I need assistance on Canceling Petition

[Sexy Beast 0]

Hi,

I have been doing research on the visa process and after reading this site, I have decided to try to do it all myself...that's with your help of course

It has come to my knowledge that my GF had a K-1 petition placed on her behalf in this past December. The relationship has since dissolved and we are currently together.

From my research it would appear that there are two issues:

Issue 1.

When it does come up, how do I explain to the CO (I'm learning the lingo) why or what happened to her prior relationship in which her ex had a petition initiated in December. and Now in June I want to place one for her?

I want to know the best way to go about it to not raise suspicion. We dated off and on, meaning i would come down every 4 months spend a few days with her then return to my country.

It was the past 3 months that I spent with her in DR that I made the time to actually get to know her and her family and I liked what I saw and decided that we would take our relationship to the next level.

Issue 2

I would like to cancel the petition filed on her behalf by her ex in December. The problem is my GF has zero information, I'm talking no case number,no confirmation nothing.. #..All we have is his name and her name and DOB. We tried calling the NVC but they were of no help (Said we had to mail a letter to withdraw the petition, but how can we withdraw without the case#??) and I didnt want to press the issue without having all the facts on how to proceed beforehand..So I may need some help getting that num and getting that case canceled.

Thanks in advance, please add your thoughts or let me know if I can expand on anything.

Edited June 17, 2008 by Sexy Beast

[brnidokiegurl 0]

You can only cancel a petition you file not someone elses or for someone else

[Leedah 22]

I think you first should do some research on your girlfriend.

Though you may know her (or so you think);...to have been to the point of being engaged to another person not even a good 7 months ago then getting into another relationship (with you) and already at the wedding gates sorta speak is HIGHLY strange. And it could look that way to the CO.

A CO will most likely think that it could be fraud on her part. It takes time to form a meaningful relationship on it's own merits. And to go as far as wanting to marry someone is even more so.

Sooooo, for her to have "related" with the ex awhile,... then chose to marry.....THEN dumped him or got dumped, met you, "related" with you some more AND chose to marry YOU....all in that short amount of time...well,...shall I say - - Sumting looks vehty vehty feeshy here --

[Sexy Beast 0]

I think you first should do some research on your girlfriend.

Though you may know her (or so you think);...to have been to the point of being engaged to another person not even a good 7 months ago then getting into another relationship (with you) and already at the wedding gates sorta speak is HIGHLY strange. And it could look that way to the CO.

A CO will most likely think that it could be fraud on her part. It takes time to form a meaningful relationship on it's own merits. And to go as far as wanting to marry someone is even more so.

Sooooo, for her to have "related" with the ex awhile,... then chose to marry.....THEN dumped him or got dumped, met you, "related" with you some more AND chose to marry YOU....all in that short amount of time...well,...shall I say - - Sumting looks vehty vehty feeshy here --

Thanks for the feedback, yes I am aware that it looks strange and I spoke with both of them and I am comfortable with the answers..I'm just curious to know what is the best thing to do as far as not to raise suspicion.

My ideas were waiting six months then filing for her, thus creating a reasonable gap.

Lets assume that the GF is legit and we have a genuine relationship (which I can prove)..what would be the best way to proceed?

[brnidokiegurl 0]

This was apparently a K1, she has no paper work of any kind showing when or where it was filed, what step it is at etc etc...you might can get your state rep involved to represent both of you to get the case number and do whatever with it, for her, maybe its laying somewhere already expired, was there a interview?

Best to just do the visits, get the proofs and take your time........

[Sexy Beast 0]

This was apparently a K1, she has no paper work of any kind showing when or where it was filed, what step it is at etc etc...you might can get your state rep involved to represent both of you to get the case number and do whatever with it, for her, maybe its laying somewhere already expired, was there a interview?

Best to just do the visits, get the proofs and take your time........

No there hasn't been an interview. I gathered that he filed the initial I-129f for the K-1 but it hasn't gone past that point

How much time do you feel is reasonable to wait to file the K-1 on her behalf?

Edited June 17, 2008 by Sexy Beast

[Gallowglass 0]

If your SO has no paperwork re her previous K1, does the person who previously submitted a petition on her behalf have any documentation/ references etc? It might be worth asking HIM.

[payxibka 10,047]

I would think that multiple petitions on an alien fiancee is less problematic than multiple petitions with the associated multiple visa applications....

[brnidokiegurl 0]

This was apparently a K1, she has no paper work of any kind showing when or where it was filed, what step it is at etc etc...you might can get your state rep involved to represent both of you to get the case number and do whatever with it, for her, maybe its laying somewhere already expired, was there a interview?

Best to just do the visits, get the proofs and take your time........

No there hasn't been an interview. I gathered that he filed the initial I-129f for the K-1 but it hasn't gone past that point

How much time do you feel is reasonable to wait to file the K-1 on her behalf?

If no interview yet, where is it floating around at???? maybe he stopped it, how long ago was it file approx...if it hasnt hit the embassy for interivew after a supposedly legitimate time span i would figure he canceled, which is what he should have done if they broke up. The issue of you and her how many trips and how much time have u spent together already? Do you know the issues of their breakup, he would have had to tell some reasons to cancel if he did....but as far as how much time before u file thta you will only know....if it canceled how long ago...do you hae a couple of trips in.....things only you will know

[payxibka 10,047]

..... he would have had to tell some reasons to cancel if he did...

Actually not.... A simple "I hereby request cancellation of the I-129F Petition, reference number WACxxxxxxxxxx effective immediately" .... is sufficient...

[Saddle Bronc 124]

..... he would have had to tell some reasons to cancel if he did...

Actually not.... A simple "I hereby request cancellation of the I-129F Petition, reference number WACxxxxxxxxxx effective immediately" .... is sufficient...

Tangential but...

If the OP can contact the filer of the original petition to find out where it is: if the petition was binned, or the original filer cancelled--then OP can move ahead.

[payxibka 10,047]

..... he would have had to tell some reasons to cancel if he did...

Actually not.... A simple "I hereby request cancellation of the I-129F Petition, reference number WACxxxxxxxxxx effective immediately" .... is sufficient...

Tangential but...

If the OP can contact the filer of the original petition to find out where it is: if the petition was binned, or the original filer cancelled--then OP can move ahead.

A careful reading of Post #4 would have provided you sufficient information that the OP has in fact been in contact with the original petitioner.

Edited June 17, 2008 by fwaguy

[brnidokiegurl 0]

..... he would have had to tell some reasons to cancel if he did...

Actually not.... A simple "I hereby request cancellation of the I-129F Petition, reference number WACxxxxxxxxxx effective immediately" .... is sufficient...

maybe not so much HAVE to tell but maybe he did (she had bad intentions, cheated, etc etc) this looking bad for the next one

[Krikit 1,165]

The case # is on the NOA1 and NOA2 that the original petitioner would have received. If you get that # you can look up the status online, but he will have to be the one to officially cancel it. If the NOA2 was received, then your fiancée will receive the next set of correspondence from the Embassy/Consulate in her country, and you can get the # from that.

[pushbrk 13,114]

The case # is on the NOA1 and NOA2 that the original petitioner would have received. If you get that # you can look up the status online, but he will have to be the one to officially cancel it. If the NOA2 was received, then your fiancée will receive the next set of correspondence from the Embassy/Consulate in her country, and you can get the # from that.

Yes, talk to the original petitioner and make certain the earlier petition is "withdrawn". (Correct terminology)

If he gave a reason, ask what it was. If not withdrawn, I suggest withdrawing with no explanation.

Edited June 17, 2008 by pushbrk