K1 PETITION SENT BACK TO US FOR RE-EVALUATUON.. Whats next?

[Phladetroit 0]

Hi VJ family,

I am a Filipina petitioned by my American fiance. Our petition was approved in February 2012. I had my interview last March 2012 at the embassy. During the interview, they said they need to send back our petition to the USCIS since the record shows my first petition by my EX-fiance is still active. My EX (also an American) petitioned me on 2009 who broke the engagement on 2010 which means I was not able to undergo any interview and no visa ever issued. My fiance now and I did not know that the first petition should be cancelled. I too was confident that the first petition (2009) wont affect the second (2011) with my current fiance since I am the beneficiary and not the petitioner. So our petition was sent back and was received by USCIS-CSC on May 2012. We were told to wait 120 days after the interview for the result, which will be this July 15. My medical exam is valid until September 2012.

What could be our best next step? Any advice is highly appreciated.

Thanks and More Power!

[del-2-5-2014 1,339]

Sorry that this is happening. I have no answer for you but wanted to ask how far you got in the process during the original 2009 petition.

[batibot 0]

Hi VJ family,

I am a Filipina petitioned by my American fiance. Our petition was approved in February 2012. I had my interview last March 2012 at the embassy. During the interview, they said they need to send back our petition to the USCIS since the record shows my first petition by my EX-fiance is still active. My EX (also an American) petitioned me on 2009 who broke the engagement on 2010 which means I was not able to undergo any interview and no visa ever issued. My fiance now and I did not know that the first petition should be cancelled. I too was confident that the first petition (2009) wont affect the second (2011) with my current fiance since I am the beneficiary and not the petitioner. So our petition was sent back and was received by USCIS-CSC on May 2012. We were told to wait 120 days after the interview for the result, which will be this July 15. My medical exam is valid until September 2012.

What could be our best next step? Any advice is highly appreciated.

Thanks and More Power!

sorry to hear your story..my husband petition somebody before we meet and the girl having affair with another american,shes dating 4 americans as she was engage to everybody.Now my husband filed the petition before the others so when my husband find out that she was cheating he called USCIS that this girl thats shes petitioning is a gold digger cheater.But anyway,the girl beg my husband to cancel the petition and take his word back what he told the USCIS because maybe USCIS put a restriction on her File.I dont know. So when me and my husband meet i ask him to cancel the petition so we can move on because for me he is still inlove with the girl if he dont want her to have somebody petition her.so he called USCIS and cancel his petition on this girl and let her go with somebody.so for me you might need to contact your ex to cancel his petition for u.he is the only one can do it.hope this will help.goodluck

[Phladetroit 0]

Sorry that this is happening. I have no answer for you but wanted to ask how far you got in the process during the original 2009 petition.

first petition approved but didnt make it past the medical.. there was never a interview

[Phladetroit 0]

sorry to hear your story..my husband petition somebody before we meet and the girl having affair with another american,shes dating 4 americans as she was engage to everybody.Now my husband filed the petition before the others so when my husband find out that she was cheating he called USCIS that this girl thats shes petitioning is a gold digger cheater.But anyway,the girl beg my husband to cancel the petition and take his word back what he told the USCIS because maybe USCIS put a restriction on her File.I dont know. So when me and my husband meet i ask him to cancel the petition so we can move on because for me he is still inlove with the girl if he dont want her to have somebody petition her.so he called USCIS and cancel his petition on this girl and let her go with somebody.so for me you might need to contact your ex to cancel his petition for u.he is the only one can do it.hope this will help.goodluck

Thank you for your advice. Yes I think that would be one of our actions depending on USCIS decision. I have not talked to my EX since he abandoned me. I thought the talk we had on the day he took back the ring from my finger was enough especially the feeling of being disrespected, cheated and betrayed he did on me. Maybe in the right time God allows.

[Phladetroit 0]

Thank you for your advice. Yes I think that woiuld be one of our actions depending on USCIS decision. I have not talked to my EX since he broke up with me and I dont think he is in the US any longer. I dont think I could still keep in touch to him, he may have even passed away as far as I know.

So just in case the petitioner has already passed away, do the petition still need to be cancelled before the beneficiary can move on?

[batibot 0]

Thank you for your advice. Yes I think that would be one of our actions depending on USCIS decision. I have not talked to my EX since he abandoned me. I thought the talk we had on the day he took back the ring from my finger was enough especially the feeling of being disrespected, cheated and betrayed he did on me. Maybe in the right time God allows.

i dont know about dead people.i just talk to my husband right now he said that he wrote a letter to the USCIS to dispute the petition and cancelled it because they are no longer together and they send him a letter back that the petition was cancelled due to his request.that will be a sticky situation on you now if you dont know if your ex still alive or not.u might ask ur fiancee now to see a USCIS officer to talk because USCIS will not give you any advice on the phone.

