Previous Petition From A Different Petitioner

[ScottMelanie 4]

I filed a K-1 visa petition in early January of this year. My Filipina Fiancee also had a previous relationship with an American that resulted in that man filing a K-1 visa petition in early 2009. It was approved in record time and my Fiancee soon received a letter from the US Embassy that the petition had been approved and gave her instructions. Her fiancee came back to visit and they just did not get along and she terminated the relationship before the K-1 visa application was ever made. She had no interview, no visa, no visit to the USA. That was almost 3 years ago.

She was very open to me about this. Since 3 years have elapsed since the petition from the previous fiancee was approved (and not used), and since that man went on to marry a different Filipina about 2 years ago, we believed that the previous petition has been cancelled and would not be an issue. According to the State Department website, the petitions expire within 4 months after being approved, unless an extension is requested and approved.

However, we have since seen postings from people who seemed to have a similar experience (previous petition from a different or same petitioner)but had trouble during the interview at the US Embassy in Manila, because they said the previous petition was still active. They had to wait as the Embassy returned their petition to the NVC, asking why there were two petitions. Those couples, as I understand it, had to resubmit petitions and restart the whole process, effectively wasting about 7 months of time, and repaying fees, of course.

I became worried that we might run into the same issue, so I contacted the USCIS by letter giving them all of the details of the previous petition from three years ago and that the previous petitioner had married another woman in the mean time. They did not respond to my letter.

Can anyone with direct experience or knowledge tell me if that earlier 3 year old petition could cause a bureaucratic roadblock at the visa interview? Thank you.

[TBoneTX 45,309]

It could be a roadblock to be overcome. Did the previous petitioner contact USCIS to formally withdraw the petition? Did either he or the visa applicant notify the embassy?

If you contact USCIS again, do it by phone, and insist on being elevated past the Misinformation people to an actual immigration officer. You may need the number of the previous petition, and certainly your current petition information.

[ScottMelanie 4]

It could be a roadblock to be overcome. Did the previous petitioner contact USCIS to formally withdraw the petition? Did either he or the visa applicant notify the embassy?

If you contact USCIS again, do it by phone, and insist on being elevated past the Misinformation people to an actual immigration officer. You may need the number of the previous petition, and certainly your current petition information.

Thank you for your reply. He did not withdraw it and my fiancée asked for his help. He said it should have expired and therefore it is not his problem. I did actually talk to a higher level person at USCIS, and he said I shouldn't worry about it. I gave him the other petition WAC number, but he said he can not discuss the status of someone elses petition. He did commend me for having sent a letter of explanation to them. The old WAC still appears as Initial Review status, even though it was Approved over 3 years ago. The USCIS officer said that meant nothing and did not mean it was actually active in the system. Still, I am worried that this old petition will still cause a problem at the interview, because of other cases I have read about on VJ.

Hoping someone with similar experience can tell me what happened to them.

[Peter_Pan 661]

I am guessing that, since the first petitioner also petitioned for his current wife, your fiancee's K1 is inactive.

[TBoneTX 45,309]

Except for the nonresponsiveness of the previous petitioner, this sounds like good news, at least in regard to the USCIS phase. I hope that you recorded the name of the USCIS officer with whom you spoke, and the date & time, to keep just in case.

It has been said that the Manila embassy hands out visas like candy, so it's unlikely that your fiancee should have much problem during the eventual visa interview. She should be prepared to explain the entire situation, openly and in depth, to the consul, including the information that you just received. Others here will add their insights, and I'll defer to compelling evidence.

Thank you for your reply. He did not withdraw it and my fiancée asked for his help. He said it should have expired and therefore it is not his problem. I did actually talk to a higher level person at USCIS, and he said I shouldn't worry about it. I gave him the other petition WAC number, but he said he can not discuss the status of someone elses petition. He did commend me for having sent a letter of explanation to them. The old WAC still appears as Initial Review status, even though it was Approved over 3 years ago. The USCIS officer said that meant nothing and did not mean it was actually active in the system. Still, I am worried that this old petition will still cause a problem at the interview, because of other cases I have read about on VJ.

Hoping someone with similar experience can tell me what happened to them.

[JimVaPhuong 4,863]

K1 petitions expire in 4 months unless the consulate extends their validity, which they will usually do. They can't extend the validity beyond 1 year. If the beneficiary doesn't respond within 1 year then the consulate will send the petition back to USCIS as abandoned. USCIS will usually close the petition.

If USCIS approved a subsequent petition for the same petitioner then the first petition is almost certainly closed. Only a bureaucratic error would leave it still open.

[ScottMelanie 4]

Except for the nonresponsiveness of the previous petitioner, this sounds like good news, at least in regard to the USCIS phase. I hope that you recorded the name of the USCIS officer with whom you spoke, and the date & time, to keep just in case.

It has been said that the Manila embassy hands out visas like candy, so it's unlikely that your fiancee should have much problem during the eventual visa interview. She should be prepared to explain the entire situation, openly and in depth, to the consul, including the information that you just received. Others here will add their insights, and I'll defer to compelling evidence.

Thank you for your thoughtful reply

K1 petitions expire in 4 months unless the consulate extends their validity, which they will usually do. They can't extend the validity beyond 1 year. If the beneficiary doesn't respond within 1 year then the consulate will send the petition back to USCIS as abandoned. USCIS will usually close the petition.

If USCIS approved a subsequent petition for the same petitioner then the first petition is almost certainly closed. Only a bureaucratic error would leave it still open.

Very helpful. Thank you.