Denied - Admin Review because of prior K1 petition

[bigD1983 5]

Okay so you want no sympathy? You won't get it from me. My bet is she will not be issed a visa until the other/s are cancelled in writing.

HAHA! Nice! I had to laugh at your simple reply. You also were of no help...so thanks for that. Mentioning something I already knew wasn't what I was looking for by posting here.

Have a great day.

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

They don't do K3's...from what I was told. It's now a CR1 Spousal Visa. I spoke with USCIS and they told me this will just compound the issue. She is married to me yes...but still the lingering issue of multiple K1 visa's remain.

Until I remove that other one, we're stuck.

[Ebunoluwa 6,136]

There was a thread I was looking for but can't find it. Beneficiary had a previous K1 application many years ago and the CO refused to

issue the visa because of it and wanted to return it to USCIS. He contacted his senator who straightened it out and she was issued the visa,

the CO had actually made a mistake by letting the previous K1 stand between her and the visa.

The thread was from a few months ago, I went all through my content and can't find it.

[bigD1983 5]

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.

HAHA! wow, thanks for the advice...but no thanks.

First, I cannot get any of his info from the prior petition...it's called Privacy Act. She cannot either because it's not her petition, it's his. She is just an applicant.

Second, there is nothing he can tell me about her. I have been with her for 3 yrs, seen her 5x as much as he ever did, and I have a house with her - he was with her for less 6 months...he is useless to me other than getting ride of the prior petition.

Third, me being in Afghanistan has nothing to do with anything. I still have a US home of record, I make MORE than enough for the affidavit of support, have paid full taxes since forever, and also I have known many guys who got their wives visas or fiancee's visas while overseas. Military members do it all the time.

Again, thanks and have a great day!

[bigD1983 5]

There was a thread I was looking for but can't find it. Beneficiary had a previous K1 application many years ago and the CO refused to

issue the visa because of it and wanted to return it to USCIS. He contacted his senator who straightened it out and she was issued the visa,

the CO had actually made a mistake by letting the previous K1 stand between her and the visa.

The thread was from a few months ago, I went all through my content and can't find it.

Yes, I did read that one as well. He went through the ringer from how it sounded...but it worked out.

Thanks a lot for the input at least

Have a great day!

[Ebunoluwa 6,136]

Here is the thread I was talking about.

http://www.visajourney.com/forums/topic/433559-advice-please-about-k1-denial-for-multiple-petitions/

[Ebunoluwa 6,136]

Try calling your congressman.

[bigD1983 5]

The only thing I can say is consult with a reputable immigration attorney. Calling the embassy and pleading your case won't do anything. Your fiancé has 2 petitions pending from 2 different people, they cannot grant a visa until the first one is cancelled, they have strict rules and guidelines to follow. The way they look at it is it isn't their problem if she cannot reach her ex, they simply won't give her the visa until what is broken is fixed. Best of luck and keep us updated.

**Update**

My fiancee dug through the dark corners of our place in Manila and found his contact info...THANK THE HEAVENS ABOVE!!! She was able to call and speak with him today, as was I. He is at least willing to help and fix the situation. He claims that he submitted (2) requests to withdraw previous petitions (he sounds like the visa fisher now...so all the comments about my Fiancee can stop...you know who you are). He is now married as well to another Filipina...seems funny enough. So it's proof that he did his part on his end, however he retained no paperwork or proof of dealing with this previous petition with my Fiancee about 3+ years ago. It's actually funny that we contacted him today while he is on his (1) year wedding anniversary...ironic if you ask me. He did take the time to speak with my Fiancee and I for a few minutes and I told him since he cannot provide any document with any case number or anything, that we will be calling USCIS together on Tuesday to sort sh*t out - he is will to play ball. I won't venture further into details because of his privacy, I'm just glad there is light at the end of the tunnel. I will be calling my Congressman's office again to speak with the Liason and update her about this. She told me yesterday that she already contacted the Console in Manila, as well as USCIS not to send the packet back in a diplomatic pouch. Speaking with her tonight I'll remind her again that it's very important that she reiterates that to them...although I'm sure she knows this.

I have one month left before out ticket to the USA. I'm hoping that I can call and light enough fires under people's @$$'s to push this through. Worst case scenario I can go to the Philippines on Dec 6th (as planned) and try to request an emergency Console meeting...HA...we will see where that goes. I think being in person though might help the situation.

