Denied I-129f even though I withdrew first application

[Levick13 0]

I am new to the forum but I will give you the basic run down in hopes someone can help me figure out what to do. I initially began a Relationship with a young woman in October of 2011. I visited her twice, once in November 2011, and again in March 2012. After returning from the second trip, I filed an I-129f on 5/7/12 and received and approval on 8/8/12. I soon found to my dismay that this girl had several dating profiles still open and was actively involved with many different men. I opened an account in a different name and tested her loyalty: none.

Heartbroken, I chatted with a few other Vietnamese girls and discovered there are two main types: those fishing for visa's and those looking for love. I had become friends with a young woman, Nhung, and had told her my experience so far and how depressing it was. She enlightened me to the culture and I helped her with her English. We chatted daily until I went and visited her in October. I had such a great connection. I stayed until January 21st. I told my immigration lawyer to withdraw my original application for the first girl and wanted to know if it was possible to apply for Nhung. He said yes, but I had to wait to go back to the united states to formally withdrawal my application. I did this, and filled out the paper work for a new I-129 assuming that the first one wouldn't matter. I sent the paper work in 2/21/13 and received the reception letter 2/28/13. I went back to Vietnam in April and planned to stay until October, in order to be able to fly home with my fiancé.

I received a letter from my lawyer in early July asking me to explain again the reason for my reapplication so soon after withdrawing the first I-129f. I quickly wrote and explanation letter and fed-exed it to New York. I assumed that this would clear up the matter. Instead, I received a denial letter for misrepresentation! The letter stated I could appeal the denial with an extra $630 within 30 days. From what I have read, these appeals can take up to one year! By that time, I could technically reapply for my fiancé since the two year time limit would be up! I don't know what to do. I'm angry at the lawyer for telling me it wouldn't be a problem, and mad at myself for being such an idiot with the first girl.

I need to return to the united states to earn money to be able to afford all the application fees and to make enough income to pass the income eligibility requirement. Does anyone have any advice? (besides not being a complete idiot/sucker). Do I have any other options?

Thanks for your help.....

[Darnell 8,479]

in the misrep thing -

did you state you filed for another human, prior? there's a spot on the I-129F for that - is possible you or your lawyer missed that one part.

If that is indeed the case, then I can understand the denial for misrepresentation.

[Levick13 0]

I had to to write a formal letter of withdrawal to the Saigon embassy that I had to have notarized and sent by mail (no scans). I included a copy of that plus filled out the paper work stating the original woman's name The asked for RFE in early July and I replied with basically the same letter I had written the Saigon embassy. What I'm wondering is if my lawyer lied to me about being able to reapply before the 2 year limit on k-1 applications? Is there any way out of this? Isn't sending $630 to appeal and get a no answer in a year just a waste of money?

[Darnell 8,479]

there is no real 2 year limit of which you speak.

however, even with that said,

one is supposed to include a letter in the I-129F submittal asking for a waiver from the IMBRA reg about 'this'.

So far, it smells like something was amiss with the I-129F submittal on the 2nd lass, hence the denial for misrepresentation bit.

[Levick13 0]

So what can I do? My attorney is waiting for his copy of the letter. My mom has been receiving my mail in the states. I am having her scan and send the letter to his new York office. I don't know what can be done now. I was planning on her coming home with me in October. Now I don't know what to do. I wish I has never met that first girl----the difference between the two is night and day. I suppose I can go home and liquidate my belongings, get a tesol and move back? Get married here then apply for a k-3? I just wish there was a way to salvage this application....

Thank you by the way for your comments. I need my lawyer to explain why he said it wouldn't be a problem now...

[florida4life 29]

You got to make sure the first petition has been withdrawn before you make another move. In my opinion it would be better to marry the second woman and apply for CR-1 visa not a K3 visa. That lawyer may not have did it correctly you need to do these things sometimes for yourself. IJS

[Levick13 0]

I filed the waiver for the first visa, to get around IMBRA, but apparently what I wrote wasn't good enough? I sent that the beginning of July, and the attorney assured me that the visa should be approved by the end of July. He made it sound like this RFE was no big deal---I wrote a letter, signed the affidavit, and then express mailed it. He didn't seem concerned---no I feel like I'm completely screwed....this really, really, really, sucks.....

