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Need Help.Embassy says we have to refile I-129

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Filed: K-1 Visa Country: Philippines
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Yesterday my fiance went to her interview.The woman that did the interview was checking my fiance's paper work and when she was looking over my fiance's papers for her anullment.The woman did not understand the anullment papers do to the fact that my fiance was in a bigmomy marriage.my fiance only had papers from the court that the embassy does permitt if you do not have the final papers from the judges decision.So after explainning to the woman that my fiance was not the cause of the bigmony marriage that it was her x-husband.The woman doing the interview says to my fiance that her I-129f is no good because the date of the final anullment signing was one month after I filed our I-129f and that she had to refile the I-129f.My fiance was not being denied but only had to refile the I-129f.The woman interviewing my fiance also stated that the I-129f woud be sent back to the USCIS and stamped canceled.So I called USCIS and asked what I needed to do.I was being told two different stories from two different people at USCIS.The first story was I had to refile the I-129f and send my fiance's paper work from the courts.The second story was I had to wait for the embassy to send the I-129f back to the USCIS which they said takes up to 120 days and that I would have to check online to watch for a change in my status on the I-129f from being approved to being canceled.Can anyone help us in this matter.I can not believe that because I filed the I-129f one month before her anullment was finalize that the embassy would not except our filing of the I-129f.we our not married we are only engaged...My fiance told me how the woman that interviewed her could not understand what happen in her bigmony marriage.It took a half hour of explainning to the interviewer that my fiance was the victim and not the cause..

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Filed: K-1 Visa Country: England
Timeline

Yesterday my fiance went to her interview.The woman that did the interview was checking my fiance's paper work and when she was looking over my fiance's papers for her anullment.The woman did not understand the anullment papers do to the fact that my fiance was in a bigmomy marriage.my fiance only had papers from the court that the embassy does permitt if you do not have the final papers from the judges decision.So after explainning to the woman that my fiance was not the cause of the bigmony marriage that it was her x-husband.The woman doing the interview says to my fiance that her I-129f is no good because the date of the final anullment signing was one month after I filed our I-129f and that she had to refile the I-129f.My fiance was not being denied but only had to refile the I-129f.The woman interviewing my fiance also stated that the I-129f woud be sent back to the USCIS and stamped canceled.So I called USCIS and asked what I needed to do.I was being told two different stories from two different people at USCIS.The first story was I had to refile the I-129f and send my fiance's paper work from the courts.The second story was I had to wait for the embassy to send the I-129f back to the USCIS which they said takes up to 120 days and that I would have to check online to watch for a change in my status on the I-129f from being approved to being canceled.Can anyone help us in this matter.I can not believe that because I filed the I-129f one month before her anullment was finalize that the embassy would not except our filing of the I-129f.we our not married we are only engaged...My fiance told me how the woman that interviewed her could not understand what happen in her bigmony marriage.It took a half hour of explainning to the interviewer that my fiance was the victim and not the cause..

one of the main requirements is that you are legally free to marry when you file the petition... USCIS should of spotted this and denied the petition instead of approving it and sending it to the embassy

I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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"I can not believe that because I filed the I-129f one month before her anullment was finalize that the embassy would not except our filing of the I-129f"

Believe it, a long time ago they denied mine, and I filed (1) day too early, and that was a mistake in how I counted the days, as it was a California Divorce that required 6 months, after filing to be legally free to marry, so that was time & money down the drain, so you did not fine out about it until the interview.

Marriage :2009-12-31

I-485-AOS/EAD/AP Sent: 2010-01-12

I-485 RFE response received by USCIS : 2010-02-010

EAD/AP Approved Date: 2010-03-11

AP Received Date: 2010-03-16

EAD Received Date 2010-03-19

AOS Interview Appointment 2010-05-10

Green Card approved 2010-05-10

Email received Card Production ordered 2010-05-13

Green Card received 2010-06-08

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Filed: Other Country: Philippines
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one of the main requirements is that you are legally free to marry when you file the petition... USCIS should of spotted this and denied the petition instead of approving it and sending it to the embassy

USCIS doesn't check her divorce/anullment, she only signs the LOI, her anullment papers weren't reviewed until the embassy. So can't blame USCIS. Petitioner rushed the gun and filed too soon... bang I-129F is dead.

Edited by Hank_Amy

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Yesterday my fiance went to her interview.The woman that did the interview was checking my fiance's paper work and when she was looking over my fiance's papers for her anullment.The woman did not understand the anullment papers do to the fact that my fiance was in a bigmomy marriage.my fiance only had papers from the court that the embassy does permitt if you do not have the final papers from the judges decision.So after explainning to the woman that my fiance was not the cause of the bigmony marriage that it was her x-husband.The woman doing the interview says to my fiance that her I-129f is no good because the date of the final anullment signing was one month after I filed our I-129f and that she had to refile the I-129f.My fiance was not being denied but only had to refile the I-129f.The woman interviewing my fiance also stated that the I-129f woud be sent back to the USCIS and stamped canceled.So I called USCIS and asked what I needed to do.I was being told two different stories from two different people at USCIS.The first story was I had to refile the I-129f and send my fiance's paper work from the courts.The second story was I had to wait for the embassy to send the I-129f back to the USCIS which they said takes up to 120 days and that I would have to check online to watch for a change in my status on the I-129f from being approved to being canceled.Can anyone help us in this matter.I can not believe that because I filed the I-129f one month before her anullment was finalize that the embassy would not except our filing of the I-129f.we our not married we are only engaged...My fiance told me how the woman that interviewed her could not understand what happen in her bigmony marriage.It took a half hour of explainning to the interviewer that my fiance was the victim and not the cause..

are u sure that the annulment is legal?... its strange.. some other pinay file the I-129f and the annulment at the same time but still they can get a visa... why? what imp. is she is already legally annulled...

and pls. explain clearly what happened to that bigamy marriage...

if u re-file then u know its the same process again.. new fees and same waiting period again.. uhmmm if the problem is bigamy she needs to get a lawyer again to make the marriage void...

Edited by marklovetina
N-400:
May 9, 2017: N-400 packet was sent
May 15, 2017: NOA1 
June 05, 2017: Biometric Done
June 19, 2017: Case is in Line for an Interview
June 25, 2018: USCIS Scheduled an Interview
Aug. 02, 2018: Interview Date- APPROVED!
Aug. 09, 2018: Oath Ceremony

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she's still married on the time you file the petition so it should havent been approved in USCIS. but since the CENOMAR is needed on the time of interview and not on the paperwork that was sent to USCIS maybe thats why they havent find out about it. It is your responsibility to check your qualifications in filing the petition, you should have learn that she is not yet free to marry so the consequence is petition cancel. only time wasted but you can still file, now that she is legally free to marry. goodluck!

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