K1 Visa Refusal - Multiple petitions for same beneficiary

[mossycade 4]

K1 Visa Refusal - Multiple petitions for the same beneficiary - US EMBASSY MANILA

Refusal - Multiple petitions for the same beneficiary.

It is a huge looping trap.

The only way out without contacting a congressman is to have the old petition withdrawn in writing by the old petitioner.

The beneficiary has no rights in the withdrawal process. Basically, they do not exist in the process beyond refusal and all other petitions will be refused due to the old petition. The effect is like a lifetime ban from US entry

- The old petition has no expiration date or self-removal process that the USCIS, NVC, Dept of State or US Embassy will apply (so waiting will not help).

- The timelines and deadlines mentioned in the 129f instructions and other state department guidance will not be acknowledged (reason unknown).

- Information about the old case blocking your case will not be accepted due to the privacy act.

- No lawyer will be interested in taking your case.

Give USCIS a few tries for the record, document all feedback and appointments and then use that when preparing to submit your case to your congressman.

If you were refused during the interview, you have probably already waited about 180 days, so don't waste too much trying to explain the "logic" to the USCIS. They will read every rule and regulation, agree that you are right about expiration and timelines and then they will tell you there is nothing that they can or will do (even if the other petitioner is dead).

Bottom line...

Don't waste time with any of the organizations involved in the visa process once they tell you that there is nothing you can do. Do everything you can to convince the other petitioner to withdraw (set aside pride, ego or disputes), notarized in writing. If that is not an option, then save the time trouble and contact your congressman.

[Rc123rc 528]

Interesting since the NOA2 I-797 Clearly states a valid to from date such as 6/1/2016 to 9/30/2016. The interview needs to be done by then. The K-1 has a clearly printed expiration date. So, how far along in the process did the beneficiary get in the prior K-1 application?

[Ben&Zian 4,398]

Interesting since the NOA2 I-797 Clearly states a valid to from date such as 6/1/2016 to 9/30/2016. The interview needs to be done by then. The K-1 has a clearly printed expiration date. So, how far along in the process did the beneficiary get in the prior K-1 application?

But the NOA2 gets 'revalidated' does it not?

I have read over time that if nothing is done at the embassy level, like setting the interview, eventually it just "expires".

But also there have been threads on here where even after a year some petitions were sitting back at USCIS and caused conflicts with new petitions for the same beneficiary. Only way those got resolved were through original petitioner agreeing to write in and withdraw the old peittion.

[Rc123rc 528]

I thought it was only extended at the request of the petitioner or if there was embassy RFE or AP issue outstanding. Tough to say. I just don't believe there is a "No Expiration" situation or that going to a tier 2 supervisor, an infopass or congressman's office wouldn't get a result. There is something missing from the story.

A Timeline for both petitions to see how close there were in filing and where both of them were in the process. It's a rant with a generic background story.

[Ben&Zian 4,398]

Agreed. It is hard to believe that the supposed "expiration" date never actually expires.

Perhaps it's just something in their system.

Like it just sits in a 'purgatory' at USCIS almost waiting for a response from someone.

Is odd though.. and generic a bit also, how many petitions have been made for the beneficiary previously OP?

[Rc123rc 528]

Agreed. It is hard to believe that the supposed "expiration" date never actually expires.

Perhaps it's just something in their system.

Like it just sits in a 'purgatory' at USCIS almost waiting for a response from someone.

Is odd though.. and generic a bit also, how many petitions have been made for the beneficiary previously OP?

Even in beginning stages, you send in the I-129F, Nothing needs to be done because the NOA1 and NOA2 is done automatically unless there is an RFE and the RFE has a deadline. If you miss the deadline, they deny the application. They only thing I can think of is they went through the interview, got a denial with a 221G and the application sent back to USCIS to die. Again there are expiration dates. I'm going to guess there were two I-129F applications filed really close together.

[Ben&Zian 4,398]

Even in beginning stages, you send in the I-129F, Nothing needs to be done because the NOA1 and NOA2 is done automatically unless there is an RFE and the RFE has a deadline. If you miss the deadline, they deny the application. They only thing I can think of is they went through the interview, got a denial with a 221G and the application sent back to USCIS to die. Again there are expiration dates. I'm going to guess there were two I-129F applications filed really close together.

