Denied - Admin Review because of prior K1 petition

[Darnell 8,479]

IMO, the stuff you wrote up here in your topic,

could be morphed into a letter of attestation,

then submitted into the IV Unit.

However, I think this letter of attestation should have been filed with the I-129F submittal, ages past.

It is true - you can talk with a human at the IV Unit in Manila. Will you get an actual Vice-Consul, one of the officers that handles immigrant visa casefiles? Hard to say, but IMO it's worth it for you to try, make the phone call (or multiple calls) and see what can be done on that end (that end = IV Unit).

Is a good idea to get yer Immigration Liason Staffer (ILS) human involved at yer congressman's office - I read you've done that today, so if'n you presented the facts to the ILS Human, is possible those facts get in front of a Vice-Consul, as well. Very similar to what a letter of attestation would accomplish.

[Bugs 455]

If she has no way of reaching the ex, then you need to hire a detective to find him. Usually they can even if she has little info on him. Then, once found, a lawyer you hire can scare him enough to put something in writing for her.

That's your best bet in my opinion.

[JA_Martinez 81]

Every application from here forward will look like fishing. Cancel the first one...you have no option. You try to change visa apps now you will never get here without multiple flags. I would consult with a couple of immigration attys....there are tons of them who do free consultations...some are shady so best to go to more than one. How disappointing for you all. Hang in and do the homework...get help...don't give up and don't back peddle

[pnjandmtc1209 9]

Reading this post had me worried because in Nov.2010 I filed a fiancé petition

but things didn't work out and I called the USCIS to ask how to withdraw the petition.

They told me to write a letter of withdrawal to a certain address so that's what I did

and I received a letter back from the USCIS saying my petition had been withdrawn.

In march 2011 I met the love of my life in the Philippines and in Dec.2012 we were married

Jan 2013 I filed a CR1 for my wife and we were approved Nov.4th and now it's on to the NVC.

My wife asked me if I had canceled my old fiancé petition of the other girl and I said yes I had

canceled it. She asked me did I receive a cancellation letter and I couldn't remember but luckily

I found my old NOA1 from my fiancé petition and in the envelope behind the NOA1 was my cancellation

letter. I also went to the USCIS website and put in the receipt number of that NOA1 and it said it had

been withdrawn in Jan. 2011. That was the 1st time I had checked it by the USCIS website since cancelling

it. I will be sending my old NOA1 and the cancelation notice to my wife for her interview just in case they ask

questions about it she has proof that I canceled it.

I have seen a few articles on AP, and they are pretty informative - thanks. HOWEVER, I have yet to find a situation like mine (although I hear it is quite common??). My Fiance and I have been together for almost 3 years. She had a previous relationship about 4 years ago with a guy who she was engaged with and filed a K1 visa petition. They never went beyond filing it and getting an initial approval (NOA1) and no interview or travel to US. They broke up because of his cheating and treatment towards her before the process was completed. Matter of fact they only met once in person. They haven't had contact since - at all. She cannot even remember his middle name, exact age, or where he is now - no contact whatsoever. I know...weird...but it is what it is and it was a while ago.

Meanwhile, we have completed the whole process for the K1 (USCIS, NVC, and this morning failed the Embassy Interview). Every form that we filled out, we put all of the correct info. Every spot that asked about previous rela's we put his name and that they filed before together (again, this relationship was almost 4 years ago...2010ish). They denied her this morning and gave her a 221g form for Admin Processing.

We have PLENTY of proof for our rela the past 3 yrs (she brought about 15lbs of paperwork with her this morning to the Embassy), and I have visited her multiple times in the Philippines, most recently Jan 2013. I will also be going there in December (few weeks) to visit. We had our plane tickets to the US already on the 14th of Dec, with plans to get married in Vegas already booked for 21 Dec. Not to mention both our families had plans already to be a part of that celebration...wasted now.

I don't see why an approved I-129f is valid for only 4 months, yet an incompleted and outdated K1 petition is still valid and causing issues for almost 4 years now?! From what I understand I need to file a request for waiver or something?? I plan on calling the USCIS tonight, as well as DoS. If I'm not satisfied, I will be calling a lawyer but they charge $300 for a phone consultation - so that's my last ditch effort. I will not sit and wait for this Admin thing to take it's course. I want to know what I can do to make this happen. Any help or advice will be GREATLY appreciated!!!

**Please I don't need the, "I'm so sorry to hear that" or, "I hope it works out." That's useless right now. I hope I'm not being rude, but I didn't join to receive sympathy.

THANKS!!!

[apple21 953]

What does the paper 221g actually say? OP hasn't returned with an update yet so hold your horses.

[Bugs 455]

What does the paper 221g actually say? OP hasn't returned with an update yet so hold your horses.

See post #4 of this thread.

[Ebunoluwa 6,136]

The first petition should be expired.
If not re validated petitions expire after 4 months. I don't see what there is to withdraw unless the CO assumes she is fishing and

wants evidence that she isn't.

Did you submit a letter explaining that the relationship ended on such and such date and why ?

[apple21 953]

See post #4 of this thread.

Oooppss.

For OP: The embassy returning her passport is not a good sign. Another member was in the same situation as you, try finding it using the Advanced Search at the top right of this page. Good luck.

[Me_Theo 25]

call the embassy that he filled out k-1 visa , find his name and his address. may be he has so many things to tell you about her. ask him to cancel that.

In the file in embassy, they have all his information such as address and his full name and …

finding someone in USA , is so easy than drinking one class water.

Also THE embassy officer is thinking now you are in Afghanestan , Why she should be very hurry to come in USA. They will wait till you duty done.anyway, you try to find the ex man.

Edited November 14, 2013 by Me_Theo

[team ali+jc 1]

Get a lawyer..they know more about the loopholes of the immigration better than you or anyone does...youve tried doing it yourself, its time to get a professional opinion...then do it right this time....

[Steve&Anna 3]

If she has no way of reaching the ex, then you need to hire a detective to find him. Usually they can even if she has little info on him. Then, once found, a lawyer you hire can scare him enough to put something in writing for her.

That's your best bet in my opinion.

No one can force a former petitioner to do anything with a petition they filed... that's why this situation occasionally happens. This is the USA not some dictatorship. The OP needs to go through the process with the Govt office to have the first petition cancelled..

[Cathi 5,782]

Mary her in the Philippines and apply for a K-3 Visa. Don't know if this would work, but it's an idea.

K3 visa are no longer issued

[Bugs 455]

No one can force a former petitioner to do anything with a petition they filed... that's why this situation occasionally happens. This is the USA not some dictatorship. The OP needs to go through the process with the Govt office to have the first petition cancelled..

I don't believe I ever said that he would be forced to do anything, nor implied we live in a dictatorship. My solution was in regards to simply finding him and asking him to.

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

I don't believe I ever said that he would be forced to do anything, nor implied we live in a dictatorship. My solution was in regards to simply finding him and asking him to.

You never said to ask him, you said "scare him enough".

Let's help OP find credible solution and not coax him into doing illegal activities.

[Bugs 455]

You never said to ask him, you said "scare him enough".

Let's help OP find credible solution and not coax him into doing illegal activities.

Usually when a lawyer asks for something on someone's behalf, the recipient of the request responds more affirmatively, or at the very least, more prudently, simply because it's a lawyer.

That's all I meant by "scare". I wasn't suggesting he do anything illegal.