Filing Visa Petition For A 2nd Time

[brightfuture78 118]

Back in February of 2016, I filed a K1 petition for someone and it went all the way to the NOA2 stage. The consulate received it, and it was just waiting for an interview appointment to be made by the beneficiary. Unfortunately, my relationship with the beneficiary ended before the interview was ever made. I never formally withdrew the case, I just abandoned it. 

 

Within the past year, I met someone else that I care very much for who is also a foreign national, and I want to start a new K1 petition for them. I'm worried that the previous petition will interfere with the process. I would imagine that the old petition should have expired by now after 2 years of inactivity. I checked the case status at the USCIS website (the site you check after the petition is approved and forwarded) and it tells me my case number is invalid, leading me to believe it has indeed already expired out.

 

However, when I enter the case number into the US Department of State's Visa application status check (the site you check up to the point that the petition is approved), it states that it is "Ready" for an interview to be scheduled. This worries me. I would hate for my new application to be rejected because of this.

 

Should I be okay to go ahead and file the new petition (assuming they can see that the previous case expired out), or should I formally request a withdrawal of the old petition before starting a new one, even though it's been so long?

 

If I need to formally withdraw, how long would I need to wait before submitting a new K1 petition, after withdrawal has been confirmed? Thanks in advance for your input!

 

 

[geowrian 22,338]

45 minutes ago, brightfuture78 said:

Unfortunately, my relationship with the beneficiary ended before the interview was ever made. I never formally withdrew the case, I just abandoned it. 

First, always withdraw the I-129F if you no longer want to go through with it.

Second, are you 100% certain the beneficiary didn't interview and/or get the visa? With Manila, she could do so without any additional documents from you (they almost never request an I-134).

 

Assuming she didn't go through with the K-1, the old petition should have long expired by now. You can file a new I-129F for a new beneficiary. If you file within 2 years of the old one being approved, you need a multiple filer waiver. No need to formally withdraw the old petition if it has actually expired.

 

49 minutes ago, brightfuture78 said:

I checked the case status at the USCIS website (the site you check after the petition is approved and forwarded) and it tells me my case number is invalid, leading me to believe it has indeed already expired out.

Not necessarily.

 

50 minutes ago, brightfuture78 said:

However, when I enter the case number into the US Department of State's Visa application status check (the site you check up to the point that the petition is approved), it states that it is "Ready" for an interview to be scheduled. This worries me. I would hate for my new application to be rejected because of this.

This is a good sign that she didn't interview for the visa, but still something that should be confirmed IMO.

[brightfuture78 118]

7 minutes ago, geowrian said:

Assuming she didn't go through with the K-1, the old petition should have long expired by now. You can file a new I-129F for a new beneficiary. If you file within 2 years of the old one being approved, you need a multiple filer waiver. No need to formally withdraw the old petition if it has actually expired.

Thanks, geowrian. Without going into too much detail, I have reason to believe at the very least that she never utilized the visa to leave her country within the required 6 months, even if she did actually go to an interview.

 

The previous I-129F was approved on April 19 2016, so I'm guessing I shouldn't need a waiver if I started a new petition this month.

 

Assuming your information is correct, I feel more at ease about going forward with the new petition. 

 

Thanks again!