Exactly. It has to get through NVC to remain "active" so to say.

So that's it there's 1 or 2 active petitions at the embassy level, or 2 or more that were filed really closely together, say within a year of eachother and that is throwing up a red flag. Plus if the previous one is still active then the new one will get denied. At least that's what I have understood.

But yes, there is information missing from the OP on these specifics.

Key thing really is all old petitions at embassy level need to be withdrawn and that's pretty straight forward I think from the OPs post about multiple petitions.

[Ebunoluwa 6,136]

I see posts like these mostly from the PI and can't recall another country posting a problem with a previous (not expired) petition.

It should be a USCIS "issue" and not a DOS issue but then why the PI all the time ?

[Harpa Timsah 13,258]

If one person has had multiple US fiances then it seems like they are just fishing for a visa.

[Pinkrlion 2,722]

It is common in PI, that people have multiple petitions filed for them. Not sure what a congressman can do as it appears that the beneficiary is seeking a visa.

[mossycade 4]

Interesting since the NOA2 I-797 Clearly states a valid to from date such as 6/1/2016 to 9/30/2016. The interview needs to be done by then. The K-1 has a clearly printed expiration date. So, how far along in the process did the beneficiary get in the prior K-1 application?

You're 100% correct. I spent over 5 hrs on 3 visits to 2 different USCIS offices and both did and said the same thing. They acknowledged and AGREED that everything i said, produced and referred to in their own guidelines was correct, but maintained that they would not remove the petition under any circumstances including the death of the other petitioner unless I could produce a copy of his death certificate and an explanation as to why even then they should withdraw the old petition.

I was just fortunate that I was able to finally reach the old petitioner and get a notarized withdrawal letter directly from him in addition to having him send the letter to the USCIS himself.

I am only sharing so other couples don't waste time arguing the rule. It is pointless when the rule making authorities will not enforce or apply simple timelines or expiration dates.

[mossycade 4]

I thought it was only extended at the request of the petitioner or if there was embassy RFE or AP issue outstanding. Tough to say. I just don't believe there is a "No Expiration" situation or that going to a tier 2 supervisor, an infopass or congressman's office wouldn't get a result. There is something missing from the story.

A Timeline for both petitions to see how close there were in filing and where both of them were in the process. It's a rant with a generic background story.

The USCIS directed me to contact my congressman or a lawyer. They also made it clear that no matter what steps i took the had final say in what will or will not be done.

Spending years in the process is not a solution. Our case is simple. No crimes, no secrets and no scams. There is a 20 month old petition just sitting in the way and as long as it only costs the two of us, why would anyone else be interested in acting on our behalf. Ending a bad relationship left the petition in the system, that's the whole story.

My case was not denied only refused, but the refusal is indefinite as long as the other petition exist. All other petitions of any kind for same beneficiary would also be refused during the interview process due to the same issue, CR1 included.

[THUNDERLAND 2]

You're 100% correct. I spent over 5 hrs on 3 visits to 2 different USCIS offices and both did and said the same thing. They acknowledged and AGREED that everything i said, produced and referred to in their own guidelines was correct, but maintained that they would not remove the petition under any circumstances including the death of the other petitioner unless I could produce a copy of his death certificate and an explanation as to why even then they should withdraw the old petition.

I was just fortunate that I was able to finally reach the old petitioner and get a notarized withdrawal letter directly from him in addition to having him send the letter to the USCIS himself.

I am only sharing so other couples don't waste time arguing the rule. It is pointless when the rule making authorities will not enforce or apply simple timelines or expiration dates.

is there anyway some one can know or track old petition to see if it's still active or withdrawn ?

[mossycade 4]

Interesting since the NOA2 I-797 Clearly states a valid to from date such as 6/1/2016 to 9/30/2016. The interview needs to be done by then. The K-1 has a clearly printed expiration date. So, how far along in the process did the beneficiary get in the prior K-1 application?

I have a copy of the old 129f petition in hand. It was approved without incident. She refused to schedule the interview or medical exam and notified them in person that she had terminated/abandoned the relationship months before the approval date.

[mossycade 4]

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