Fiancee started K1 in her past, we want K3 now.

[potchi 0]

Hello everyone, This is my first post and I want to say thank you for all the invaluable information I've found on this site!

My fiancee met an American man back in 2009. He went to the Philippines in February 2010 to meet her and they began the K1 process. Shortly after that was started (the I-129F filed) she found out that he had traveled to the Philippines and met other women after meeting her. Needless to say, she no longer wanted to marry him. The I-129F has not been approved so she never got the med exam or done the interview. After several months, I met her online and also traveled to her country to meet her. We are now engaged and want to get married in the Philippines, using the K3. My question is this...will her previous I-129F filing, be a problem for us? If so, what can we do about it?

Any input is greatly appreciated!

Mark

[pushbrk 12,881]

Hello everyone, This is my first post and I want to say thank you for all the invaluable information I've found on this site!

My fiancee met an American man back in 2009. He went to the Philippines in February 2010 to meet her and they began the K1 process. Shortly after that was started (the I-129F filed) she found out that he had traveled to the Philippines and met other women after meeting her. Needless to say, she no longer wanted to marry him. The I-129F has not been approved so she never got the med exam or done the interview. After several months, I met her online and also traveled to her country to meet her. We are now engaged and want to get married in the Philippines, using the K3. My question is this...will her previous I-129F filing, be a problem for us? If so, what can we do about it?

Any input is greatly appreciated!

Mark

The previous filing may be a problem depending on its current status but K3 is out of the question. The currently viable spouse visa applicable to you is CR1.

[potchi 0]

The previous filing may be a problem depending on its current status but K3 is out of the question. The currently viable spouse visa applicable to you is CR1.

Thank you for your quick reply. Is there anything we can do...such as stopping the process (of that I-129F)?

[pushbrk 12,881]

Thank you for your quick reply. Is there anything we can do...such as stopping the process (of that I-129F)?

The petition is HIS petition, so if she was never contacted by the Consular services in Manila, there's nothing she can do to stop it herself. You could include a letter of explanation from her in your petition filing.

[Penguin_ie 5,993]

Does she have any paperwork from the K1, with a case number on it? She can write in (to the USCIS, assuming the paperwork would still be there) to cancel it with a short letter of explanation. They may however say that she cannot cancel, as the petition can only be canceled by the petitioner (= USC), and only if the process had reached NVC or embassy stage could she cancel.

It should not be a major problem but she will likely face extra question, and extra scrutiny of your bonafide relationship, as she moved so quickly from being engaged to one USC to being married to another.