K1 visa denied in ghana because old ex husband petition never cancelled!

[Ghana1987 0]

Hello,

I have a few questions for those who can help me.

in 2013 I got married in the United States to now my ex husband. A few months into our marriage he lied and left to Mexico. He was illegal so I filed the I-30 and started his immigration process from the states. a few months later I realized he had another family in Mexico and was cheating on me. so in 2014 I went to Mexico hoping to get him to sign the divorce. Took me several months for him to finally sign the divorce. His immigration process continued all the way to setting him an interview date for Cuidad Juarez Embassy but he never appeared since by then we were already separating. My ex husband never wanted a visa to the states or to live in the USA. He purposely left to Mexico hoping I would follow him but I couldn't so in the end we divorced. Our divorce was finalized in May 2015. I did his I-30 in November but it was approved July 2014. his interview was for the date of Feb 2015 but he never went nor did he want to.

Truthfully I was in the divorce process since October 2014 and we had been living apart since September 2013 for those who wish to know.

in late February 2015 as my divorce is in the process I met a wonderful Man who is now my fiance. In September I went to Ghana to met him and his family and stayed with them for 3 weeks. I had a wonderful time and we fell in love. that November I start the K1 visa for him not realizing my ex husband I-30 Petition is still active so I got an RFE. I answered the RFE and a month later his I-30 was approved from USCIS and then moved to the NVC then onto the Ghana embassy who scheduled my Fiance his k1 visa appointment for July 19, 2016. I attended my Fiance appointment with him but was not let inside the building although We called the embassy and emailed them. I also made sure to show lots of proof of me trying to cancel my ex husband petition. I truly did a lot of work trying to cancel it. I had receipts from the post office sending mail to the embassy in Mexico and to the USCIS who approved my ex husband petition. I also included fax documents and email chats I had with department of state and USCIS and Mexico embassy showing they all received my petition to cancell.

I have been working hard to cancell that petition since January 2016 when I received my first RFE.

I even went into my embassy in the states twice to do the infopass trying for them to help me cancel the petition. I sent notarized withdrawal letters and copies of the divorce documents. I even went to a lawyer to get advise on how to cancel it and was told I am doing everything correct. I called USCIS, NVC and Mexico embassy. I have tried everything I can to get my ex husband petition cancelled. Truthfully I'm a bit surprised his petition is still active since Its been over 2 years that it was approved and almost 3 years since I filed for him.

I even have evidence that they received my emails and responses that they received my petition to withdraw. I also put tracking on the post office mail i send to mexico embassy and USCIS in Texas. My fiance showed all this evidence to the lady who interviewed him and explained we were trying to get it cancelled. The consular who interviewed my fiance was nice and apologized to my fiance but denied him the visa and told him it was because I was considered a married women and we chatted while I was married and then told him that She is sorry she cant grant him a visa but that I cant have two I-30 approved and they must deny his. MY fiance said we showed her the divorce decree and evidence and she acknowledge it but then denied it and said sorry.

Truthfully my heart Aches. I was told the Ghana embassy is really tough. I presented amazing evidence of our relationship I have no doubt everything was in order. I believe they just wanted to deny us since I am considered a multiple filer.

My fiance is amazing and we truly do love each other so please no harsh judgment.

I hate that I petitioned for my ex husband before and hate that my fiance was denied because of me.

Tears just keep falling off my eyes since I don't know what to do now?

how to proceed? do we do the CR1? refile for the K1 visa? can I fight this since I feel it unjust to be denied for something I cant control? I have done everything to cancel that old petition and still no one has done it?

I was told to talk to my senator and see what they can do. I'm just afraid more time will pass until my fiance can come to the states with me. I'm hurting really bad especially knowing that even If I try to do the visa application again we might be denied because no one seems to know how to cancel my ex husband petition.

