Interview REsult: K1 petition to be returned to USCIS

[Phladetroit 0]

Hi VJers.. I am a Filipina fiance of my current petitioner. We filed k1 August 2011 , approved Feb 2012, went for interview today March 2012 in USEM. I had a previous k1 petition valid from oct 2009 - feb 2010 from my ex fiance who did not continue to petition me by April 2010. During my interview, the CO said i have 2 active K1 petition so they are unable to issue my visa since the first petition was not being cancelled by the ex petitioner. . They said they need to return both petitions to USCIS through NVC for reconsideration/make the decision. I am told that they will contact for their reply or my fiance can directly communicate/inquire with the Service Center where we filed our K1. My passport was given back to me.

My current fiance knows everything about the last petition, and we even justified it during our reply to them after receiving a NOTICE OF INTENT TO DENY LETTER during our application review. in which after that they approved our k1 petiton after 2 weeks that allowed me to be interviewed today.

Does anyone knows whats going on? Whats the best thing to do? How long is the waiting process again?

Really appreciate your idea and insight about our case.

Thank you so much.

[Leatherneck 693]

Can you get in touch with the ex-fiance? Can you have him write a letter to withdraw that petition? That's the first thing you might try to do. If you can get the ex- to withdraw his petition, you'll be in a better position to respond to a Notice Of Intent To Deny or Notice Of Intent To Revoke from USCIS.

Hopefully your ex-fiance is not the type that would try to prevent you from getting a K-1. "How long is the waiting process again?" Be prepared for this to take some time to straighten out with USCIS.

Edited March 15, 2012 by Leatherneck

[EminTX 131]

I thought things expired after a certain period of time. Is that ex-fiance married to someone else now? Would that be valid proof that he has abandoned his K-1 with you? (If he refuses to help you out with a letter, a wedding/marriage newspaper listing might be evidence.)

I have never heard of such a situation. Good luck!!!!

[marklovetina 52]

Hi VJers.. I am a Filipina fiance of my current petitioner. We filed k1 August 2011 , approved Feb 2012, went for interview today March 2012 in USEM. I had a previous k1 petition valid from oct 2009 - feb 2010 from my ex fiance who did not continue to petition me by April 2010. During my interview, the CO said i have 2 active K1 petition so they are unable to issue my visa since the first petition was not being cancelled by the ex petitioner. . They said they need to return both petitions to USCIS through NVC for reconsideration/make the decision. I am told that they will contact for their reply or my fiance can directly communicate/inquire with the Service Center where we filed our K1. My passport was given back to me.

My current fiance knows everything about the last petition, and we even justified it during our reply to them after receiving a NOTICE OF INTENT TO DENY LETTER during our application review. in which after that they approved our k1 petiton after 2 weeks that allowed me to be interviewed today.

Does anyone knows whats going on? Whats the best thing to do? How long is the waiting process again?

Really appreciate your idea and insight about our case.

Thank you so much.

the X-petitioner or the beneficiary should revoke 1st the previous petition to the US Embassy, Manila... that it didnt happen.. yes US Embassy will not issue the visa... the worst thing that will happen is u will gonna file again the petition and start from the beginning...

uhmmm i dont know if its the same thing as my case but i have a revoked application two yrs. ago in the US Embassy,PH and it took 6 mons. to totally close the case in the USCIS... US embassy sent back to NVC my revoked case then NVC sent back the case to USCIS..

then we filed again a K1 same process, new fees...

Edited March 15, 2012 by marklovetina

[Phladetroit 0]

the X-petitioner or the beneficiary should revoke 1st the previous petition to the US Embassy, Manila... that it didnt happen.. yes US Embassy will not issue the visa... the worst thing that will happen is u will gonna file again the petition and start from the beginning...

uhmmm i dont know if its the same thing as my case but i have a revoked application two yrs. ago in the US Embassy,PH and it took 6 mons. to totally close the case in the USCIS... US embassy sent back to NVC my revoked case then NVC sent back the case to USCIS..

then we filed again a K1 same process, new fees...

so, you had a previous k1 petition that was active too, then your new petitioner filed for you? then it was sent back to USCIS? so your 2nd petitioner filed again?? how long did you wait to file again? same second petitioner for the third petition?

[marklovetina 52]

so, you had a previous k1 petition that was active too, then your new petitioner filed for you? then it was sent back to USCIS? so your 2nd petitioner filed again?? how long did you wait to file again? same second petitioner for the third petition?

the reason u we're approved by the USCIS is that u sent a waiver right?...

and the problem in the US embassy is that the beneficiary or the X-petitioner didnt revoked the K1 petition and it is still active in their data base...

yes but in my case its the same petitioner so not that complicated...

we received a notice that my case was cancelled/ revoked after 6 mons.

then that's the time we filed again the K1...

