004, we mailed you a decision on your I129F, PETITION FOR FIANCE(E). Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

My concern now is... if that could affect our case now... I'm so worried because my Ex boyfriend never took any action to withdraw the case at least... and it's still in the system...!??!?!

And, another question... unfortunately we were so excited to do the paperwork that we sent the Money Order to USCIS Texas Service Center... we did not read the instructions regarding that and now we saw that we should have sent it to Department of homeland security...

Thank you sooo much...

Concerned gretings

rosa.sputnik

[Jason-Sasha 1]

How did you answer that question about ever applying for a visa in the past?

Having been the beneficiary on a previously filed petition is NOT the same as having applied for a visa. You do not apply for a visa until you submit the DS series of forms with the consulate. The petition process and visa application process are two very different and distinct activities.

Well, when a case number is assigned everything is titled under the beneficiary's name. I.E. each time I received anything about my old petition it was titled to my exwife, even though it was really for me. this is why they ask for the beneficiary's name and birthdate when you call. I'm only saying that its a bit risky because the older case may still be active. Even if they told her it was dismissed. they told me that too. and 2 years later I found that it was still active in the computer. AND i was told that it was no big deal for me because the petition was in someone else's name, my ex. They made it very clear that the only person who would have issues would be my ex if she appeared on another petition before the old one was squashed. I'm telling you, please go carefully. I spent many days on the phone to USCIS, wrote several letters, learned alot. Its more of an issue for the beneficiary. This is just my advice.

By the way, on May 28, 2004 they mailed you a decision. what was that decision? If they approved it, then it moved on to NVC. And you would need to call them and see what the status is also. i had to write two letters of intent to terminate. One for VSC and the other for NVC. If it was just an RFE, I cant see them wording the letter this way.

Edited August 9, 2007 by Jason-Sasha

[rosa.sputnik 0]

How did you answer that question about ever applying for a visa in the past?

Having been the beneficiary on a previously filed petition is NOT the same as having applied for a visa. You do not apply for a visa until you submit the DS series of forms with the consulate. The petition process and visa application process are two very different and distinct activities.

Well, when a case number is assigned everything is titled under the beneficiary's name. I.E. each time I received anything about my old petition it was titled to my exwife, even though it was really for me. this is why they ask for the beneficiary's name and birthdate when you call. I'm only saying that its a bit risky because the older case may still be active. Even if they told her it was dismissed. they told me that too. and 2 years later I found that it was still active in the computer. AND i was told that it was no big deal for me because the petition was in someone else's name, my ex. They made it very clear that the only person who would have issues would be my ex if she appeared on another petition before the old one was squashed. I'm telling you, please go carefully. I spent many days on the phone to USCIS, wrote several letters, learned alot. Its more of an issue for the beneficiary. This is just my advice.

By the way, on May 28, 2004 they mailed you a decision. what was that decision? If they approved it, then it moved on to NVC. And you would need to call them and see what the status is also. i had to write two letters of intent to terminate. One for VSC and the other for NVC. If it was just an RFE, I cant see them wording the letter this way.

I believe this was the letter that the case was dismissed. I never received anything anyway... just my U.S. Ex Boyfriend... and he decided not to provide me any information about that case.

I just found that letter when I visited him 2005 and helped him tidying up his room. :-)

So... I never heard anything of any place... and I cannot even call them from Germany since they have a 800-number... :-/

To me it was as if the case never happened...

Just... when I check the case status online now, it tells me that they mailed the decision...

Oh well... I'm getting so nervous... fortunately my fiance just decided to come to Germany in 2 weeks. :-))))

[payxibka 10,045]

I think the info that Jason-Sasha has provided to you is for the moment "food for thought". Nothing you can do about it now and you will simply deal with it if and when it arises. Don't stress out about it. Don't be nervous about it.

[Jason-Sasha 1]

Well, maybe they dont erase the records from their datatbase and that's why its still available online. I say just let it ride then. If they find anything wrong, they'll contact you. And it should be an easy fix if it comes up. I didn't realize you couldnt call 1-800 numbers from Germany. there's got to be a way for you to contact them. My ex used to call them from Russia. Don't know how she did it. But if you can somehow reach them and ask for their advice, it would be best. Otherwise, just forget about it, unless it becomes an issue later. At least you have started the process. I'm sure they will see that someone else has petitioned for you in the past. And they should be able to deduce that its long over, if the cancellation is noted. I read recently how someone here on VJ had problems from a case that was dead for over 5 years. I had all the same worries as you are having now. But I've since calmed down. Especially after receiving a letter from NVC, stating they had received my letter of intent to terminate the old case. Then the old petition gets sent back to the service center which approved it. Makes no sense to me. why not just kill it on the spot? Anyway, you'll probably be fine. My old case is still in my portfolio on USCIS website also. Even though VSC has no info about it. Good luck!