Thanks to everyone for the insight. I didn't intend to be rude when I said I don't want sympathy - I just meant that I wanted the thread to turn into something that can be referenced later for other people in the same situation who are looking for advice and help. This problem and hold up has been extremely heavy for my Fiancee and I. The past few days have felt like someone put 1000 lbs on my shoulders and said, "Good luck." Sharing information is the best way to achieve progress. The #1 advice I can give anyone...GET YOUR CONGRESSMAN OR SENATOR INVOLVED IMMEDIATELY. Yes, they cannot solve all issues. BUT, if the issue is something they can solve...the sooner the better your chances are. A lawyer is good too, but regardless...time is of the essence and I cannot fully express how important it is to act quickly. If you allow that K1 petition to leave the Embassy in a diplomatic pouch...you can kiss it goodbye. It will possible take weeks to months to finally arrive in the US (passing through several Embassies on the way), and the depth at which it lays in the bottom of the stack will mean almost surely that your (4) month validity will all but vanish. If you involve the Congressman/Senator QUICKLY...and provide them with your info, case number and receipt number...they have the authority to pull it from the diplomatic pouch prior to leaving to the US. I am not making this up for people who are about to doubt me...this is what the Congressional assistant told me herself. This doesn't solve the issue...so don't think that. What it does do is allow you more time to make things work. It also allows them to use their influence and pull to request the CO to review the case himself again. The CO does his job...and that's it. He/She is trained that when they see two case numbers for the same person...finished...AP...no questions. They see 500+ people a day...frankly they don't care. With the influence of the Congressional office, they can push for a review and it will be a lot more efficient than sending back to the USCIS. My Fiancee will be able to return her Passport back to the embassy via the certified courier service...so them handing it back to her means nothing really. I refuse to include myself in the category of, "Well it happened to them...so..." I know each case is different, and if the CO even asked to see ANY of the 15lbs of paperwork that more than proves our rela over the past 3 years...he would know she is not "fishing for visas" or anything like that! He didn't even look. He saw two case numbers and that was it...again it's his job...so whatever.

I will update everyone again once we know something. I think it's looking good....hope so.

Edited November 14, 2013 by bigD1983

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

**Update**

My fiancee dug through the dark corners of our place in Manila and found his contact info...THANK THE HEAVENS ABOVE!!! She was able to call and speak with him today, as was I. He is at least willing to help and fix the situation. He claims that he submitted (2) requests to withdraw previous petitions (he sounds like the visa fisher now...so all the comments about my Fiancee can stop...you know who you are). He is now married as well to another Filipina...seems funny enough. So it's proof that he did his part on his end, however he retained no paperwork or proof of dealing with this previous petition with my Fiancee about 3+ years ago. It's actually funny that we contacted him today while he is on his (1) year wedding anniversary...ironic if you ask me. He did take the time to speak with my Fiancee and I for a few minutes and I told him since he cannot provide any document with any case number or anything, that we will be calling USCIS together on Tuesday to sort sh*t out - he is will to play ball. I won't venture further into details because of his privacy, I'm just glad there is light at the end of the tunnel. I will be calling my Congressman's office again to speak with the Liason and update her about this. She told me yesterday that she already contacted the Console in Manila, as well as USCIS not to send the packet back in a diplomatic pouch. Speaking with her tonight I'll remind her again that it's very important that she reiterates that to them...although I'm sure she knows this.

I have one month left before out ticket to the USA. I'm hoping that I can call and light enough fires under people's @$$'s to push this through. Worst case scenario I can go to the Philippines on Dec 6th (as planned) and try to request an emergency Console meeting...HA...we will see where that goes. I think being in person though might help the situation.

