K1 visa approve but not really sure if filed

[Steve Jean 0]

Is it possible that my ex Fiance can file a K1 visa without sending my letter intent to marry, G-325a and 2x2 picture? Way back 2010 he said he filed K1 visa under my name and before the approval i broke up with him. After few months he said he received an approval letter saying i need to set an appointment for interview. As far as i remember the letter doesn't look like NOA1 and NOA2... letter contains like this, we would like to inform you that __________ blah blah blah... i dont have the copy of the letter, he just show me in cam... 2012 he got married to another filipina and filed spousal visa and his wife is already in USA last 2015... My question is in DS-160, There's a question there does someone filed any kind of visa in your behalf? What should i answer to that part? is it a yes or no? i am doubtful and not 100% sure that he really filed K1 visa... I really appreciate your advice... Thanks

[Penguin_ie 5,996]

I guess it is not impossible for him to fake your signature and bio info, but it seems very unlikely.   What you could do to cover your basis is mention this in the cover letter, and make it clear YOU did not wish for this petition to be filed if it was indeed filed, and he did it himself after you broke up.

[Unlockable 7,315]

An approval letter is an official acceptance and approval of the petition. Meaning he did, in fact, file the petition and it was successfully received. So you should definitely put "Yes".

[JFH 12,191]

I believe the question they ask is if anyone else has ever filed a petition on your behalf. The USC files a petition but the beneficiary applies for their own visa once the petition is approved. An approved petition is not an approved visa application. A visa application is only approved once a successful interview had taken place and necessary background checks have been completed (administrative processing). So if the question asks whether someone has filed a petition for you, the answer is "yes" - you must answer "yes" to this even if the petition was not approved. It was filed. If the question asks if you have ever applied for a visa, that's a different story. 

Edited May 8, 2017 by JFH

[Steve Jean 0]

47 minutes ago, Penguin_ie said:

I guess it is not impossible for him to fake your signature and bio info, but it seems very unlikely.   What you could do to cover your basis is mention this in the cover letter, and make it clear YOU did not wish for this petition to be filed if it was indeed filed, and he did it himself after you broke up.

yes he just do it himself... I dont send him anything... i am also doubtful about it but since he showed me the letter he received so i am like he really filed the Petition...

[Steve Jean 0]

49 minutes ago, NuestraUnion said:

An approval letter is an official acceptance and approval of the petition. Meaning he did, in fact, file the petition and it was successfully received. So you should definitely put "Yes".

i talk to him and ask about what happen to the petition, he said he called and ask about the case and he said i got lucky because i never did interview so i just put "NO" since it is cancelled... i am really confused

[Steve Jean 0]

22 minutes ago, JFH said:

I believe the question they ask is if anyone else has ever filed a petition on your behalf. The USC files a petition but the beneficiary applies for their own visa once the petition is approved. An approved petition is not an approved visa application. A visa application is only approved once a successful interview had taken place and necessary background checks have been completed (administrative processing). So if the question asks whether someone has filed a petition for you, the answer is "yes" - you must answer "yes" to this even if the petition was not approved. It was filed. If the question asks if you have ever applied for a visa, that's a different story. 

he said he called and ask about the case and he said i got lucky since i never go to interview it is already cancelled... so he said i just put no since he said it will not effect to my visa... Confussing 

[Unlockable 7,315]

8 minutes ago, Steve Jean said:

i talk to him and ask about what happen to the petition, he said he called and ask about the case and he said i got lucky because i never did interview so i just put "NO" since it is cancelled... i am really confused

Whoa, wait a minute. You are confused.

 

They asked if a petition was FILED, not approved. A canceled petition is STILL A FILED PETITIONED. 

 

You were supposed to put YES. The point is that they want to see if you are already in the system, whether it was approved or not.  

[Steve Jean 0]

1 hour ago, NuestraUnion said:

Whoa, wait a minute. You are confused.

 

They asked if a petition was FILED, not approved. A canceled petition is STILL A FILED PETITIONED. 

 

You were supposed to put YES. The point is that they want to see if you are already in the system, whether it was approved or not.  

then i'll just put yes, thank you

[Penguin_ie 5,996]

yeah, if he states the petition was filed, you must put Yes.

It won't be a problem, this was a long time ago and you didn't get or missuse the visa.

[KF & OS 109]

But I dont see anywhere on the DS 160 a question about whether a petition has ever been filed for u the beneficiary. I remember this question is on the I-129F asking the petition if he/she has ever petitioned for someone else.

 

The question on DS 160 is asking if YOU have ever applied for a visa, been refused a visa, or withdrawn a visa application? A visa APPLICATION is different from A PETITION. Your ex fiance petitioned but u never applied for a visa. The answer should be NO

Edited May 9, 2017 by KF & OS

[Steve Jean 0]

6 hours ago, KF & OS said:

But I dont see anywhere on the DS 160 a question about whether a petition has ever been filed for u the beneficiary. I remember this question is on the I-129F asking the petition if he/she has ever petitioned for someone else.

 

The question on DS 160 is asking if YOU have ever applied for a visa, been refused a visa, or withdrawn a visa application? A visa APPLICATION is different from A PETITION. Your ex fiance petitioned but u never applied for a visa. The answer should be NO

No, he said he filed a fiance visa and got approve... And all i have to do is to set an appointment... In DS-160 there's a question there "Does anyone filed any kind of visa in your behalf?" aside from that question you mention  if i applied for a visa and been refuse its another question... 

[KF & OS 109]

6 minutes ago, Steve Jean said:

No, he said he filed a fiance visa and got approve... And all i have to do is to set an appointment... In DS-160 there's a question there "Does anyone filed any kind of visa in your behalf?" aside from that question you mention  if i applied for a visa and been refuse its another question... 

How could he have filed for a fiance "VISA" and get approved without u attending the interview at a US consulate? When u apply for a fiance visa, u have to go and do medical examination, provide ur passport, birth certificate, police letter, evidence of a relationship, and affidavit of support. This is all done by u the beneficiary not the petitioner. What I think he meant is he petitioned for u to the USCIS to be allowed to apply for a fiance visa and his petition got approved. Again, there is a difference between the petition and applying for a visa. am afraid u are going to be asked about this at the interview and u will have some explaining to do. No one can apply for u a visa and get approved without going thru the procedures which require u to be present

Edited May 9, 2017 by KF & OS

[KF & OS 109]

but dont worry, we all make mistakes and there is nothing u cant explain since u have never applied for this particular visa. So when they ask about it, u will get a chance to explain. Wishing u all the best, take courage