K1 Visa Refusal - Multiple petitions for same beneficiary

[mossycade 4]

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

Don't forget that dishonesty exists on both sides of the "VisaJourney".

If either, petition or beneficiary, finds the other to be something other than what they present themselves to be, it is not wrong to end the relationship.

The problem we are facing is that the governing bodies do not acknowledge the timelines set for abandoned cases. 4 months after approval without action the petition is expires. That's written on the form. 18 months without an interview is the next cutoff. Both have passed in this instance.

And as a beneficiary, you have no right to any part of the process. What sense does it make to only allow the petitioner to withdraw a petition. The petitioner is not allowed to refile for 2 years after an approval, so the same 2 year blackout could be extended to the beneficiary to keep it simple.

[mossycade 4]

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.

1 prior. None of us are married to the first partner we ever had or we wouldn't be in the forum.

Don't forget that dishonesty exists on both sides of the "VisaJourney".

If either, petition or beneficiary, finds the other to be something other than what they present themselves to be, it is not wrong to end the relationship.

The problem we are facing is that the governing bodies do not acknowledge the timelines set for abandoned cases. 4 months after approval without action the petition is expires. That's written on the form. 18 months without an interview is the next cutoff. Both have passed in this instance.

And as a beneficiary, you have no right to any part of the process. What sense does it make to only allow the petitioner to withdraw a petition. The petitioner is not allowed to refile for 2 years after an approval, so the same 2 year blackout could be extended to the beneficiary to keep it simple.

[Harpa Timsah 13,258]

1 prior. None of us are married to the first partner we ever had or we wouldn't be in the forum.

What does this mean?

[THUNDERLAND 2]

is there anyway some one can know or track old petition to see if it's still active or withdrawn by petitioner?

[JFH 12,191]

What does this mean?

Was going to ask the same thing. For some people this is their very first relationship. But I think he means the "not married" part, since this is the K-1 forum.

[kris&me 572]

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

yes, i would be more worried about this

without being cruel, how many men has the beneificary loved?

no answer needed but multiple applicaions?

not 1 but multiple

[Ebunoluwa 6,136]

That is true, USCIS does not enforce their own rule on the expiration date. Not for everyone, not for all countries, so back to

my question why the PI ? Many had 1 or more petitioners and are filing again without any problems even though it is the exact same situation,

where beneficiary did not go to the interview due to a failed relationship and the petitioner never bothered to withdraw / close the

petition. However, as soon as a K1 is refused and returned to USCIS you bet your bottom dollar that it is then allowed to expire

on purpose (due to an old law suit) and petitioner will receive a letter of expiration.

I am inclined to believe that only a law suit against these so called 'not withdrawn' petitions can make it possible to move forward

by forcing them to close out these old abandoned petitions.

Why should a beneficiary have to get 'stuck' in the process because a petitioner refuses to withdraw, makes no sense.

[Ebunoluwa 6,136]

yes, i would be more worried about this

without being cruel, how many men has the beneificary loved?

no answer needed but multiple applicaions?

not 1 but multiple

That should be settled at the CO's discretion, if they feel the beneficiary is K1 visa shopping, return the petition where it

expires like I said above.

Multiple filings are allowed, even under 2 years with a waiver request that the petitioner includes (Imbra).

That is the process and the petitioner will not be stuck.

The same should be possible for a beneficiary.

[mossycade 4]

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

Due to the privacy act, you cannot ask any questions about other cases unless you are the petitioner, beneficiary or appointed representative of the petitioner.

In our case we have all of the old documents and case info. We began tracking the old case prior to submitting our own. I contacted the US Embassy Philippines by phone and by email and was told it was too old to be a factor. I also visited the USCIS prior to filing my petition. USCIS told me that based on the age and inactivity of the old petition, it would be no factor. The USCIS subsequently approved our petition and went it to the US Embassy Manila. At her interview they pulled out the old petition, questioned her about it and then refused our current petition and sent our case back to USCIS.

[mossycade 4]

That should be settled at the CO's discretion, if they feel the beneficiary is K1 visa shopping, return the petition where it

expires like I said above.

Multiple filings are allowed, even under 2 years with a waiver request that the petitioner includes (Imbra).

That is the process and the petitioner will not be stuck.

The same should be possible for a beneficiary.

Multiple means more than 1, not many. Our petition is her 2nd.

She has not seen petitioner #1 since 2012 and our petition was filed in 2016. I think that is an acceptable amount of time between relationships to remove guilt or suspicion.

Ending a relationship is not grounds for suspicion or refusal.