The Ghana embassy also took all of our original documents and all the evidence of our relationship. This also makes me really sad since I was foolish not to save all the evidence. they have my old flight tickets and receipts and most important the original proof of me trying to cancel my ex-husband petition. I was told the Ghana embassy will send the documents back to USCIS with our case and I could request it from them. But I worry USCIS will never return that evidence since they cant even cancel and old petition of 2+years ago.

this was the denial letter my fiance got.

We are unable to issue a visa in the above mention case because the applicant has been found ineligible

under section 221(g) Immigration and Nationality Act... etc.

Please those who know anything that I could do please advise me. I went to my lawyer that I have used in the past and he is surprised I was denied for something I have send request to withdraw. I'm still trying to figure out what to do. I don't want to let time keep wasting. I need my fiance at my side.

Please and thank you.

[soulstriker 274]

hmm well either way the time it takes him to come here will def be longer ,you should probably focus on making sure that old case is canceled before doing anything else , and even after that ghana embassy may still look at you funny for having a total of 3 cases petitioned if u were to do a CR1, CR1 takes about a year or more but i t seems that would be the best route to go, but unitil u can verify that the old case is not active id not make any more moves at the time

[Anitafeliz 1,133]

Ghana is a tough embassy from what i read on here.

First you were seperated from 2013 yet schedueled and interview 2015 according to your statement so Ghana is also seeing this timeline. You answered an RFE for Mexico case or Ghana?

Edited July 26, 2016 by Anitafeliz

[Ghana1987 0]

Ghana is a tough embassy from what i read on here.

First you were seperated from 2013 yet schedueled and interview 2015 according to your statement so Ghana is also seeing this timeline. You answered an RFE for Mexico case or Ghana?

We married march 2013 but in September 2013 My ex husband made a lame excuse to go to mexico. I then start his process in November 2013. I was oblivious and hoping for the best but then in October 2014 I go to Mexico and find him cheating and start the divorce process that took forever. I was told that his petition will cancel out on it own if he fails to appear to his interview. that is why I never did anything about it before. My ex husband case took forever and his interview date came late and we ignored it thinking it will cancel. I never meant to fall in love again and never thought I would be petitioning anyone else that is why sadly our case has a red flag. I know I need to somehow cancel my ex petition but I don't know what else to do?

and even if it were to get cancelled soon then what is my next step for my fiance? resubmit k1 or do the cr1?

[Ebunoluwa 6,136]

You can not do a thing for your returned K1. The CO was wrong for refusing the visa and you did all you could and had evidence

to prove it.

Yes, it was extremely foolish to not have made copies and you should have insisted on getting all your originals back while you were

in Ghana even though they did not allow you to be at the interview.

Now it is time to plan for the future, marry and file a I-130 for a CR1. It will take 12-18 months.

We were also refused a K1 and I filed again and he was approved, it took us 5 years but we are together and happy now, so

yes it will be a long time but if this is what you both want then go for it and don't focus on the time it takes but on your relationship.

Visit at least 2-3 more times or stay for several months if you can.

Frontload the new petition with every scrap of paper you can find that proves a bona fide relationship.
Include all you can find about the previous cancellation, emails, requests etc.
Include a detailed timeline letter of what occured when, bullet style, first petition date, separation, divorce initiate and finalized,

new relationship, when met, visit, filed and result of interview.
Attach evidence of everything you have to prove what you say.

Once again request that the previous petition will be closed in a simple letter (and in the timeline letter).

I am confident that if you do this and there are no other issues, that the petition will be approved and the CO will approve

the visa.
You wanted to know what if they refuse to issue the visa again, well CR1's, (I-130) when returned are reviewed and re affirmed

and send back to the embassy with recommendation to approve whereas K1's (I129) die the death of expiration.

Go forward with confidence and know that in about 18 months or so you will be together.

The CO was wrong if your fiance heard correctly :

CO said you were married when chatting with your current fiance. You had proof that

you were separated with divorce in process at that time though not finalized. You did not marry again while still married but chatted.
There is nothing wrong with that.
CO said you can't have more than 2 petitions approved, yes you can as long as the previous is closed out which you requested.