I think the info that Jason-Sasha has provided to you is for the moment "food for thought". Nothing you can do about it now and you will simply deal with it if and when it arises. Don't stress out about it. Don't be nervous about it.

Exactly! Thank you. I'm no pro but I've been through it. Just giving you some of my experiences. it is precisely Food for thought.

[rosa.sputnik 0]

Well, maybe they dont erase the records from their datatbase and that's why its still available online. I say just let it ride then. If they find anything wrong, they'll contact you. And it should be an easy fix if it comes up. I didn't realize you couldnt call 1-800 numbers from Germany. there's got to be a way for you to contact them. My ex used to call them from Russia. Don't know how she did it. But if you can somehow reach them and ask for their advice, it would be best. Otherwise, just forget about it, unless it becomes an issue later. At least you have started the process. I'm sure they will see that someone else has petitioned for you in the past. And they should be able to deduce that its long over, if the cancellation is noted. I read recently how someone here on VJ had problems from a case that was dead for over 5 years. I had all the same worries as you are having now. But I've since calmed down. Especially after receiving a letter from NVC, stating they had received my letter of intent to terminate the old case. Then the old petition gets sent back to the service center which approved it. Makes no sense to me. why not just kill it on the spot? Anyway, you'll probably be fine. My old case is still in my portfolio on USCIS website also. Even though VSC has no info about it. Good luck!

I think the info that Jason-Sasha has provided to you is for the moment "food for thought". Nothing you can do about it now and you will simply deal with it if and when it arises. Don't stress out about it. Don't be nervous about it.

Exactly! Thank you. I'm no pro but I've been through it. Just giving you some of my experiences. it is precisely Food for thought.

We called the hotline yesterday, but all they could see is that the case was dismissed, and they couldn't give us any further information. I asked them if I could cancel the old process, but they told me that only the petitioner can... which makes sense to me...

My Ex boyfriend will surely not provide this letter to me, since he just found out that he "still loves me"

Great... but too late...

I'm happy with the one I am together with now... and I don't think about going back...

Life is complicated...

Do you have an idea about the Money Order we sent?

They might send it back, hm?

I'm such an airhead... we sent it to the USCIS Texas Service Center instead of the Department of homeland security... hope they'll cash it anyway...

Oh well.. why easy when I can complicate it. ;-)))

Rosa.sputnik

How did you answer that question about ever applying for a visa in the past?

Yes, but they ask for "immigrant visa"... the K-1 is a non-immigrant visa... so I'm still not sure what to reply whenever I receive the DS series... I might just add an extra sheet and explain... :-)

Having been the beneficiary on a previously filed petition is NOT the same as having applied for a visa. You do not apply for a visa until you submit the DS series of forms with the consulate. The petition process and visa application process are two very different and distinct activities.

Well, when a case number is assigned everything is titled under the beneficiary's name. I.E. each time I received anything about my old petition it was titled to my exwife, even though it was really for me. this is why they ask for the beneficiary's name and birthdate when you call. I'm only saying that its a bit risky because the older case may still be active. Even if they told her it was dismissed. they told me that too. and 2 years later I found that it was still active in the computer. AND i was told that it was no big deal for me because the petition was in someone else's name, my ex. They made it very clear that the only person who would have issues would be my ex if she appeared on another petition before the old one was squashed. I'm telling you, please go carefully. I spent many days on the phone to USCIS, wrote several letters, learned alot. Its more of an issue for the beneficiary. This is just my advice.

By the way, on May 28, 2004 they mailed you a decision. what was that decision? If they approved it, then it moved on to NVC. And you would need to call them and see what the status is also. i had to write two letters of intent to terminate. One for VSC and the other for NVC. If it was just an RFE, I cant see them wording the letter this way.

[Jason-Sasha 1]

I wrote mine out to USCIS and sent it to vermont with my petition. they cashed it a few weeks ago, so it must be ok.

[rosa.sputnik 0]

I wrote mine out to USCIS and sent it to vermont with my petition. they cashed it a few weeks ago, so it must be ok.

Wow... we haven't heard anything yet... except that we tracked the package and it was received by the TSC 2 days later...

But they did not cash the Money Order yet... nor we received a case number... nor a NOA...

Scary...

I'm sooo nervous about all that... well... I have never been very patient... but after all this... i believe I have learned how to be. ;-)))