Previous Petition History

[wifehenri 0]

Do any of you have knowledge of the potential challenge presented by a beneficiary of a K-1 visa application having previously filed with a different petitioner?

Case example:

US citizen met man online and after 8 months begin talking seriously about marriage. US citizen then learns that fiance was the beneficiary of a previous K-1 petition with another woman within the past 12 months. Facts - More than one year has since elapsed from the date of the original I-129F petition; 11 months have elapsed since the date of the beneficiary's interview for said petition.

I have found information regarding a petitioner with a previous application, but am having a difficult time finding case history on the sucess of petitions when the BENEFICIARY has a history of a previous application.

Would appreciate any help or advice you can give!

[aussiewench 9]

There are quite a few members present and past who have had prior petitions and had no issues that I am aware of. I imagine there will or could be questions at interview stage but a prior petition should not affect you any regarding the visa being issued if all factors regarding elligibility are met.

Lorelle

[wifehenri 0]

Thanks, Lorelle!

[john_and_marlene 162]

What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

[wifehenri 0]

What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

Hi, John...Thanks for the response. At the original interview, beneficiary received the infamous 221g for proof of relationship. Based on my interrogation <giggle....but so true>, their relationship had already begun falling apart. Here are the elements of factual information I obtained: 1) he did not speak English (petitioner's native language) at the interview and did not respond adequately when the consular official questioned him regarding how he could have a relationship with the petitioner if he did not speak English. 2) there was a signficant age difference (more than 15 years; he is younger) and 3) petitioner did not have adequate means or evidence for support paperwork. The petition was returned to the US. The file was re-opened 5 months later and a letter sent to the petitioner indicating that proof of a valid relationship was required. No response was given and the file was closed by the USCIS one year from the date of the original application.

My primary concern is beginning a petition (HIS second, with a different petitioner) in close proximity to the "cancelling" of the first, and the potential impact, if any that may have on a successful second petition. Additionally, in his previous petition, the relationship my fiance had with the petitioner was VERY weak. I'm concerned about how it all looks on paper. I believe that he truly did NOT love the petitioner and was very ignorant of the law and rules surrounding the visa application process (operating solely on the advice of friends....ugh!!!). Needless to say, he is now 100% aware of the impact of his previous actions.

I'm just trying to educate myself about all of the challenges that I may face BEFORE I begin any paperwork. The consulate we will be dealing with has been difficult with most petitions they've processed recently. Lots of 221g's being issued for proof of relationship....and lots of administrative processing delays (seemingly unnecessary, according to petitioners).

Edited March 17, 2006 by wifehenri

[pax 0]

Is he from Morocco?

[john_and_marlene 162]

What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

Hi, John...Thanks for the response. At the original interview, beneficiary received the infamous 221g for proof of relationship. Based on my interrogation <giggle....but so true>, their relationship had already begun falling apart. Here are the elements of factual information I obtained: 1) he did not speak English (petitioner's native language) at the interview and did not respond adequately when the consular official questioned him regarding how he could have a relationship with the petitioner if he did not speak English. 2) there was a signficant age difference (more than 15 years; he is younger) and 3) petitioner did not have adequate means or evidence for support paperwork. The petition was returned to the US. The file was re-opened 5 months later and a letter sent to the petitioner indicating that proof of a valid relationship was required. No response was given and the file was closed by the USCIS one year from the date of the original application.

My primary concern is beginning a petition (HIS second, with a different petitioner) in close proximity to the "cancelling" of the first, and the potential impact, if any that may have on a successful second petition. Additionally, in his previous petition, the relationship my fiance had with the petitioner was VERY weak. I'm concerned about how it all looks on paper. I believe that he truly did NOT love the petitioner and was very ignorant of the law and rules surrounding the visa application process (operating solely on the advice of friends....ugh!!!). Needless to say, he is now 100% aware of the impact of his previous actions.

I'm just trying to educate myself about all of the challenges that I may face BEFORE I begin any paperwork. The consulate we will be dealing with has been difficult with most petitions they've processed recently. Lots of 221g's being issued for proof of relationship.

I can see where that would look bad on paper. You shouldn't have a problem getting the application approved but will probably face a very difficult time with the interview. I would be sure to have lots of good evidence ready to show the validity of this relationship.

[aussiewench 9]

What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

Is why I said 'if all factors regarding eligibility are met.'

[Yodrak 7]

wifehenri,

If I were you I'd be having a consultation with an immigration attorney who has experience with the consulate in question and knows the consular officers. I'd have my fiance there with me present to discuss the details of the past and present situations.

Yodrak

What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

Hi, John...Thanks for the response. At the original interview, beneficiary received the infamous 221g for proof of relationship. Based on my interrogation <giggle....but so true>, their relationship had already begun falling apart. Here are the elements of factual information I obtained: 1) he did not speak English (petitioner's native language) at the interview and did not respond adequately when the consular official questioned him regarding how he could have a relationship with the petitioner if he did not speak English. 2) there was a signficant age difference (more than 15 years; he is younger) and 3) petitioner did not have adequate means or evidence for support paperwork. The petition was returned to the US. The file was re-opened 5 months later and a letter sent to the petitioner indicating that proof of a valid relationship was required. No response was given and the file was closed by the USCIS one year from the date of the original application.

My primary concern is beginning a petition (HIS second, with a different petitioner) in close proximity to the "cancelling" of the first, and the potential impact, if any that may have on a successful second petition. Additionally, in his previous petition, the relationship my fiance had with the petitioner was VERY weak. I'm concerned about how it all looks on paper. I believe that he truly did NOT love the petitioner and was very ignorant of the law and rules surrounding the visa application process (operating solely on the advice of friends....ugh!!!). Needless to say, he is now 100% aware of the impact of his previous actions.

I'm just trying to educate myself about all of the challenges that I may face BEFORE I begin any paperwork. The consulate we will be dealing with has been difficult with most petitions they've processed recently. Lots of 221g's being issued for proof of relationship....and lots of administrative processing delays (seemingly unnecessary, according to petitioners).

[Kajikit 65]

sounds like you're going to have to work hard to prove to them that you have a real relationship and he's not just hunting for a greencard... but there's no law that says you can't fall in love with more than one American.

[wifehenri 0]

Is he from Morocco?

Yes....he is from Morocco.

[flipside 0]

What the he11 is up with Moracco?? A lot of crazy stories coming out of there.. sheesh

[pax 0]

The OP needs to be aware of that. Couples in Morocco without this particular beneficiary's history are having a very hard time right now, and a different K-1 app (with a different petitioner involved) less than a year ago isn't going to look too hot in Casa.

What happened in the beneficiary's interview for the first K-1? Was he approved or denied and, if denied, why? The answers to those questions are important to know here.

[iceyspots 0]

Even very legit marriages (having known eachother for a long time, not meeting online, hundreds of pictures, receipts, stamps, emails, phone records and clean criminal histories) are getting 221(g) in Morocco... You could try, but you're up for some problems with that consulate.

And if he didn't speak english at that time, honestly how much better could it get in a year? It took me at least 3 years to perfect the french language (including 6 months in a native speaking area). and this is between english and french not between arabic and english??

[sara535 15]

Unfortunately Casa seems to be really getting a reputation as high-fraud post, I'm not sure if its deserved or not. But I agree that this may raise some red flags. Not necessarily insurmountable but I think you should make absolutely sure every i is dotted and t is crossed in all your paperwork. He will certainly be questioned a lot about his previous petition as well as current relationship with you. I would spend some of the waiting time before the interview making sure he can answer everything thoroughly and calmly. Best of luck to you.