Denied - what to do next

[MIDUVIL 34]

I think that it's a mistake from the embassy. Why?

Because Filipina girls know how to stay focus. lol

[Klaxi 9]

Hard thing to find out after such a long time waiting for the interview. This is something she should of told you much earlier. Now you both have to wait, who knows for how long. I understand the Embassy and the suspicion. I dont know your story but I would search for some answers. Love can sometimes be blind, but we should all learn from our own mistakes.

[Ratty and C 13]

So, from what i read elsewhere this has happened to other people. The process is something like this...

1. The first application is made,

2. The couple breaks up, the fiancee does not turn up for the interview

3. The petitioner does not withdraw the application.

4. Time passes,

5. The 2nd petitioner applies for the original beneficiary,

6. The application is approved by USCIS, sent to the embassy

7. The Embassy denies the application stating 221(g)+Other "Multiple petitions",

8. The embassy returns the application to the USCIS district director that approved the most recent petition

9. The original petition is reevaluated and denied

10. The new petition is approved and sent back to the embassy.

However, it's not clear to me yet that stages 9-10 always take place, i've read conflicting reports about CSC just sitting on the applications when they are returned and allowing them to expire, while VSC does do steps 9 and 10.

The embassy does not seem to make the judgement as to whether the original application is expired, they leave that to USCIS, so the 4 month expiration window mentioned by various people to show she has multiple applications ongoing at the same time is not true.

I honestly believe what she has told me, she was up front about that before we even talked about visas but i just never pushed for enough detail due to the age of that relationship. Even if i had more details, i would still have assumed that the original petition had expired and was therefore no hinderance. Really, i'd ask people to refrain from further judgement as to her intentions because my intention here is to find useful information which can also hopefully help other people avoid the same situation in future. I would not wish the last 22 hours on anyone, and i don't want to spend my time defending my beloved against any accusation or insinuation that she is scamming or misrepresenting. If you don't know her you don't know just how special she is, incredibly smart, kind, loving, hard working, quirky, funny and wow she's so beautiful. I truly believe there is not a person on this planet better suited to me than she is. There have been so many occasions where she's been presented with a choice where she could easily have taken the easy option but every time she goes for what's best for both of us, even at her own expense. I could go on and on, but please believe me when i say that my fiancee is 100% legit and trustworthy, and she is not deserving of any doubt from people who don't even know her. I know many simply have my best interests at heart, but don't worry for me about that, just concentrate on useful advice which can also help others to learn from our experience.

Thanks to all for your responses - i just saw there's 3 more, i'll post this then read them.

[apple21 953]

So, from what i read elsewhere this has happened to other people. The process is something like this...

1. The first application is made, Your fiancee can upfront provide this info, if there was really a 1st K1 filed on her behalf.

2. The couple breaks up, the fiancee does not turn up for the interview This one too.

3. The petitioner does not withdraw the application.

4. Time passes,

5. The 2nd petitioner applies for the original beneficiary,

6. The application is approved by USCIS, sent to the embassy

7. The Embassy denies the application stating 221(g)+Other "Multiple petitions", Once you have the answer to #1, you can address this.

8. The embassy returns the application to the USCIS district director that approved the most recent petition

9. The original petition is reevaluated and denied

10. The new petition is approved and sent back to the embassy.

Good luck.

Edited May 21, 2013 by apple21

[SteveKarlaMayer 21]

Hi folks, thanks in advance for any advice. Here's the situation. I'm going to try to stay factual 'cos we're both so upset but i'm just trying to figure out what's next so we can move forwards and still have something to look forward to.

My fiancee got back from the interview a few hours ago with bad news, we are denied. We had been so fortunate in the rest of the process to get to this stage quickly so at least we did not wait for so many extra months like i know many of you have, so at least we found this out now and not after waiting even longer. Silver linings...

Okay, i'm paraphrasing here and trying to make sense of what happened 'cos i was not at the interview myself, and that would not have helped the situation as i understand it, so if i leave any ambiguities forgive me but communication is tough until she returns home and the news is so fresh.

At the interview they did not even look at the relationship evidence, they said all our paperwork was in order but there is another problem.

