Denied - what to do next

[Ratty and C 13]

Hi folks, thanks in advance for any advice. Here's the situation. I'm going to try to stay factual 'cos we're both so upset but i'm just trying to figure out what's next so we can move forwards and still have something to look forward to.

My fiancee got back from the interview a few hours ago with bad news, we are denied. We had been so fortunate in the rest of the process to get to this stage quickly so at least we did not wait for so many extra months like i know many of you have, so at least we found this out now and not after waiting even longer. Silver linings...

Okay, i'm paraphrasing here and trying to make sense of what happened 'cos i was not at the interview myself, and that would not have helped the situation as i understand it, so if i leave any ambiguities forgive me but communication is tough until she returns home and the news is so fresh.

At the interview they did not even look at the relationship evidence, they said all our paperwork was in order but there is another problem.

7 years ago she saw another guy and they broke it off - he was going to file fiancee visa but then they broke it off. Since then he met another filipina and brought her to the USA, and now they have no contact. So she thought the visa was either not applied for, or was invalid/withdrawn due to him being able to bring a different fiancee over.

At the embassy they informed her that the previous K1 for her is in their system and is not withdrawn, and it's not allowed to have multiple petitions for the same beneficiary. She asked before leaving and they said we are Denied.

But on the State Dept site the case is updated to show

"Your case is under administrative processing. Please see the letter you received at your interview for more information."

There is no letter from the interview.

So, i have a few questions - i feel totally unprepared for this 'cos i had really anticipated an approval, and i'm still in shock about it but trying to be practical on how to go forward, so please be kind and polite with advice - i know almost everyone here is, so thank you.

These are some questions that i'm wondering about...

1. Will/should we receive a letter from the embassy?

2. How can we withdraw her previous petition - do we need to contact USCIS, NVC or the Embassy to do that? We don't even have a case number, A# or anything - just his and her names is all.

3. I assume of course that an appeal is a bad option - correct?

4. Will the denial cause problems for our next petition?

5. If we get the previous application withdrawn, from the previous fiancee, is it possible to get the current one withdrawn too and then simply refile with updated info?

6. Or is it better for us to get married and apply for spousal visa instead?

7. If we do go for spousal visa do we still need to get the previous applications withdrawn?

Any advice is appreciated, as i said i'm just so unprepared for this and trying to get what information i can to help us move forward.

Thanks, David and Celesty

[marklovetina 52]

Hi folks, thanks in advance for any advice. Here's the situation. I'm going to try to stay factual 'cos we're both so upset but i'm just trying to figure out what's next so we can move forwards and still have something to look forward to.

My fiancee got back from the interview a few hours ago with bad news, we are denied. We had been so fortunate in the rest of the process to get to this stage quickly so at least we did not wait for so many extra months like i know many of you have, so at least we found this out now and not after waiting even longer. Silver linings...

Okay, i'm paraphrasing here and trying to make sense of what happened 'cos i was not at the interview myself, and that would not have helped the situation as i understand it, so if i leave any ambiguities forgive me but communication is tough until she returns home and the news is so fresh.

At the interview they did not even look at the relationship evidence, they said all our paperwork was in order but there is another problem.

7 years ago she saw another guy and they broke it off - he was going to file fiancee visa but then they broke it off. Since then he met another filipina and brought her to the USA, and now they have no contact. So she thought the visa was either not applied for, or was invalid/withdrawn due to him being able to bring a different fiancee over.

At the embassy they informed her that the previous K1 for her is in their system and is not withdrawn, and it's not allowed to have multiple petitions for the same beneficiary. She asked before leaving and they said we are Denied.

But on the State Dept site the case is updated to show

"Your case is under administrative processing. Please see the letter you received at your interview for more information."

There is no letter from the interview.

So, i have a few questions - i feel totally unprepared for this 'cos i had really anticipated an approval, and i'm still in shock about it but trying to be practical on how to go forward, so please be kind and polite with advice - i know almost everyone here is, so thank you.

These are some questions that i'm wondering about...

1. Will/should we receive a letter from the embassy?

yes, that ur case was denied...

2. How can we withdraw her previous petition - do we need to contact USCIS, NVC or the Embassy to do that? We don't even have a case number, A# or anything - just his and her names is all.

she as the beneficiary can withdraw the case as far as i know if the case is still in the US Embassy stage... but if she can contact the petitioner better for him to withdraw it.. give all the imp. details... like name of petitioner beneficiary, A#.. etc...

