Unique situation

[massid 0]

 I have a sort of unique case and I'm not sure how to handle the situation.  My spouse and I were married in February and filed for a CR1 visa in early April. However, my spouse was previously in a relationship with another American who filed for a K1 visa , they ended their relationship after filing but now my spouse has recently received the interview appointment for the K1. My question is how can we let uscis and/or the embassy know about the change in relationship status and cancel the k1 interview? Is it necessary to cancel the appointment or is it best for my spouse to just not attend? 

[Boiler 45,449]

Write to them

 

Which Consulate is this?

[pushbrk 12,870]

34 minutes ago, massid said:

Hello, 

I have a sort of unique case and I'm not sure how to handle the situation.  My spouse and I were married in February and filed for a CR1 visa in early April. However, my spouse was previously in a relationship with another American who filed for a K1 visa , they ended their relationship after filing but now my spouse has recently received the interview appointment for the K1. My question is how can we let uscis and/or the embassy know about the change in relationship status and cancel the k1 interview? Is it necessary to cancel the appointment or is it best for my spouse to just not attend? 

You can contact them through their website, or do nothing.  More importantly, how did you deal with the question on the I-130 that asks if anybody has ever filed a petition for her before, and what was the result?

[OldUser 6,613]

She cannot withdraw K-1 petition since I-129F doesn't belong to her.

 

 I wouldn't attend that interview.

 

I would collect evidence for that case when the time comes to go to CR-1 interview. She will have to explain everything then.

 

 

Edited June 7 by OldUser

[Crazy Cat 41,814]

***2 duplicate threads with replies merged*** Please don't start multiple threads with the same topic**

[massid 0]

28 minutes ago, pushbrk said:

You can contact them through their website, or do nothing.  More importantly, how did you deal with the question on the I-130 that asks if anybody has ever filed a petition for her before, and what was the result?

We said yes to that question. No result as of yet. 

[massid 0]

19 minutes ago, OldUser said:

She cannot withdraw K-1 petition since I-129F doesn't belong to her.

 

 I wouldn't attend that interview.

 

I would collect evidence for that case when the time comes to go to CR-1 interview. She will have to explain everything then.

 

 

Do you mean collect breakup evidence from the k1 case?

56 minutes ago, Boiler said:

Write to them

 

Which Consulate is this?

Casablanca 

[OldUser 6,613]

Just now, massid said:

Do you mean collect breakup evidence from the k1 case?

What I mean is all paperwork around K-1 including notices etc.

[JeanneAdil 6,489]

39 minutes ago, massid said:

Do you mean collect breakup evidence from the k1 case?

Casablanca 

I would 1st find out if your wife intends to follow thru with the K1 and interview/  seen it happen before

she nor u can cancel the K1 / only US petitioner can

BTW u married while she was engaged to another and had a petition in progress/this interview will go thru a lot of Scrutiny during the interview.  she has a lot of explaning to do. 

Like who broke it up?

when it the break up happen?

When and how she met u?

i have never heard of Casa doing a Stokes interview but u may get a call to explain why u married someone who was at the time engaged to another

 

also ,  u need a LOT and i mean a LOT of quality time spent together to prove this is a bona fida marriage .  Casa can and has denied a CR1

 

and the situation is not so unigue but the timeframe is to quick to go from one USC to another

 

Edited June 7 by JeanneAdil

[Family 3,988]

Have her write out a short letter to withdraw visa application and cancel interview due to break in previous relationship…include case no and previous petitioner name.

She can sign the statement and email it, followed by mailing of paper copy , as noted in instructions by another embassy.

 

https://www.usembassy.kz/consular/fiancee_FAQs.shtml

Q. If I decide not to marry my fiancée, can I cancel the petition?

A. Yes, you must make a signed notarized request to the Embassy asking to withdraw the petition. We will suspend processing if we receive a faxed copy of the statement, but we will not close the case until we receive the original in the mail.

[pushbrk 12,870]

2 hours ago, massid said:

We said yes to that question. No result as of yet. 

But there is a result.  The petition has been approved, but no visa issued due to relationship ending.  The question is about a petition not a visa.  Edit to add.  See my later post.  This is more than just an approved petition.  The visa application has also been submitted and application fee paid.

Edited June 8 by pushbrk

[pushbrk 12,870]

40 minutes ago, Family said:

Have her write out a short letter to withdraw visa application and cancel interview due to break in previous relationship…include case no and previous petitioner name.

She can sign the statement and email it, followed by mailing of paper copy , as noted in instructions by another embassy.

 

https://www.usembassy.kz/consular/fiancee_FAQs.shtml

 

Q. If I decide not to marry my fiancée, can I cancel the petition?

A. Yes, you must make a signed notarized request to the Embassy asking to withdraw the petition. We will suspend processing if we receive a faxed copy of the statement, but we will not close the case until we receive the original in the mail.

That's fine but it is also true that if the applicant does not attend the interview and does not pursue the visa any further, the case will be returned to USCIS and USCIS will just let the petition approval expire.

 

More concerning to me is that you do not get an interview appointment without completing and submitting a DS 160.  That's something the foreign spouse in this case (fiance(e) in the previous case) has actually done.  So, it's not just a petition approval.  They completed a visa application based on that approved petition, and paid an application fee.  I wonder if the current spouse/petitioner knows that?

[Family 3,988]

18 minutes ago, pushbrk said:

That's fine but it is also true that if the applicant does not attend the interview and does not pursue the visa any further, the case will be returned to USCIS and USCIS will just let the petition approval expire.

 

More concerning to me is that you do not get an interview appointment without completing and submitting a DS 160.  That's something the foreign spouse in this case (fiance(e) in the previous case) has actually done.  So, it's not just a petition approval.  They completed a visa application based on that approved petition, and paid an application fee.  I wonder if the current spouse/petitioner knows that?

Good observation..I presumed the beneficiary did not throw away her first sure shot relationship /visa until she tied the knot with OP.

[JeanneAdil 6,489]

44 minutes ago, Family said:

Good observation..I presumed the beneficiary did not throw away her first sure shot relationship /visa until she tied the knot with OP.

that what i said "I would 1st find out if your wife intends to follow thru with the K1 and interview/  seen it happen before"

 

this Moroccan spouse has a lot of explaining to do

1st to the USC and if he stays with her, then to the CO

this is Moroc and this has been done before /usually not with 2 USC's but petitions with US and another country both thinking they are the ONLY  love 

1 hour ago, pushbrk said:

That's fine but it is also true that if the applicant does not attend the interview and does not pursue the visa any further, the case will be returned to USCIS and USCIS will just let the petition approval expire.

 

More concerning to me is that you do not get an interview appointment without completing and submitting a DS 160.  That's something the foreign spouse in this case (fiance(e) in the previous case) has actually done.  So, it's not just a petition approval.  They completed a visa application based on that approved petition, and paid an application fee.  I wonder if the current spouse/petitioner knows that?

 

[JeanneAdil 6,489]

#0P

this is very direct but before u continue this spouse process and pay the addtional fees , u need to know this person is coming to u 

not using u as a backup for a green card

if u can find out her K1 case # check the progress of it to see if it gets cancelled, denied or visa issued

 

it will come up under immigrant visa on the following site

 

https://ceac.state.gov/CEACStatTracker/Status.aspx