Filing After Previous Immigrant Visa Approval

[DerZinker 4]

Hi fellow Vjers. As some on these forums know and as you can see in my sig, I petitioned for an I-129F back in 2005 for my wife (then fiancée) which was subsequently approved. Long story short, we went through the whole process and everything went relatively smoothly, but we discovered she was pregnant from the actual medical exam in Juarez, which shook things up a bit to say the least, and then following her interview they told us their computers were down and that it could take some time to receive the visa (which apparently isn't at all uncommon in Juarez even to date and I'm starting to think this is code in Juarez for 'we're thinking about it').

In any case, to my dismay she wasn't really interested in staying in Juarez due to the unexpected pregnancy and we had return tickets to go home and thus we pretty much abandonded the process. I called the consulate upon returning home and was told she was approved. D'oh.

So anyway, we married in Mexico in 2006, still live here and now I am preparing to file the I-130. I think that having filed for the same beneficiary in the past and having been approved for the K1 visa to boot will work to our considerable advantage this time around. But I have some questions about it..

First of all I never contacted the NVC or anything to indicate that we wouldn't be pursuing that K1 visa anymore. For all I know her passport and visa are still at the Juarez Consulate. Although I don't know how relevant it would be to contact someone anyway since the visa only lasts 6 months and has long since expired. Should I contact someone to let them know what happened prior to filing? Would anyone care?

On the I-130, Page 2 Question D 2 it asks if you have filed before and to explain youself. I plan on attaching an addendum here to explain what happened with the K1 on a seperate page. Any suggetions on how to approach that? Luckily I have some of the email correspondence I sent and received from the USCIS and the Consulate in Juarez in which I reference the receipt number, case number and the beneficiary's full name and I'm thinking of attaching copies of those emails as well with the I-130. What are your thoughts on the best ways to take advantage of the previous visa approval?

[DerZinker 4]

Bump.

[himher 634]

They do not appear to care. We filed 2007, received K3 visa 2008, adjusted status received GC 2008, moved overseas to work (Obama job - overseas) 2009, surrendered GC 2010, re-filed last april, and were approved this week.

As long as you have ties to the US, enough assets to qualify (or a US job) they do not care if you have filed before. At the interview I just had to give a summary but our story is straightforward, as is yours, so I would not expect you to run into a problem. I typed the same explanation in the I130 (minus the comment about obamajob LOL)

Hope that helps.