7 years ago she saw another guy and they broke it off - he was going to file fiancee visa but then they broke it off. Since then he met another filipina and brought her to the USA, and now they have no contact. So she thought the visa was either not applied for, or was invalid/withdrawn due to him being able to bring a different fiancee over.

At the embassy they informed her that the previous K1 for her is in their system and is not withdrawn, and it's not allowed to have multiple petitions for the same beneficiary. She asked before leaving and they said we are Denied.

But on the State Dept site the case is updated to show

"Your case is under administrative processing. Please see the letter you received at your interview for more information."

There is no letter from the interview.

So, i have a few questions - i feel totally unprepared for this 'cos i had really anticipated an approval, and i'm still in shock about it but trying to be practical on how to go forward, so please be kind and polite with advice - i know almost everyone here is, so thank you.

These are some questions that i'm wondering about...

1. Will/should we receive a letter from the embassy?

2. How can we withdraw her previous petition - do we need to contact USCIS, NVC or the Embassy to do that? We don't even have a case number, A# or anything - just his and her names is all.

3. I assume of course that an appeal is a bad option - correct?

4. Will the denial cause problems for our next petition?

5. If we get the previous application withdrawn, from the previous fiancee, is it possible to get the current one withdrawn too and then simply refile with updated info?

6. Or is it better for us to get married and apply for spousal visa instead?

7. If we do go for spousal visa do we still need to get the previous applications withdrawn?

Any advice is appreciated, as i said i'm just so unprepared for this and trying to get what information i can to help us move forward.

Thanks, David and Celesty

I'm so sorry this happened to you, guys. Regarding to your question, I have heard of someone having the same situation. What she did was she contacted her ex fiancee and told him to cancel the petition he filed for her before. Hope this help. I'm praying for the both of you. Stay strong.

[Ebunoluwa 6,136]

So, from what i read elsewhere this has happened to other people. The process is something like this...

1. The first application is made,

2. The couple breaks up, the fiancee does not turn up for the interview

3. The petitioner does not withdraw the application.

4. Time passes,

5. The 2nd petitioner applies for the original beneficiary,

6. The application is approved by USCIS, sent to the embassy

7. The Embassy denies the application stating 221(g)+Other "Multiple petitions",

8. The embassy returns the application to the USCIS district director that approved the most recent petition

9. The original petition is reevaluated and denied

10. The new petition is approved and sent back to the embassy.

However, it's not clear to me yet that stages 9-10 always take place, i've read conflicting reports about CSC just sitting on the applications when they are returned and allowing them to expire, while VSC does do steps 9 and 10.

The embassy does not seem to make the judgement as to whether the original application is expired, they leave that to USCIS, so the 4 month expiration window mentioned by various people to show she has multiple applications ongoing at the same time is not true.

I honestly believe what she has told me, she was up front about that before we even talked about visas but i just never pushed for enough detail due to the age of that relationship. Even if i had more details, i would still have assumed that the original petition had expired and was therefore no hinderance. Really, i'd ask people to refrain from further judgement as to her intentions because my intention here is to find useful information which can also hopefully help other people avoid the same situation in future. I would not wish the last 22 hours on anyone, and i don't want to spend my time defending my beloved against any accusation or insinuation that she is scamming or misrepresenting. If you don't know her you don't know just how special she is, incredibly smart, kind, loving, hard working, quirky, funny and wow she's so beautiful. I truly believe there is not a person on this planet better suited to me than she is. There have been so many occasions where she's been presented with a choice where she could easily have taken the easy option but every time she goes for what's best for both of us, even at her own expense. I could go on and on, but please believe me when i say that my fiancee is 100% legit and trustworthy, and she is not deserving of any doubt from people who don't even know her. I know many simply have my best interests at heart, but don't worry for me about that, just concentrate on useful advice which can also help others to learn from our experience.

Thanks to all for your responses - i just saw there's 3 more, i'll post this then read them.

You are correct that CSC lets returned petitons expire instead of sending them back to the embassy, whereas VSC sometimes

does reaffirm and sends them back. Once the embassy returns a case they will wash their hands of it and you will have to deal with USCIS

to sort the confusion out.

I would also say that the original petition is not "reevaluated and denied" as you listed in #9, but deemed expired (long ago)and here is where it gets messy...instead of CSC clarifying that to the embassy they will rather let the current petition expire. Dealing with CSC and returned 129F

petitions is like banging your head against a brick wall. There is no logic.