Thanks to everyone for the insight. I didn't intend to be rude when I said I don't want sympathy - I just meant that I wanted the thread to turn into something that can be referenced later for other people in the same situation who are looking for advice and help. This problem and hold up has been extremely heavy for my Fiancee and I. The past few days have felt like someone put 1000 lbs on my shoulders and said, "Good luck." Sharing information is the best way to achieve progress. The #1 advice I can give anyone...GET YOUR CONGRESSMAN OR SENATOR INVOLVED IMMEDIATELY. Yes, they cannot solve all issues. BUT, if the issue is something they can solve...the sooner the better your chances are. A lawyer is good too, but regardless...time is of the essence and I cannot fully express how important it is to act quickly. If you allow that K1 petition to leave the Embassy in a diplomatic pouch...you can kiss it goodbye. It will possible take weeks to months to finally arrive in the US (passing through several Embassies on the way), and the depth at which it lays in the bottom of the stack will mean almost surely that your (4) month validity will all but vanish. If you involve the Congressman/Senator QUICKLY...and provide them with your info, case number and receipt number...they have the authority to pull it from the diplomatic pouch prior to leaving to the US. I am not making this up for people who are about to doubt me...this is what the Congressional assistant told me herself. This doesn't solve the issue...so don't think that. What it does do is allow you more time to make things work. It also allows them to use their influence and pull to request the CO to review the case himself again. The CO does his job...and that's it. He/She is trained that when they see two case numbers for the same person...finished...AP...no questions. They see 500+ people a day...frankly they don't care. With the influence of the Congressional office, they can push for a review and it will be a lot more efficient than sending back to the USCIS. My Fiancee will be able to return her Passport back to the embassy via the certified courier service...so them handing it back to her means nothing really. I refuse to include myself in the category of, "Well it happened to them...so..." I know each case is different, and if the CO even asked to see ANY of the 15lbs of paperwork that more than proves our rela over the past 3 years...he would know she is not "fishing for visas" or anything like that! He didn't even look. He saw two case numbers and that was it...again it's his job...so whatever.

I will update everyone again once we know something. I think it's looking good....hope so.

I am elated to read that he is doing well.

By the way, I know you know that USC cannot get a US visa, so he can't possibly be a visa chaser.

[N-o-l-a 7,168]

I'm glad that the ex was found and now that he is married the original I-129F is invalid because one party is not free to marry.

I don't see why they are being so difficult about this, but our I-129F was difficult to cancel - I wrote a letter, they ignored it, and eventually had to get the embassy and NVC involved to get it cancelled because we were already married. It took 4.5 months to finally get it cancelled and only then did they do it because it was expired. I'm confused as to whether this I-129F was approved or an RFE was issued? Either way shouldn't it have expired by now?

We did however get a CR1 visa with an open I-130 in the works. They ended up approving that I-130 a while after we had already made POE on the CR-1.

Our case is slightly different because the petitioner was the same across the board, but I'd like to encourage you to keep pushing at this until you get the solution you want.

[bigD1983 5]

I am elated to read that he is doing well.

By the way, I know you know that USC cannot get a US visa, so he can't possibly be a visa chaser.

Oh really...wow...crazy...

I know...it was meant to be a joke...I got a little frustrated at comments prior (and other posts) that people assume automatically a K1 applicant (from ANY country) with multiple petitions is a visa chaser. I understand and appreciate the fraud laws and protections in place...and I'm grateful for that. But one size does not fit all.

By law, a petition may only be withdrawn by the USC...so...how can it possibly be the applicants fault if she fell in love with two men...YEARS apart??? I mean come on...how many people have we been in love with throughout our lives?? Anyone that says one...don't reply...useless to lie...

So since she could not have influenced the cancellation of the previous petition by any means (other than telling him to, but she cut him off after they broke up)...how is every girl with multiple K1's a visa chaser?? She never anticipated being with another American again...or even in the first place. By chance we met and 3 yrs later...boom...problem. It just makes me mad, that's all. Not all square pegs fit in the round holes...not everyone can be bunched together. As I said before, the CO does this kind of grouping and it's unfair. He saw two case numbers and immediately assumed without even asking to see any of her proof. In my mind, he didn't do his job fully. His job is to review and see if the rela is bonafide...and so on. Sending EVERYTHING back to the USCIS is extremely inefficient. The only way to get the CO to review this is get the Congressman/Senator involved ASAP. YES I KNOW they cannot fix everything. However they can make things happen before things get worse. Sometimes that's all you need. IF the CO even did his job...ya well...I could blab on...but I won't...

More or less he is a Pinay chaser...we all know there are enough of those guys around! Again, it was meant to be a joke. Ya, I guess jokes are taken in wrong context by some. Calling him a Pinay chaser as well is a joke...in case anyone needs clarification.

[bigD1983 5]

I'm glad that the ex was found and now that he is married the original I-129F is invalid because one party is not free to marry.

I don't see why they are being so difficult about this, but our I-129F was difficult to cancel - I wrote a letter, they ignored it, and eventually had to get the embassy and NVC involved to get it cancelled because we were already married. It took 4.5 months to finally get it cancelled and only then did they do it because it was expired. I'm confused as to whether this I-129F was approved or an RFE was issued? Either way shouldn't it have expired by now?

We did however get a CR1 visa with an open I-130 in the works. They ended up approving that I-130 a while after we had already made POE on the CR-1.

Our case is slightly different because the petitioner was the same across the board, but I'd like to encourage you to keep pushing at this until you get the solution you want.

