Unique Problem

[Timona 4,207]

5 hours ago, Djinva said:

A friend of mine was 

 

10 minutes ago, Djinva said:

I don't want to burn 530 to be told "sorry, there is someone who has applied already."  

🤔🤔🤔🤔🤔 So it's you and not asking for a friend?

[SalishSea 17,818]

18 minutes ago, Djinva said:

I appreciate the replies, I really do.  I'm trying to avoid a lawyer with this obviously but, it seems it is a situation that only a lawyer would know.  I'm hoping someone comes through. 

Let's say the ex-petitioner does not cancel the request, then how long does it stay in limbo?  I don't want to burn 530 to be told "sorry, there is someone who has applied already."  

The sad part is that only the petitioner can cancel a visa application.  She can't.  So, what happens if he just let's it die?  How long before it is safe to apply?  I honestly only think someone who works at immigration or a well seasoned lawyer will know.  At the cost of a lawyer, it would be cheaper to apply 2x. Then, I can share here and let everyone know. 

You don't need a lawyer for this.  

 

An approved petition that is not acted upon (i.e, visa pursued via interview etc), simply expires after 4 months.

 

There is no "timeline" restriction/waiver needed (i.e. 2 years) for K-1 beneficiaries, as there is for petitioners - at least not codified into the law for USCIS.  However, there is discretion.  I would be very surprised if the petition would be denied, as long as eligibility is met.  The scrutiny would come from the consulate.  You have not disclosed which consulate, but that would be important info for advice here.  In general though, it would be extra wise to have had lots of time spent in person together (i.e. not petitioning after "meeting" online, followed by a short visit), and wiser yet to do a spousal visa.   Just my 0.2.  YMMV.

[Family 3,988]

25 minutes ago, Djinva said:

Let's say the ex-petitioner does not cancel the request, then how long does it stay in limbo?  I don't want to burn 530 to be told "sorry, there is someone who has applied already

1. Does the First Fellow know he has been replaced?  Or is the young lady hedging her bets….

 

 

2. A beneficiary ( your young lady) can indeed withdraw/ cancel a petition by writing a request, signing  and mailing it to USCIS….if she has a copy of the petition 

 

3. Even an attorney won’t be able to FOIA for previous petition without the petitioner . ..

 

If she cannot simply ask the recently axed EX for a copy of the I-129 F for the purpose of canceling….then I doubt she is being transparent with you. …

Who knows if the vexed EX did not write compromising accusations to USCIS…instead of a polite withdrawal. 
 

[Djinva 4]

12 minutes ago, Family said:

1. Does the First Fellow know he has been replaced?  Or is the young lady hedging her bets….

 

 

2. A beneficiary ( your young lady) can indeed withdraw/ cancel a petition by writing a request, signing  and mailing it to USCIS….if she has a copy of the petition 

 

3. Even an attorney won’t be able to FOIA for previous petition without the petitioner . ..

 

If she cannot simply ask the recently axed EX for a copy of the I-129 F for the purpose of canceling….then I doubt she is being transparent with you. …

Who knows if the vexed EX did not write compromising accusations to USCIS…instead of a polite withdrawal. 
 

I assume there is now way unless on the inside I would be able to access "compromising accusations"  

[Family 3,988]

16 minutes ago, Djinva said:

I assume there is now way unless on the inside I would be able to access "compromising accusations

Forgive me..are you the Foreign Fiancé or the US Citizen #2 ? 
 

[Djinva 4]

Just now, Family said:

Forgive me..are you the Foreign Fiancé or the US Citizen #2 ? 
 

#2

[Family 3,988]

1 minute ago, Djinva said:

2 minutes ago, Family said:

Forgive me..are you the Foreign Fiancé or the US Citizen #2 ? 
 

#2

Got it. 
No use imagining dragons , when strolling through windmills. 
Your “relationship “ is merely a hypothetical at this stage …and dodging direct responses  to relevant questions enough to raise red flags. 

 

So did she break off w #1 ? 
When ? How ? Did she ask for copy of 6 month old I-129 F for purpose of notifying USCIS? 

 

 

[Djinva 4]

5 minutes ago, Family said:

Got it. 
No use imagining dragons , when strolling through windmills. 
Your “relationship “ is merely a hypothetical at this stage …and dodging direct responses  to relevant questions enough to raise red flags. 

 

So did she break off w #1 ? 
When ? How ? Did she ask for copy of 6 month old I-129 F for purpose of notifying USCIS? 

 

 

haha....yea, he broke it off wit her, and not sure why....he is a rich private contractor that met her and not sure the details.  She got hurt bad though.  

[Family 3,988]

Use the Top Right Search button and you will find a trove of She Done Me Wrong stories ..from the mouth of many a broken hearted US Citizen Fiancé ….

 

Usual reason for a USC to cancel/ withdraw is infidelity…those who go for the jugular will say She was in it for the Green Card. 
 

 

 

 

 

 

[Family 3,988]

20 minutes ago, Djinva said:

not sure the details

Details can make or brake a case. ..or a heart. Remember she had/has a copy of the form and letter she completed…info for both is on that.

 

[Redro 4,611]

8 hours ago, Djinva said:

 

Let's say the ex-petitioner does not cancel the request, then how long does it stay in limbo?  I don't want to burn 530 to be told "sorry, there is someone who has applied already."  

 

You'll be burning a lot more than $530 before being told no. 

People are allowed to have multiple petitions filed for them. 

A person can have a petition filed by mom, brother and a spouse. Whichever petition gets approved first is the application one can pursue.

There is no rule saying someone can't have multiple K1s filed for them.

Your issue will be at interview (after you've paid for medical and visa application). 

You'll also want to visit your partner several more times while waiting on the petition to be approved. 

So, you're looking at spending at least $2k and a year or more of waiting (after petition is filed) before you discover your fate.

[Crazy Cat 41,836]

12 hours ago, Djinva said:

Wow, some cruel people on this forum.  Sad.

No, there are some logical people on this forum.  

[SalishSea 17,818]

12 hours ago, Djinva said:

I don't want to burn 530 to be told "sorry, there is someone who has applied already."  

This sounds like you're trying to adopt a pet at a shelter.

[igoyougoduke 1,656]

23 hours ago, Djinva said:

A friend of mine was engaged to a man who said he applied for her a K-1Visa in October of 2022.  He then backed out of the engagement.  She is not sure if he actually filed an application for her.  Is there anyway that she can check?  The reality is that she has another person very interested in her and does not want to have an issue of two applications in the system for her.  

 

Thanks in advance.

in a matter of 6 months . he has two lovers filing. visa applications. Sounds not fishy at all . he sure is after the green card. i highly doubt he wants the marriage. if he can replace her ,, he will replace you  IMO 

Edited June 1, 2023 by igoyougoduke

[SalishSea 17,818]

2 hours ago, igoyougoduke said:

in a matter of 6 months . he has two lovers filing. visa applications. Sounds not fishy at all . he sure is after the green card. i highly doubt he wants the marriage. if he can replace her ,, he will replace you  IMO 

If I'm reading the thread correctly, OP is the second suitor looking to petition the woman, and worried that he'll be told "sorry there's someone who has applied already."