What happens to old K1 Fiance Applications?

[Emily and Nathan 39]

Hi-

So here is the gist- almost 2 years ago.. I was seeing someone in the US military ( I am Canadian ).. He got transferred to a different state so we decided the only way for us to really stay together was to file for the fiance visa.. It was a stupid decision. It would have never worked out.. He was pretty aweful to me. Anyways.. when he got back from deployment, he had severe PTSD and refused to get treatment.. So I ended the relationship.

I have since written multiple letters and called the USCIS.. asking to cancel that petition. But they won't even talk to me about it since I'm not the petitioner.

I have asked my ex to call.. but he was until recently .. deployed.. and can't stay on hold for hour hold time that it usually is.. And now that he has returned.. He won't even speak to me.. and I doubt has done anything.

The reason why this matters is I am in an amazing, happy relationship now.. and we have just submitted our I-129F package..

I'm worried that it will have some kind of impact..

I don't think it will because.. really it is his responsibility to cancel it.. legally I can't do anything is what they tell me when I call.

So- ya... Just wanted to see if anyone had any insite on this...

And secondly.. just curious.. if I change employers in the time that is takes to have this application go through- as the beneficiary do I have to.. and how do I update my emplioyment info? Would my fiance- the petitioner have to call? etc.

Thanks.

Em

[clairegie 265]

It would severely impact your application. your ex MUST cancel the first petition or your 2nd one will not be accepted during the consular phase. I am sure you have done everything you can to make him cancel it, unfortunately, this is what must be done.

[Iyawo Ayodele 4]

her ex fiance's petition was almost two years ago she said, If neither she or her husband continued the application, it would have been denied and closed long ago, the file is very very likely to still be there, though, so she will have to be honest and tell them about it, and as much identifying information as she can to help them locate it. telling them the truth is absolutely necessary as any lie they catch you in will cause a denial of your current app.

So Yes, it will affect your current application, they will be aware that this is your second application, and will most likely have your letters to them in that file, but wether its a neg impact, or just nutral, is up to them, to minimize any possible neg. impact, just tell them the circumstances of your decision to leave guy1 and the bonified relationship you are in now, and it will work itself out. contrary to popular belief, its reported that the ones making the decisions on these cases are, in fact, totally human. even if they are gov employees.....

Edited December 17, 2013 by TeresaKM

[clairegie 265]

Doesn't matter how long ago it was or if it was not pursued. If it was not cancelled by the petitioner, it is still pending.

[Emily and Nathan 39]

re-

Posted 16 December 2013 - 06:40 PM

It would severely impact your application. your ex MUST cancel the first petition or your 2nd one will not be accepted during the consular phase. I am sure you have done everything you can to make him cancel it, unfortunately, this is what must be done.

Ok- So you this had me FREAKING out.. To say the very least.

I called USCIS.. Even though I know they won't tell me anything about my previous application.

I messaged me ex AGAIN- asking him to cancel the old app.. and since he changing his mind daily about having me blocked or not on facebook- I'm not sure it will go through.

USCIS- Said that it shouldn't have a big impact.

They said the only thing I can do is put through the new application - which we already did earlier this month- and see what happens.

He said I was right- there is absolutely nothing I can do.

He said if I received a NOA1- which I did.. that chances are it should be fine.

Hopefully.. this is true.. I'm just going to pray..

I feel like.. It can't automatically be cancelled... I can't be the only person in the history of the world that has had a bad breakup where their ex wants to do everything and anything to make things difficult for them.

I understand if he broke up with me - that he would call right away and cancel it.. but since I broke up with him.. he wants to be all bitter about it.

I'm not sure that I mentioned it- but he moved right after filing the K1.. and never even received the receipt.. or NOA1..

I'm really praying that I get a chance to explain myself to the powers that be..

This is such a crappy situation.

[milimelo 4,598]

Venture over to the Philippines forum and you'll see couple of topics on this.

What happens is that petition makes it fine through USCIS with approval but consular people give you 221g for having the second petition still in the system - they won't approve and issue visa until this has been dealt with.

Can't you have someone go talk to the ex-fiance with a prepared letter that he just needs signed and mailed to USCIS? It's literally couple of sentences: I, name, DOB, petitioner of the I-129f petition XXXnumber, hereby request cancellation of this petition. Signed, dated, sent. It would go to the same service center you send I-129f petition to and that's listed on your NOA1 notice.

[Emily and Nathan 39]

Venture over to the Philippines forum and you'll see couple of topics on this.

What happens is that petition makes it fine through USCIS with approval but consular people give you 221g for having the second petition still in the system - they won't approve and issue visa until this has been dealt with.

Can't you have someone go talk to the ex-fiance with a prepared letter that he just needs signed and mailed to USCIS? It's literally couple of sentences: I, name, DOB, petitioner of the I-129f petition XXXnumber, hereby request cancellation of this petition. Signed, dated, sent. It would go to the same service center you send I-129f petition to and that's listed on your NOA1 notice.

I don't know what 211g means? Is that a form?

I called USCIS again today.. because I'm still worried sick about this.

They said to call the US Consulate in my area and ask them.

They don't answer questions by phone.. so I emailed them.

I messaged my ex again like I said- so hopefully he follows through..

It is just awful that I myself can't cancel it- yet if it isn't cancelled, I'm found responsible for it not being cancelled and suffer the consequences.

Sigh- another reason to regret dating my ex.

[Emily and Nathan 39]

PS- My message to my ex "Please Call them Peter and do whatever you need to have it cancelled, I'm begging you."

His Response "The US does not negotiate with Terrorists."

Like this is the type of person I'm dealing with.

I could just scream.