A competent senator may be able to mediate, a consult with an attorney that specializes in returned petitions may be a good idea. I have lost faith in CSC though, they do some of the craziest things.

[dobbietoo 8]

Hello! I just spent a good amount of time reading your post and everyones responses. My heart goes out to you and the problems your having with the denial on your petition. While I can't offer much advice moving forward (I'm awaiting my NOA2) I would just like to say that I wouldn't be too hard on people who are looking out for 'you'. While none of us know your fiancee or you we do understand the process your going through, at least all the waiting, etc. I know from personal experience that there are many scammers and dishonest people out there so someone making comments to that extent aren't trying to say that your fiancee is one its just that they are looking out for you! At least that's all I really got out of it. Just be smart and always look out for yourself!! Good luck!

[marklovetina 52]

i have the same issue with the OP, i submitted an I129f way back 2007 but they reject it because of the wrong amount of the check i sent along with the packet, i did receive a ''rejection letter'' saying that

''the application or pretition cannot be accepted because the proper fee is $455.00 (that time) is not attached. since the case is not properly filed, a priority or processing date cannot be assigned. Please attach a check or money order for this amount and resubmit this entire page tot he address listed below. For speed processing Please leave this notice on top.''

and at the top of the second page it says ''Please save this notice for your records. Please enclose a copy if you have to write us or a U. S. Consulate about this case,

or if you file another application based on this decision. You will be notified separately about any other applications or petitions you have filed.''

They sent back the entire packet. I got a receipt number ''WAC xxxxx" in this rejection notice.

I am worried now as i did not contact the embassy or immigration about this. I did not re-file because i found out that my ex in Philippines was living with another guy. i didn't do anything i just kept the ''rejection notice'' and i found the woman of my life now and about to send the I129f packet..

Would this be a problem?

thank you all for the help

nop bcoz ur previous file was rejected... no petition to withdraw...

[Ratty and C 13]

So, we had a good talk last night and we are seriously considering waiting until August to see if the K1 makes any progress, and if it does not then probably it's just sitting in CSC purgatory so we will get married and filing a CR1 instead. I have not researched CR/IR1 much yet, and of course i will in coming days, so i have some questions.

1. How do previous K1 petitions affect the CR1 application? specifically

2. Do we need to withdraw our K1 petition?

3. Do we need to get the ex-fiance's K1 petition withdrawn?

4. From what i read it sounds like CR1 may be slower than K1 usually, but in our case i think CR1 may be faster....K1 would require us to wait for the case to expire, or take upto a year to process, and then it's possible/likely they still just mark us as denied, so 4-12 months from now we have to apply for K1 again - that seems slower than just getting married in say August and filing CR1 then. We have so much paperwork already prepared, Birth certificate, passport etc are all current now, so the application would be simpler this time. The question is what would you estimate is the approval time for K1 for us vs CR1?

Any other advice? Thanks

[marklovetina 52]

So, we had a good talk last night and we are seriously considering waiting until August to see if the K1 makes any progress, and if it does not then probably it's just sitting in CSC purgatory so we will get married and filing a CR1 instead. I have not researched CR/IR1 much yet, and of course i will in coming days, so i have some questions.

1. How do previous K1 petitions affect the CR1 application? specifically

no.. it wont affect.. as long as u resolve the problem with the multiple k1 petition...

2. Do we need to withdraw our K1 petition?

your petiiton to her no... Y? bcoz it was already deny...

1st petition from the 1st petitioner who is the X- yes u need to contact him to withdraw the petition OR she the beneficiary can withdraw that petition by sending a letter enclosing all the imp. informations from her previous K1 petition if the case was in the US Embassy stage still...

when u file for cr1 and still that petition shows active ur cr1 will be deny too...

3. Do we need to get the ex-fiance's K1 petition withdrawn?

YES... bcoz it still show in their data base it is still active...

