Denied - Admin Review because of prior K1 petition

[David & Diana R 1,005]

What is wrong with you people to invent a romance novel gone bad just because someone is asking a specific immigration question ?

Slow day at the office or what ?

These speculations and assumptions are just that....assumptions from total strangers. Geez, give me a break and stick to the topic.

This is the guy that didn't want any sympathy. I think people were offering up some possibilities. Not sure that anyone was writing any romance novels here.

Edited November 19, 2013 by David & Zoila

[bigD1983 5]

This is the guy that didn't want any sympathy. I think people were offering up some possibilities. Not sure that anyone was writing any romance novels here.

Correct...what I meant was that I didn't want to hear, "Oh, I'm sorry to hear about this! Hope that it works out!"

That line is #######...and I see it all over the place on VisaJourney. I didn't think that by saying that I would get a bunch of A-holes making comments that are completely non-productive. At no point did I ever ask anyone's personal opinions of my Fiancee...maybe about our situation and what we can do...but not about her. I know her a lot better than anyone else would...so presumptions and negative stereotypes can move along.

...and no...people were not offering up possibilities. They were typing the first worst-case scenario that they could imagine. I already have my own romance novel with my Fiancee...and it will either end with living in the Philippines with her as her husband...or getting this situation worked out and going to the US to be married and start our life. We have both agreed we will move on with our life with either route. The negative people can p!ss off and find other people to shoot down...

...ain't happenin' here!

[David & Diana R 1,005]

Yes, and GOD Bless you both. Sorry you had to go through all of this.

[bigD1983 5]

So, not sure who is following this still...but here is the update...KEEP HOPE!

My Fiancé and I have been pursuing this for the WHOLE time...we never gave up. I ended up paying $100 to speak with a lawyer in San Diego, CA (I'll have to go back and find her name if anyone is interested). She was great and very helpful, although she couldn't wave any magic wands to make this happen - I understood that much. Her best advice was to hold on and keep getting every update I could. I was calling the USCIS and NVC about every week for the past (almost) 2 years!!! I kept on my Congressman's office as well. They were getting answers through their back channels a lot faster than I ever could. Eventually a new Congresswoman (Mia Love) come into office and I was transferred over another assistant. At first, I must admit I was a bit worried that it would fall off their "to-do" list and fade. Lucky for me I had a WONDERFUL person helping me - we will just call her T. Ms. T was always in contact with me, always replying back to me and never gave up checking up on my case. She has really been the star here! I HIGHLY recommend anyone having issues with their case to go to their congressman (or woman). Now, this route isn't for everyone. With our case (read the stuff previous), we knew we were good...no doubt about it. It was just a matter of getting the old petition out of the way and taken care of. We eventually go ahold of the ex-Fiance and had him sign a letter saying that he no longer wished to pursue the petition with my Fiance, and that he was already married to another K1 applicant. She scanned that letter and sent it to the US Embassy in Manila. From there (over quite a few months) the Embassy FINALLY realized their mistake and emailed the USCIS and NVC both to ask them to expedite the case back to the Embassy for immediate processing. My Fiance got a letter as well saying the old case was cancelled. From there, the USCIS and NVC (for some random reason) kept passing the case back and forth throughout 2014 and into 2015 - I still don't know why. I called and asked (as well as Ms. T) and they never have a reason. Eventually the petition made it back to the Embassy in Manila and my Fiance got another email telling her to basically do the medical again, background, CENOMAR, etc. We scheduled the interview on October 21st 2015...and...PASSED! I even flew from my work in Afghanistan to Manila for 2 days just to be there this time! I wanted to make sure there was no more **** happening! The consul was VERY nice and we joked a bit about the whole thing. He could see we had MORE than enough evidence (my Fiance worked sooo hard on all the relationship proof!), and he said, "Ok, looks like I will be able to approve this later this afternoon." MUSIC TO MY EARS!!! My Fiance and I went back to our hotel (Miramar hotel across the street, highly recommended), and shouted for joy! Mostly in shock, we still couldn't believe we had held on and completed what we started! She just picked up her visa from 2GO the other day and now physically has her visa with her. We will head to the US in a couple months to get married and start our life! Moral of the story! Don't give up until there are literally no options left! When it feels like you can't do anything...sometimes that's true...but hang on..have patience and wait it out...it will work...it just takes time. Good Luck Everyone! D

[TBoneTX 46,067]

Thanks for your update with the good news, and commendations for your persistence.

[LionessDeon 2,060]

Amazing story! Never heard of a K1 being kept open for so long. I'm so happy you finally have a great ending to such a difficult journey. Blessings!

Amazing story! Never heard of a K1 being kept open for so long. I'm so happy you finally have a great ending to such a difficult journey. Blessings!

[Ebunoluwa 6,136]

Thanks for the update. Man what a super long time this took for the embassy to realize their mistake and to re call the petition.

If you would not have fought hard like this you would have had to start over because K1's don't get reviewed unless a clear mistake had been made by

the consulate and you had a swarm of a 'senator/congressman/lawyer' posse to help.

I still don't know who really dropped the ball when, for future references.

K1's 4 months validity expire and what is there to withdraw after that time ? It is dead. So someone evidently didn't close it out at USCIS and the CO
didn't see it either and the 2 year back and forth happened, this should have taken 5 minutes to resolve not 2 years.

Why can't a beneficiary write a letter stating she is no longer interested in pursuing the previous (expired long ago) petition because blah blah.....

and thereby forfeit any benefits. If they would have decided to renew their relationship (just as an example here) and move forward with the K1 then they

would have said no you can't it's expired, start over. This is all such BS the way it was handled and I am trying to wrap my head around it.

USCIS and DOS really need some clear guidelines that actually will work.

I wish you both a super happy life together and kudos for the fight you put up !

[Tahoma 2,292]

bigD...Thanks for updating us about your amazing journey...and a big congratz to you and your fiancée!

The U.S. Embassy Manila and the USCIS must have finally realized that the previous K-1 petition had been withdrawn and they finally corrected their mistake. However, that doesn't explain why that process took so long. But, way to hang in there!

On a side note, I'm still wondering what a previously-petitioned K-1 beneficiary can do where the previous petition was never withdrawn and there's no way to contact the previous petitioner. That scenario appears to be a dead end for any subsequent petitions for the beneficiary.