[Darnell 8,479]

i dunno - if you did not specifically ask for a waiver from IMBRA in a letter submitted to USCIS,

and if the RFE addressed the prior I-129F that was officially withdrawn,

then is possible something is amiss.

I suggest calling into USCIS today, getting a Tier 2 Human, an ISO, and asking what's what.

I wouldn't say the lawyer is leading you on, but something really smells - a carefully prepped I-129F with the proper 'other stuff' would never had resulted in an RFE .. Now you have a denial, based on misrepresentation, so I am thinking the misrepresentation had to do with the first I-129F and lack of notice (from you) about it.

[Nurseling 34]

I had a friend who filed once and received a approval about 10 years ago though. The relationship didn't work out and she didnt even reply to the letters of the noa2 so visa was never issued. She also didnt cancel the application. Anyway she re-applied again and got a second approval . On the noa2 approval this time it stated that this is the second approved i129f Petition and that because it was a multiple filling the name would be put in the multiple filing database. That didnt affect the second approved petition at all. It's just A way for them to keep tabs on how many petition one person puts in they need to be able to monitor this.

Your situation is similar so I wouldn't expect they would deny you straight off since its only petition number two even if you didn't cancel the first one. Not everyone cancels. I would think the lawyer you have has not done things properly. You really should have just filed the papers yourself. Many people do it here and get approved.

My advice is dont waste your $600 dollars save some of your money and refine with $340.00 and do it yourself this time round. Your chances are much better.sorry it's nt worked out but honestly your better off re-applying.

[ckurt 23]

Marry her and file for IR1/CR1? maybe?

[FloranteNlaura 2]

If I were you, I'd get rid of the lawyer.....They'll just keep charging you. You are already right here in this forum and maybe you can transfer to the specific country (Vietnam has its own regional forum). Plenty of help/advice/guides available for you. You need to file an IMBRA waiver. Again, no help from the lawyer. I have a format to use if you're interested. Best of luck to you.

[Nell82 2]

i suggest you just do it on your rather than hiring a lawyer...i'm not against them but i think you can able to apply even w/o their assistance, like what we did. the instructions from uscis, nvc and embassy are clear and well guided.

as for your dilemma, if you really love the girl and her to you, why not settling down first there in vietnam, then apply for cr1. the process takes longer time but the result is more convenient for u and ur gf.

more time for u and her to know each other, relationship will be more matured, but it's up to you. I'm just sharing my personal experience.

[Cathi 5,795]

ditch the lawyer, call USCIS and get a tier 2 rep to find out why the misrep. Using a lawyer isn't relly needed, he/she is just acting as a middle man and as far as I can see isn;t filling you in with the true details of your case. You are paying this lawyer a lot of money, and so far it has been for nothing.

[Ebunoluwa 6,136]

Get a paid phone consult with Marc Ellis and read his posts here on VJ. He is very experienced with Vietnam, returned and denied cases and

multiple filings. Sometimes hard to get a hold of, be persistent.
Ditch the other lawyer.

You need to overcome the misrepresentation and multiple filing waiver issue and you need advice from an experienced lawyer. Mark is the man !
Just a sample of his comments, there are others. Before getting married or refiling a K1 ASK him !

http://www.visajourney.com/forums/topic/53412-imbra-multiple-petition-waiver-article/

http://www.visajourney.com/forums/topic/306483-denials-of-family-based-immigrant-visas-at-consulates-and-dhs-petition-revocations/

http://www.ilw.com/articles/2006,0323-ellis.shtm

[Ebunoluwa 6,136]

Have you worded your waiver request similar to the ones suggested here : A multiple filing waiver request is short and simple.

http://www.visajourney.com/forums/topic/229991-waiver-letter-for-2nd-k1-visa/

When USCIS revokes a petition the pc marker becomes a hard finding.

Seek legal advice >>>> Marc Ellis.