Glad to hear your situation worked out. Yea, it's a little different than mine - however it still magnifies the issue that USCIS is extremely inefficient at canceling previous petitions.

You mentioning that you wrote multiple letters to cancel...and then still nothing...makes a little sense. When I spoke with the ex, he mentioned he sent (2) letters to withdraw the original petition. When I asked if he had any proof...nothing. I asked if he even had one of both of those letters he sent...nothing. Can anyone tell that I love the word USELESS by now??? HAHA!

Anyhow, still mind boggling to me that he was yet able to apply for another K1, get it...and now be married to another Pinay...totally insane. NOW...I'm the one with issues because of his sh*t past. Totally depressing scenario. I wouldn't wish this on any of my enemies.

[Darnell 8,479]

It's a good thing the ILS Human was able to do something.

IMO, the ILS human should be able to do more, as well.

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

Glad to hear your situation worked out. Yea, it's a little different than mine - however it still magnifies the issue that USCIS is extremely inefficient at canceling previous petitions.

You mentioning that you wrote multiple letters to cancel...and then still nothing...makes a little sense. When I spoke with the ex, he mentioned he sent (2) letters to withdraw the original petition. When I asked if he had any proof...nothing. I asked if he even had one of both of those letters he sent...nothing. Can anyone tell that I love the word USELESS by now??? HAHA!

Anyhow, still mind boggling to me that he was yet able to apply for another K1, get it...and now be married to another Pinay...totally insane. NOW...I'm the one with issues because of his sh*t past. Totally depressing scenario. I wouldn't wish this on any of my enemies.

Why do you insist on dragging this poor Guy through the mud?

He has no responsibility towards you and he took care of his own side of the issue.

[bigD1983 5]

It's a good thing the ILS Human was able to do something.

IMO, the ILS human should be able to do more, as well.

Agreed! I'm curious how the USCIS allows petitions to be approved and pass through...then along to the next step @ NVC...yet they have multiple pending petitions?? Are they checking anything?? I understand I would be at the same position I'm in now...but at least I would have been there months ago...and not a month before my vacation to see her..and then fly to the US.

I find it extremely CRAZY beyond anything that EVERY agency in this process allows our petition to flow through the system and then once she arrives at the Embassy window, she is embarrassed in front of 500+ people in the room....totally useless. The last step...then...oh wait...

USELESS!!!

The ILS has been great. I just spoke with her again right now. She said she sent two notifications to them yesterday but there hasn't been a reply yet So we will just keep waiting. I will not speak to my Fiancee's ex again until Tues when we will conference with USCIS to try to remedy from that angle. The ILS gave me her blessing to call the CO tomorrow in Manila (not that she needed to, but still) and told me that it might help to reach them faster and more directly. She is trying to contact any liaison she knows to ensure our petition doesn't leave the Embassy.

[bigD1983 5]

Why do you insist on dragging this poor Guy through the mud?

He has no responsibility towards you and he took care of his own side of the issue.

What are you talking about?? Dragging him through the mud?? How am I even doing anything remotely close to that?? Well, first off - I'm not. Second, he has a moral responsibility to help (not that anyone seems to care about morals anymore!). While you may be right...he doesn't HAVE to...but I never put a knife to him, threatened him, nor did I speak negatively to him at all. I wasn't aware there were sides to K1 petitions? If the petitioner "cancels" his petition, and marries another woman...great...more power to him. It's supposed to cover ALL...not half...or one side of the petition. So you mean that if the US Citizen cancels their petition, they can move on...but the applicant can never again apply with another US Citizen? That doesn't make sense at all. The applicant has no power to withdraw the petition...as I tried this. EVERYTHING has to come from him only. Obviously the situation was NOT fixed and his "side" was not completely handled...or else my Fiancee would be getting her passport back in a few days with a visa in it. Matter of fact, after my Fiancee called him initially, he insisted on speaking with me and trying to resolve the issue since I am the other petitioner. I have to be honest and say that he was more willing to help than I anticipated.

He also mentioned that he is willing to help because he does not want to be the reason my Fiancee and I cannot be happy. Again, he is happily married himself.

I don't think you fully grasped the situation. Perhaps you were reflecting on how you would feel if another man called you up and asked for assistance in withdrawing your petition with your ex-Fiancee (his current one)?? Maybe - I now have pity on that man if that ever happened - he is screwed. Either way...I don't feel I am dragging him in the mud at all...nor did he ever give off that vibe at all.