[jameugiekaxavilon 25]

Sorry that this is happening to you. This might be a long process to you since you have no more communication to your ex. If you can find a way to contact him and maybe beg him to cancel his petition to you, it might help. I hope he will not make it hard for you and grant your request. I hope he has a mind of letting you go and be happy to someone you deserve. My prayer for you on that. GOD speed!!

[Phladetroit 0]

i dont know about dead people.i just talk to my husband right now he said that he wrote a letter to the USCIS to dispute the petition and cancelled it because they are no longer together and they send him a letter back that the petition was cancelled due to his request.that will be a sticky situation on you now if you dont know if your ex still alive or not.u might ask ur fiancee now to see a USCIS officer to talk because USCIS will not give you any advice on the phone.

Is the petitioner the only one who could cancel the petition? When they decided to send back our petition to USCIS-CSC, I wrote USCIS-CSC a formal request to cancel the first petition (2009) and told them what happened. Would that help? I am the beneficiary.

Thanks for the heads up.

[Phladetroit 0]

Sorry that this is happening to you. This might be a long process to you since you have no more communication to your ex. If you can find a way to contact him and maybe beg him to cancel his petition to you, it might help. I hope he will not make it hard for you and grant your request. I hope he has a mind of letting you go and be happy to someone you deserve. My prayer for you on that. GOD speed!!

Yes, it will be a year next month since we filed our k1 petition last 2011 with my fiance.

Is the petitioner the only one who could cancel the petition? When they decided to send back our petition to USCIS-CSC, I wrote USCIS-CSC a formal request to cancel the first petition (2009) and told them what happened. Would that help? I am the beneficiary.

Thank you so much for including us in your prayer. God bless your family too.

[batibot 0]

Is the petitioner the only one who could cancel the petition? When they decided to send back our petition to USCIS-CSC, I wrote USCIS-CSC a formal request to cancel the first petition (2009) and told them what happened. Would that help? I am the beneficiary.

Thanks for the heads up.

as far as i know only the petitioner can cancel the petition.tell ur fiancee to see and talk to the USCIS about ur situation.USCIS might know here they can contact ur ex and see if he can cancel his petition 4 u...Or maybe you can call USCIS and ask how long is the abandoned petition will expire or it will expire? and u and ur fiancee might wait for a certain time to start to file your papers.

[jameugiekaxavilon 25]

Is the petitioner the only one who could cancel the petition? When they decided to send back our petition to USCIS-CSC, I wrote USCIS-CSC a formal request to cancel the first petition (2009) and told them what happened. Would that help? I am the beneficiary.

Thank you so much for including us in your prayer. God bless your family too.

I am sorry to tell but as what I had read in some cases like yours, it seem like the petitioner is the only one who can cancel the petition.

[Phladetroit 0]

I am sorry to tell but as what I had read in some cases like yours, it seem like the petitioner is the only one who can cancel the petition.

hi. i read your timeline. what happened with your k1 petition before? it says u were under 221 g?? what did you do about it? thank u for sharing.

[jameugiekaxavilon 25]

hi. i read your timeline. what happened with your k1 petition before? it says u were under 221 g?? what did you do about it? thank u for sharing.

Our petition was sent back to the USCIS. I was already interviewed in the US embassy in Manila but my case fall under administrative processing of the embassy. So they gave me a piece of paper (221g form) telling me to wait till I hear from them. After many months of waiting (ofcourse we keep follow-up our case) they denied our application and sent it back to the USCIS. The reason was "Failed to establish a bonafide relationship to the petitioner". The CO was not satisfied of our relationship though during my interview I was loaded with proofs and documents. But its a case to case basis. Our case is kind of an unusual.

The link of my thread when my petition was sent back to US http://www.visajourney.com/forums/topic/333747-petition-returned-to-uscis/

[Therealworld 90]

I was partial in that same situation but I am the petitioner. I had did a k1 visa, it was approved and he actually went to the interview but they wanted me to come so no visa was granted at that time. This happened in 2009. Things happend and I deceided not to ever got to the embassy. Well in 2010 (December) i was introduced to my now husband. Once we spoke of marraige I contacted the embassy to see what happened to that k1 petition. To my suprise it was still open. I thought it was canceled due to abandoment but it was not. I called the embassy several times and told them I wanted the petition canceled since I had moved on long time and was planning to get married. They sent my case back to USCIS and informed them of this, and I was able to receive an actual letter from them stating my petition was formerly canceled. So when I filed my I130 for my husband I made sure I included that letter so there would not be any question prior to or during the interview. My proof was right there. When ever you are involed with paperwork for anyone you should always check the status of what happened to it. You need to call your embassy and request for it to be canceled.