K1 visa denied

[Tahoma 2,292]

We have no info on the previous petitioner,other than his name and state. I'm working with that. All phone #'s listed are disconected. No e-mail... arrrgggg! any sugestions?

Hi aron...

Sorry to hear about your problems.

At this point in your visa journey, I don't know whether it would help your case if the previous petitioner could be persuaded to officially cancel his petition.

However, if you want to find him, you could hire a private detective to do so.

[misna 0]

Hi , just wanted to know .. Did the x petitioner of your fiancee oficially cancelled his petition or just left it left without cancelling it ?

[Tahoma 2,292]

^^^Apparently, the previous petitioner did not cancel the K-1 petition. That's what started the nightmare.

[aron 0]

NEW UPDATE!.Ok this is totally weird!!! so on Sep.20,2010 i get a notice that says my case is closed because it is expired. It was expired July 23,2010, that's 4 months from USCIS approval. Marie's consulate interview was July 26,2010, that's 3 days after USCIS expiration date. Now today Sept. 28 2010 I get this E-mail saying that they are reviewing my case....I don't get them....Here is the latest E-mail.....

To:

m*******t@yahoo.com

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: WAC1********

Application Type: I129F , PETITION FOR FIANCE(E)

Your Case Status: Post Decision Activity

On September 24, 2010, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

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.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

[aron 0]

Re. your previous question - The consulate can extend the validity of the approved petition, and will usually do so automatically, as long as they believe the beneficiary is pursuing the visa application. They'll usually do this for up to one year. This is how your fiancee got an interview after the initial expiration date set by USCIS. After the petition was returned to USCIS, they decided they didn't want to readjudicate the petition, so they just closed it citing the original expiration date.

In my opinion, the consulate's ability to automatically extend the validity of the petition approval is how you got into this position. After they received the first petition they kept extending the approval until she applied for a visa based on the second petition. With two approved petitions on file they had no choice but to return both of them to USCIS. It's probably safe to conclude that both petitions are now dead, but not necessarily forgotten. If you send another I-129F petition it is possible that USCIS will send you a letter of intent to deny, citing the reason your first petition was returned. Here is the pinned thread where this is discussed:

http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/

The petition you filed was returned because of a technicality - the consulate can't have two approved and valid petitions from two different petitioners for the same beneficiary at the same time. However, there is also an implied suspicion of green card shopping. Generally, a beneficiary would have to be moving through relationships pretty quickly, or even have multiple relationships at the same time, in order to have two approved petitions at the consulate at the same time.

If your previous petition were being readjudicated rather than administratively closed then I'd recommend getting married and filing a spousal visa petition. If I thought there was any chance there was still an approved fiancee visa petition at the consulate then I'd recommend getting married and filing a spousal visa petition. They were clear that they were returning both petitions, so I seriously doubt there are any approved petitions at the consulate (unless someone else also filed for her). At this point, you can either file another fiancee visa petition or get married and file a spousal visa petition. It's your choice. I think the first relationship is still going to be an issue at the interview, and she should be prepared to deal with it.

Thanks for all the good Info. in my Post #49 I explain how I was expired, and now it looks like my application is in review?? I was wondering if anyone knows what my expiration date would be? Is it the USCIS expiration? Or is it the NVC expiration, or does the Hong Kong consulate extend the validity of the application for the 4 month increments, I have read about?

Looking my case # up at the USCIS website it says in review (9-28-2010), Again the expiration notice is dated 9-20-2010.

I have a feeling that the consulate has added its 4 month expiration from Marie's interview date(7-26-2010). If that is the case ,should I start thinking about a extension while the USCIS is reviewing the case?(they said that their review could take up to 180 days)

[aron 0]

Here is the latest. The congressman's office sent me a note that was received from the USCIS.

Dear Aron,

As per the message I left you, this is the most recent information that has been given to our office from the California Service Center in reference to Marie’s petition:

RE: I129F filed by Bryan gxxxxx on behalf of Marie pxxxxx case/WACxxxxxx

I129F filed by Aron Mxxxxxx on behalf of Marie Pxxxxx case/WACxxxxxx

Good afternoon,

The A-file has been reviewed by the adjudications unit.

WACxxxxxxx Brian Gxxxxx -- After review of the A-file, it appears a notice was mailed to the petitioner in September 2010 terminating this case since the validity period expired. This case is now closed.

WACxxxxxxxxx Aron Mxxxxx -- This I129F petition will not be terminated. It will be reapproved and forwarded to the NVC for consular processing. The petitioner should receive a notice of approval within 2-3 weeks.

if you have any questions, please do not hesitate to contact me via email or by phone.

Best,

Sarah

My news went from bad to good in 10 days.. This emotional roller coaster is doing a number on me... This news is great to have reaffirmation 2 times..I hope it helps the interview in HK. Marie, my family and myself don't want to get to excited because if the consulate has a bad day when she gets her next interview it will be a long way to fall.

I was hoping some of you in the VJ community had some suggestion on helping our application go smoothly at the interview. What other kinds of Proof could I get and should I write some letters to some of the agency's?

Well Im getting ahead of my self.. I know it still needs to go to the NVC again

[JimVaPhuong 4,863]

Ok, so the first letter you got was about the previous petitioner's petition expiring, and now you're being told that your petition is being reaffirmed. Well, the upside is that you don't need to decide what to do next, in addition to the fact that you aren't going to have to pay to file another petition. NVC doesn't usually sit on K1 petitions very long. If your petition went through quickly the first time, it should go through quickly this time.

The chances usually improve at the second interview. If nothing else, it shows persistence. I don't know how much of a difference it will make it your case because your petition wasn't returned because of a failed interview, but because of a technicality. They may not have ever gotten to evaluating the "bona fides" of your relationship at the first interview.

If nothing else, you'll want to make sure she's got an updated letter of intent from you showing that you still intend to marry her. Other than that, I would think you'd want her to have the same relationship evidence she had the first time, including additional evidence to cover the time since the first interview. Also, look at the things that are known to cause problems at the embassy in Manila, such as needing a co-sponsor, and see if any of them apply to you.

The decision is ultimately going to fall on one consular officer. I'm not sure what agencies you could write letters to that would make any difference to the consular officer, or that he'd even find out about. It's probably best to focus on helping your fiancee prepare for the next interview.

[Tahoma 2,292]

I was hoping some of you in the VJ community had some suggestion on helping our application go smoothly at the interview. What other kinds of Proof could I get and should I write some letters to some of the agency's?

...you'll want to make sure she's got an updated letter of intent from you showing that you still intend to marry her. Other than that, I would think you'd want her to have the same relationship evidence she had the first time, including additional evidence to cover the time since the first interview.

^^^Agreed.

@aron...The only thing I would add is that you should attend your fiancée's interview if at all possible. I believe that it would help your case immensely. Most of the time the consul officers at the U.S. Embassy Manila allow the petitioner to sit in on the interview. Even if you are not allowed to sit in on the interview, the consul officer will know that you are there in support of your fiancée.

Best wishes on a successful interview and a speedy visa!