Yes, USCIS will receive all your originals from the embassy in your file and review them but it would have been better to have them

in your possession to move forward and include them in the next petition but it has happened before and worked out fine.

Best wishes for a successful second petition, you can do this !

[Ghana1987 0]

Thank you so much for your kind words. The CO was a bit tough on my fiance and kept telling him I was a married women and asked if this was what our religion was about since she found it appalling that we met while I was still married. My fiance told her it took me months to try to get a divorce but the CO just ignored it and then asked why I stayed with his family and if we shared a bed, etc etc.

who knows why? but we were honest and he told her that WE did communicate while I was married but weren't official until my divorce was granted and we had evidence proving it.

I did try hard to get my evidence back. I was told that they are reviewing the files and to come back the next day. WE showed up the next day and the computers were down and the Ghana embassy told me that I cannot get the files back yet since they don't know if the CO finished reviewing everything or not.

I asked if I could come back later or the next day and they told me no since it was the weekend and they don't work weekends. and on Monday I flew back to the USA.

I did however get an email from the Ghana embassy that they will call my fiance to pick up the documents. I hope and pray its true and that we get it.

I did try hard to get the evidence back and almost got it back the day the computers were down since the lady at the gate took compassion and went in to talk to a CO about getting the evidence back but was told that they would have given it to me but they needed to verify with the first CO to make sure she was done with it.

You can not do a thing for your returned K1. The CO was wrong for refusing the visa and you did all you could and had evidence

to prove it.

Yes, it was extremely foolish to not have made copies and you should have insisted on getting all your originals back while you were

in Ghana even though they did not allow you to be at the interview.

Now it is time to plan for the future, marry and file a I-130 for a CR1. It will take 12-18 months.

We were also refused a K1 and I filed again and he was approved, it took us 5 years but we are together and happy now, so

yes it will be a long time but if this is what you both want then go for it and don't focus on the time it takes but on your relationship.

Visit at least 2-3 more times or stay for several months if you can.

Frontload the new petition with every scrap of paper you can find that proves a bona fide relationship.
Include all you can find about the previous cancellation, emails, requests etc.
Include a detailed timeline letter of what occured when, bullet style, first petition date, separation, divorce initiate and finalized,

new relationship, when met, visit, filed and result of interview.
Attach evidence of everything you have to prove what you say.

Once again request that the previous petition will be closed in a simple letter (and in the timeline letter).

I am confident that if you do this and there are no other issues, that the petition will be approved and the CO will approve

the visa.
You wanted to know what if they refuse to issue the visa again, well CR1's, (I-130) when returned are reviewed and re affirmed

and send back to the embassy with recommendation to approve whereas K1's (I129) die the death of expiration.

Go forward with confidence and know that in about 18 months or so you will be together.

The CO was wrong if your fiance heard correctly :

CO said you were married when chatting with your current fiance. You had proof that

you were separated with divorce in process at that time though not finalized. You did not marry again while still married but chatted.
There is nothing wrong with that.
CO said you can't have more than 2 petitions approved, yes you can as long as the previous is closed out which you requested.

Yes, USCIS will receive all your originals from the embassy in your file and review them but it would have been better to have them

in your possession to move forward and include them in the next petition but it has happened before and worked out fine.

Best wishes for a successful second petition, you can do this !

[Ghana1987 0]

Ghana is a tough embassy from what i read on here.

First you were seperated from 2013 yet schedueled and interview 2015 according to your statement so Ghana is also seeing this timeline. You answered an RFE for Mexico case or Ghana?

I answered the RFE for my fiance to get his I-29F petition approved and it was approved after they saw proof of me trying to cancel it.

[Ghana1987 0]

Congrats on you and your visa approval! 5 years is a long time. I know time is of little importance when you think of the eternal prospective but it still hurts. I'm glad to know yours had a happy ending.

question? when you say to do a second petition do you mean k1 visa or cr1? I don't know what is my best option?

Also I got good news from NVC and USCIS.