[Phladetroit 0]

the reason u we're approved by the USCIS is that u sent a waiver right?...

and the problem in the US embassy is that the beneficiary or the X-petitioner didnt revoked the K1 petition and it is still active in their data base...

yes but in my case its the same petitioner so not that complicated...

we received a notice that my case was cancelled/ revoked after 6 mons.

then that's the time we filed again the K1...

yes we wrote a waiver then we got approved with my 2nd petition. could me, the beneficiary cancel the first petition? and if yes, how? my fiance now just called USCIS and was told that the file was not yet there, nothing they could say until they receive it from USEM.

by the way, your second petitioner filed a third petition?? i am sorry i am confused

[marklovetina 52]

yes we wrote a waiver then we got approved with my 2nd petition. could me, the beneficiary cancel the first petition? and if yes, how? my fiance now just called USCIS and was told that the file was not yet there, nothing they could say until they receive it from USEM.

by the way, your second petitioner filed a third petition?? i am sorry i am confused

no i only have 2 K1 petitions... ur beneficiary can revoked her K1 previous petition from the other man.. then u can wait for ur K1 petition be sent back to USCIS...

just e-mail the US Embassy manila and tell them that she is cancelling her previous petition... that's what my fiance who is my husband did to his previous k1 petition for me... and after a month i received a letter from the US embassy manila that they revoked my case...

[Phladetroit 0]

no i only have 2 K1 petitions... ur beneficiary can revoked her K1 previous petition from the other man.. then u can wait for ur K1 petition be sent back to USCIS...

just e-mail the US Embassy manila and tell them that she is cancelling her previous petition... that's what my fiance who is my husband did to his previous k1 petition for me... and after a month i received a letter from the US embassy manila that they revoked my case...

i am the beneficiary of a 2 different K1 petitions. The first one was Oct. 2009, where me ex abandoned it. My current fiance filed the petition approved Feb 2012. Now when I got to the interview yesterday with my 2nd petitioner, they said they need to send back both petitions since both are active, and they only need to have one active petition. They let me write down too what happened to the first on. Today, I mailed California SC to have the first petition formally cancelled.

Do I still need to write USEM to cancel the case? I was already told to wait for their call after USCIS0 CSV made a decision when they get the case back again.

I really do appreciate your time. Please give us more idea/ facts about our case. Thank you so much.

[marklovetina 52]

i am the beneficiary of a 2 different K1 petitions. The first one was Oct. 2009, where me ex abandoned it. My current fiance filed the petition approved Feb 2012. Now when I got to the interview yesterday with my 2nd petitioner, they said they need to send back both petitions since both are active, and they only need to have one active petition. They let me write down too what happened to the first on. Today, I mailed California SC to have the first petition formally cancelled.

Do I still need to write USEM to cancel the case? I was already told to wait for their call after USCIS0 CSV made a decision when they get the case back again.

I really do appreciate your time. Please give us more idea/ facts about our case. Thank you so much.

i think bcoz u had already the interview and they refused to give u a visa just wait for the decision of ur 2 K1.. bcoz for sure they already put a stamp in ur case that it will gonna be send back to USCIS...

[Phladetroit 0]

i think bcoz u had already the interview and they refused to give u a visa just wait for the decision of ur 2 K1.. bcoz for sure they already put a stamp in ur case that it will gonna be send back to USCIS...

yes, we feel the same way too. they told me that both petitions need to be returned and wait for USCIS decision then from there we could move on. how long do u think it would take? yesterday i got an email like this:

We referred your March 12, 2012 communication to the processing team concerned for appropriate action.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

1000 Manila, Philippines

i tried to call them yesterday but its busy to correct them that i dont have March 12 communication, my interview was March 15. what's going on? or this is just a typographical error?

[marklovetina 52]

yes, we feel the same way too. they told me that both petitions need to be returned and wait for USCIS decision then from there we could move on. how long do u think it would take? yesterday i got an email like this:

We referred your March 12, 2012 communication to the processing team concerned for appropriate action.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

1000 Manila, Philippines

i tried to call them yesterday but its busy to correct them that i dont have March 12 communication, my interview was March 15. what's going on? or this is just a typographical error?

it will take months.. for me at took 6 mons. to officially closed my previous K1...

[Phladetroit 0]

it will take months.. for me at took 6 mons. to officially closed my previous K1...

really? then what happened after? did u apply for spousal instead?

we just need that the first K1 be closed, and i am thinking that it would expire by May if my calculation is correct. then what do u think could happen next?

[marklovetina 52]

really? then what happened after? did u apply for spousal instead?

we just need that the first K1 be closed, and i am thinking that it would expire by May if my calculation is correct. then what do u think could happen next?

yes it take months to close a petition totally... i think they will gonna close both ur k1.. then after they close it u can file another petition.. k1, new fees again.. or u can proceed to cr1...

we still filed the k1 on my second petition...

Edited March 16, 2012 by marklovetina

[Phladetroit 0]

do u think both be closed? why is that? and how long does it take for the k1 re petition again to be approved? wow! congratz u finally made it after the 2nd one..?