[Ebunoluwa 6,136]

Due to the privacy act, you cannot ask any questions about other cases unless you are the petitioner, beneficiary or appointed representative of the petitioner.

In our case we have all of the old documents and case info. We began tracking the old case prior to submitting our own. I contacted the US Embassy Philippines by phone and by email and was told it was too old to be a factor. I also visited the USCIS prior to filing my petition. USCIS told me that based on the age and inactivity of the old petition, it would be no factor. The USCIS subsequently approved our petition and went it to the US Embassy Manila. At her interview they pulled out the old petition, questioned her about it and then refused our current petition and sent our case back to USCIS.

What were the questions and how did she answer ?

Did the CO actually say we have to return it because of the previous petition not being withdrawn or did the CO think

it didn't work out the first time so why should it work this time around ? Not my thoughts but wondering about the real

reason (in the CO's opinion) it was returned.

[mossycade 4]

That is true, USCIS does not enforce their own rule on the expiration date. Not for everyone, not for all countries, so back to

my question why the PI ? Many had 1 or more petitioners and are filing again without any problems even though it is the exact same situation,

where beneficiary did not go to the interview due to a failed relationship and the petitioner never bothered to withdraw / close the

petition. However, as soon as a K1 is refused and returned to USCIS you bet your bottom dollar that it is then allowed to expire

on purpose (due to an old law suit) and petitioner will receive a letter of expiration.

I am inclined to believe that only a law suit against these so called 'not withdrawn' petitions can make it possible to move forward

by forcing them to close out these old abandoned petitions.

Why should a beneficiary have to get 'stuck' in the process because a petitioner refuses to withdraw, makes no sense.

I have talked to 3 lawyers, all of whom refused to represent me because the privacy act prevents any not party to the petition from accessing the information about. Even though we have all of the documents from petition #1, I am not party so I have not rights, and the beneficiary has not authority in to take action other than just refusing the medical exam and interview which was done in writing before petition #1 was approved.

My basic warning is that there is not logic in the removal process. Regulatory timelines somehow don't apply and the people effected by the old petition have no right or authority to take action. My congressman only has the power to "urge" them to remove the petition.

I sat in front 3 ISO's explained what I believed their timeline rules me, they all agreed with me. Then they told me that they are not required to acknowledge the timelines and that they WOULD NOT take any action to remove the petition. I was told to get a lawyer or contact me congressman. I was afraid being tagged or flagged negatively in some way, so I thanked them, gathered my documents and left quietly.

[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.

10/28/2016 - Wedding!

Advanced CONGRATS!

I wasn't looking for help with my topic. I was advising people against spending too much time on games with USCIS. They will not help you in any way. What I recommend is to see them only to document your efforts and go straight to your congressman. Lawyers will not take your case either.

I was lucky enough to reach petitioner #1 and convince him to submit a signed notarized letter to the USCIS and to me. Otherwise I would be here sharing a detailed story and hoping for guidance.

Instead I am offering the little info I have, because during my search for help I found little or no info.

[Ebunoluwa 6,136]

10/28/2016 - Wedding!

Advanced CONGRATS!

I wasn't looking for help with my topic. I was advising people against spending too much time on games with USCIS. They will not help you in any way. What I recommend is to see them only to document your efforts and go straight to your congressman. Lawyers will not take your case either.

I was lucky enough to reach petitioner #1 and convince him to submit a signed notarized letter to the USCIS and to me. Otherwise I would be here sharing a detailed story and hoping for guidance.

Instead I am offering the little info I have, because during my search for help I found little or no info.

ALL refused and returned K1's will expire. You will receive a letter from USCIS stating that fact, this will go into effect

because the petition was returned. USCIS will NOT review the case, they will NOT pull the old petition at this time

because the petition has already been returned. It is fruitless to fight a returned K1 no matter what the issue is.

CR/IR cases that are returned stay alive and the review process is different.

It is not just an issue with the previous petition not being withdrawn it is a double whammy that a returned K1 will

not get any review whatsoever at USCIS no matter what the reason is.

[THUNDERLAND 2]

Lawyers will not take your case either.

I was lucky enough to reach petitioner #1 and convince him to submit a signed notarized letter to the USCIS and to me. Otherwise I would be here sharing a detailed story and hoping for guidance.

Instead I am offering the little info I have, because during my search for help I found little or no info.

is it enough to send a letter to USCIS,or you have to show a copy in the interview ? does the USCIS update the embassy about withdrawing old petition ? also does it have to be notarized ?