4. From what i read it sounds like CR1 may be slower than K1 usually, but in our case i think CR1 may be faster....K1 would require us to wait for the case to expire, or take upto a year to process, and then it's possible/likely they still just mark us as denied, so 4-12 months from now we have to apply for K1 again - that seems slower than just getting married in say August and filing CR1 then. We have so much paperwork already prepared, Birth certificate, passport etc are all current now, so the application would be simpler this time. The question is what would you estimate is the approval time for K1 for us vs CR1?

now a days K1 and cr1 has almost the same time frame even they said the K1 is more quicker than the cr1.. but u will notice on the members here on VJ those filed cr1 or k1 just have the same time frame of approval... well honestly cr1 is much better she can work when she arrived here if she wants and more way cheaper than the k1 application.. in K1 she need to adjust her status when she gets here and she cant work at once if she wants.... lots of process again to work if its K1 visa when she arrives here in the USA...

Any other advice? Thanks

Edited May 21, 2013 by marklovetina

[Ratty and C 13]

Thanks MarkLoveTina. So, for the first time last night we had chance for a proper talk since the denial, and she's calmer now and remembered some more of what was said to her.

About question 2. They said we are denied, but also that the only thing wrong with our application is the previous K1 application, so it will be returned to USCIS for that to be resolved. I believe then that USCIS just sits on the case and lets it expire. So then i don't think the application status is currently 'denied', it's in 'administrative review'. I don't know why they use the word Denied to her, it conveys the wrong information.

Thank you for your responses MarkLoveTina, you've been very helpful.

[woodsman4cb 8]

My question is: was the previous visa petition mentioned on the forms? There is a question asking if a previous visa petition been applied for. If it was not mentioned, then that could be grounds for denial. They seem to put a lot of weight on not disclosing information such as that.

Sorry, either way.

[marklovetina 52]

Thanks MarkLoveTina. So, for the first time last night we had chance for a proper talk since the denial, and she's calmer now and remembered some more of what was said to her.

About question 2. They said we are denied, but also that the only thing wrong with our application is the previous K1 application, so it will be returned to USCIS for that to be resolved. I believe then that USCIS just sits on the case and lets it expire. So then i don't think the application status is currently 'denied', it's in 'administrative review'. I don't know why they use the word Denied to her, it conveys the wrong information.

Thank you for your responses MarkLoveTina, you've been very helpful.

#2Question- well actually on the cases like yours that i read here on VJ in the past it was sent back to the USCIS not to resolve the problem but to close your case and when it was close all u can do is to re-file another petition again... and start to 0...

and if you choose to re-appeal your case it will gonna take long and not sure if they will grant it or not...

and i think they said it was deny bcoz they will not really gonna issue her visa bcoz of that active petition... i know it was back 7 yrs. ago but i dont think we need to blame USCIS for all what happened bcoz honestly the petitioner or the beneficiary has the responsibility to withdraw the said previous petition and not just abandon the case...

i hope some one here on VJ that has the same case like yours post here in your thread proofing that they were still approved after the case was sent back to the USCIS....

Edited May 21, 2013 by marklovetina

[yorubaqueen13 28]

Hello! I just spent a good amount of time reading your post and everyones responses. My heart goes out to you and the problems your having with the denial on your petition. While I can't offer much advice moving forward (I'm awaiting my NOA2) I would just like to say that I wouldn't be too hard on people who are looking out for 'you'. While none of us know your fiancee or you we do understand the process your going through, at least all the waiting, etc. I know from personal experience that there are many scammers and dishonest people out there so someone making comments to that extent aren't trying to say that your fiancee is one its just that they are looking out for you! At least that's all I really got out of it. Just be smart and always look out for yourself!! Good luck!

He has a partner he is looking out for also! Not just himself he is in love. He also asked for people to stop

Making comments such as yours, they are both hurting.. Please respect his wishes. Its not the job of every VJ member to look out for him. We all feel sad for their situation. Imagine if this was you? Ohh i would fall to pieces!

[Ratty and C 13]

My question is: was the previous visa petition mentioned on the forms? There is a question asking if a previous visa petition been applied for. If it was not mentioned, then that could be grounds for denial. They seem to put a lot of weight on not disclosing information such as that.

Sorry, either way.

Hi, thanks for the reply. I can't see where it asks if a visa petition has been applied for before as you say? I do see where it asks on i129f if I have applied but not her. I have not. And on form DS156 it asks if she has applied for an immigrant visa before but the K1 is a non-immigrant visa, right? Maybe i'm just being blind 'cos there's so many forms overall.