My petition to withdraw my ex husband petition is finally back with USCIS office and no longer with the embassy in Mexico. I guess its been with them since April 7, 2016 but yet no one has seemed to cancel it yet. I was told to schedule another infopass appointment. hopefully this time they truly can help me out. I was also advised to ask the consular to note my file so that when my fiance Visa petition comes back to them from the Ghana embassy that they can re-affirmed the decision and send it back to the embassy so I wont have to pay another visa fee or resubmit another petition but that they would see why it was denied and if it was denied because My ex husband petition was active then they would send it back to Ghana to reschedule my fiance an interview and then we will get our second chance. But here goes to high hopes?

You can not do a thing for your returned K1. The CO was wrong for refusing the visa and you did all you could and had evidence

to prove it.

Yes, it was extremely foolish to not have made copies and you should have insisted on getting all your originals back while you were

in Ghana even though they did not allow you to be at the interview.

Now it is time to plan for the future, marry and file a I-130 for a CR1. It will take 12-18 months.

We were also refused a K1 and I filed again and he was approved, it took us 5 years but we are together and happy now, so

yes it will be a long time but if this is what you both want then go for it and don't focus on the time it takes but on your relationship.

Visit at least 2-3 more times or stay for several months if you can.

Frontload the new petition with every scrap of paper you can find that proves a bona fide relationship.
Include all you can find about the previous cancellation, emails, requests etc.
Include a detailed timeline letter of what occured when, bullet style, first petition date, separation, divorce initiate and finalized,

new relationship, when met, visit, filed and result of interview.
Attach evidence of everything you have to prove what you say.

Once again request that the previous petition will be closed in a simple letter (and in the timeline letter).

I am confident that if you do this and there are no other issues, that the petition will be approved and the CO will approve

the visa.
You wanted to know what if they refuse to issue the visa again, well CR1's, (I-130) when returned are reviewed and re affirmed

and send back to the embassy with recommendation to approve whereas K1's (I129) die the death of expiration.

Go forward with confidence and know that in about 18 months or so you will be together.

The CO was wrong if your fiance heard correctly :

CO said you were married when chatting with your current fiance. You had proof that

you were separated with divorce in process at that time though not finalized. You did not marry again while still married but chatted.
There is nothing wrong with that.
CO said you can't have more than 2 petitions approved, yes you can as long as the previous is closed out which you requested.

Yes, USCIS will receive all your originals from the embassy in your file and review them but it would have been better to have them

in your possession to move forward and include them in the next petition but it has happened before and worked out fine.

Best wishes for a successful second petition, you can do this !

[Ebunoluwa 6,136]

Congrats on you and your visa approval! 5 years is a long time. I know time is of little importance when you think of the eternal prospective but it still hurts. I'm glad to know yours had a happy ending.

question? when you say to do a second petition do you mean k1 visa or cr1? I don't know what is my best option?

Also I got good news from NVC and USCIS.

My petition to withdraw my ex husband petition is finally back with USCIS office and no longer with the embassy in Mexico. I guess its been with them since April 7, 2016 but yet no one has seemed to cancel it yet. I was told to schedule another infopass appointment. hopefully this time they truly can help me out. I was also advised to ask the consular to note my file so that when my fiance Visa petition comes back to them from the Ghana embassy that they can re-affirmed the decision and send it back to the embassy so I wont have to pay another visa fee or resubmit another petition but that they would see why it was denied and if it was denied because My ex husband petition was active then they would send it back to Ghana to reschedule my fiance an interview and then we will get our second chance. But here goes to high hopes?

We had to do another K1 due to an even longer story but I advice you not to do a K1 in Ghana, marry and do a CR1.

Ghana refuses way too many K1's and it would be shaky the second time around as well.

It is not high hopes that you will be approved with a CR1, it is very doable and I would not worry at all.

Include the USCIS cancellation confirmation letter also in your petition and make copies of the entire package and then let your husband take it with him to the interview.

Be at the interview again, on the premises, have your husband tell them you are waiting outside and

I am sure all will go well. Most all CR1's are re affirmed.