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Spuntino

Filing a CR-1 with an active K1 from ex boyfriend who cannot be contacted

By Spuntino in IR-1 / CR-1 Spouse Visa Process & Procedures

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Spuntino Rookie

Spuntino   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

I recently married my Filipina girlfriend and we are going to be filing for a CR1 visa soon once we I get back home to the US. The problem is that she had a previous petitioner who had filed a K1 visa application for her and it was never closed. The application process went all the way up to the embassy interview and she never showed up. Their relationship ended really bad because he used to abuse her mentally and physically. She has tried to contact him to get him to cancel the old K1 visa application and he is unresponsive. He has Blocked her on almost all lines of communication and based on what she has told me, if she did get him to respond to her he most likely wouldn't cancel the application just to spite her.

We had sent a letter to the embassy in Manila and to the service center in Texas telling them her story of how he used to abuse her and threaten her life. We asked them to withdraw the application in the letter as well. She recently received an email back from the embassy staying that they have taken note of her wish to not go forward with the visa but her ex still needs to write them a letter to cancel it.

Is the open k1 visa going prevent us from getting the CR1 approved? Are there other options or steps we can take to get the old K1 visa closed without her ex or ways to prevent it from preventing our cr1 visa from being approved?

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

If it's been more than 4 months since the NOA2 then the petition is dead anyhow. approved I-129F have a shelf life, unlike the I-130.

However include a statement with your I-130 paperwork stating the issue and preferably the case number for the old file.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Spuntino Rookie

Spuntino   0

Posted
Filed: IR-1/CR-1 Visa Timeline
  • Author
Posted

If it's been more than 4 months since the NOA2 then the petition is dead anyhow. approved I-129F have a shelf life, unlike the I-130.

However include a statement with your I-130 paperwork stating the issue and preferably the case number for the old file.

Thank you for the quick response! That's great news! Now we can stop stressing about this and just proceed.
Max! Enthusiast

Max!   10

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

You can also track previous K1 and if it says Sent back to USCIS then it's closed / expired.

But like other suggested write letter explaining with i130

Want to Speed up NVC Process ?


Check Guides From Guide section for doccuments and list of stuff and follow this steps


Step 1 After USCIS NOA2 Gather all AOS / IV Package Documents In 3 weeks


Between USCIS Approving and NVC Case Number you have 2 to 3 weeks gather all AOS and IV Documents Get package ready.


Step 2 Obtain NVC Invoice and Case number.


​After 2 weeks of NOA2 Keep on Calling NVC every day to get case number And Invoice number


Step 3 Pay First Fee and DS261


After getting NVC Case Number and Invoice Number Log in to webpage Pay First Fee and Fill out DS261 Takes 24 to 38 Hr to get fee status paid.


Step 4 Conform Agent / Ds261 Over Phone and Sent out Documents


Once First fee turns Paid Online ( Usualy 24 to 48 hr) Call NVC And conform choice of agent over Phone If they won't keep on calling them Until someone will Or other fee won't be unlocked.Also Once you get Welcome letter on email Print out Document Checklist sheet And Sent in your documents to NVC


Step 5 Pay Other Fee and Fill out DS260 (Total time from DS 261 to here should be no longer then 15 days )


​Step 6 Conform Document delivery AT NVC And Ask them Processing Time..


Step 7 Check For CC ( Hopefully no REF )


Call them every other day 2 weeks from DS260 and Check status.. Also Check Online NVC Page If you have 3 N/A your case Complete! Congratulation you are almost done.


Step 8 48 Hr After CC Conformation Call NVC For appointment for interview


Congratulation On your NVC CC AND Good Luck with Interview




Need Help? Feel free to contact me Or Post in appropriate forum section


​Like my suggestion ?


Rep would be nice for help.


Help other and spread Knowledge!

 
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