Please Help!! My fiance was married before and his ex submitted a petition for him

[Papetica09 16]

8 CFR 205.1(a)(3)(i)(d)

§ 205.1 Automatic revocation.

(a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:

(3) If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:

(i) Immediate relative and family-sponsored petitions, other than Amerasian petitions.

(D) Upon the legal termination of the marriage when a citizen or lawful permanent resident of the United States has petitioned to accord his or her spouse immediate relative or family-sponsored preference immigrant classification under section 201(b) or section 203(a)(2) of the Act. The approval of a spousal self-petition based on the relationship to an abusive citizen or lawful permanent resident of the United States filed under section 204(a)(1)(A)(iii) or 204(a)(1)(B)(ii) of the Act, however, will not be revoked solely because of the termination of the marriage to the abuser.

Oh boy you are good at this ?!!! Thank you again! Some ppl should limit them self as to answer certaint questions, because all they do is confuse ppl even more... Thanks to ppl like you this website is what it is! Thank you again!! ?

[KayDeeCee 4,896]

Oh boy you are good at this ?!!! Thank you again! Some ppl should limit them self as to answer certaint questions, because all they do is confuse ppl even more... Thanks to ppl like you this website is what it is! Thank you again!! ?

You are welcome. No I-864 was submitted, no visa applied for, and they divorced, so the petition for a spouse was then dead. Besides, only the USC petitioner can withdraw a petition they filed. He cannot do that as the beneficiary. I have heard of cases where the couple was given grief about having an old I-129F petition that was never withdrawn, but I am not sure that would apply in your case since they divorced and an I-130 petition for a spouse could no longer be valid. Hopefully the USCIS and Dept. of State know the Federal Regulations under Title 8 and do not try and give you grief about the ex not withdrawing the petition. If they do, you can always explain and point it out to them.

That does not mean they won't grill him at the interview about his previous marriage and the petition that was filed for him, but you said you guys were already prepared for that. Just take all the evidence possible to his K-1 visa interview.

[Papetica09 16]

You are welcome. No I-864 was submitted, no visa applied for, and they divorced, so the petition for a spouse was then dead. Besides, only the USC petitioner can withdraw a petition they filed. He cannot do that as the beneficiary. I have heard of cases where the couple was given grief about having an old I-129F petition that was never withdrawn, but I am not sure that would apply in your case since they divorced and an I-130 petition for a spouse could no longer be valid. Hopefully the USCIS and Dept. of State know the Federal Regulations under Title 8 and do not try and give you grief about the ex not withdrawing the petition. If they do, you can always explain and point it out to them.

That does not mean they won't grill him at the interview about his previous marriage and the petition that was filed for him, but you said you guys were already prepared for that. Just take all the evidence possible to his K-1 visa interview.

Again thank you so much for taking the time to explain all these in details.... I'm sure this is information I will need at one point... As far as him being grill about his ex we are getting prepared for that cus we know I will come up at the interview. No doubts! But the better understanding of the regulations and procedures the better chance we have to over come any issues that may come up.