3. I assume of course that an appeal is a bad option - correct?

yes, it is... so better withdraw and file another petition again... start from 0..

4. Will the denial cause problems for our next petition?

no... just file another petition again.. u can do cr1 or same petition w/c is K1.. no prob. as long as u resolve the previous problem...

5. If we get the previous application withdrawn, from the previous fiancee, is it possible to get the current one withdrawn too and then simply refile with updated info?

yes... but ur petition to her dont need to withdraw bcoz it is already denied...

6. Or is it better for us to get married and apply for spousal visa instead?

cr1 is not a guarantee to get a visa.. but i your case the problem is simple so u can file for cr1.. no prob.

7. If we do go for spousal visa do we still need to get the previous applications withdrawn?

no.. bcoz its a different petition and it is denied..

Any advice is appreciated, as i said i'm just so unprepared for this and trying to get what information i can to help us move forward.

Thanks, David and Celesty

[Sam and Fen 41]

I was under the impression that K1 petitions are set to expire 4 or 6 months after approval by USCIS and if the embassy can not schedule an interview in that time frame they have the authority to extend them and 7 years is a long long time for it not to expire.

People with more knowledge then me will chime in.

[Ratty and C 13]

I was under the impression that K1 petitions are set to expire 4 or 6 months after approval by USCIS and if the embassy can not schedule an interview in that time frame they have the authority to extend them and 7 years is a long long time for it not to expire.

People with more knowledge then me will chime in.

Me too, pretty stunned this is an issue. I'm writing an email to the embassy to find out more.

Thanks for the reply, and thank you too MarkLoveTina

[marklovetina 52]

Me too, pretty stunned this is an issue. I'm writing an email to the embassy to find out more.

Thanks for the reply, and thank you too MarkLoveTina

yw and good luck!

[lyricalan 18]

Hi folks, thanks in advance for any advice. Here's the situation. I'm going to try to stay factual 'cos we're both so upset but i'm just trying to figure out what's next so we can move forwards and still have something to look forward to.

My fiancee got back from the interview a few hours ago with bad news, we are denied. We had been so fortunate in the rest of the process to get to this stage quickly so at least we did not wait for so many extra months like i know many of you have, so at least we found this out now and not after waiting even longer. Silver linings...

Okay, i'm paraphrasing here and trying to make sense of what happened 'cos i was not at the interview myself, and that would not have helped the situation as i understand it, so if i leave any ambiguities forgive me but communication is tough until she returns home and the news is so fresh.

At the interview they did not even look at the relationship evidence, they said all our paperwork was in order but there is another problem.

7 years ago she saw another guy and they broke it off - he was going to file fiancee visa but then they broke it off. Since then he met another filipina and brought her to the USA, and now they have no contact. So she thought the visa was either not applied for, or was invalid/withdrawn due to him being able to bring a different fiancee over.

At the embassy they informed her that the previous K1 for her is in their system and is not withdrawn, and it's not allowed to have multiple petitions for the same beneficiary. She asked before leaving and they said we are Denied.

But on the State Dept site the case is updated to show

"Your case is under administrative processing. Please see the letter you received at your interview for more information."

There is no letter from the interview.

So, i have a few questions - i feel totally unprepared for this 'cos i had really anticipated an approval, and i'm still in shock about it but trying to be practical on how to go forward, so please be kind and polite with advice - i know almost everyone here is, so thank you.

These are some questions that i'm wondering about...

1. Will/should we receive a letter from the embassy?

2. How can we withdraw her previous petition - do we need to contact USCIS, NVC or the Embassy to do that? We don't even have a case number, A# or anything - just his and her names is all.

3. I assume of course that an appeal is a bad option - correct?

4. Will the denial cause problems for our next petition?

5. If we get the previous application withdrawn, from the previous fiancee, is it possible to get the current one withdrawn too and then simply refile with updated info?

6. Or is it better for us to get married and apply for spousal visa instead?

7. If we do go for spousal visa do we still need to get the previous applications withdrawn?

Any advice is appreciated, as i said i'm just so unprepared for this and trying to get what information i can to help us move forward.

Thanks, David and Celesty

Do you know if a visa was actually issued previously or was just an I-129F petition filed? Did she previously go thru the interview process at the embassy? What stage did the previous process reach? Curious as to how something else is still in the system yet USCIS approved the I-129F since they do extensive background checks before approving the I-129F. Sorry this has happened to you and hope you reach a positive resolution.

[Sam and Fen 41]

Exactly. I think the Embassy is using that as an excuse to deny to see if this is only for immigration purposes (I am not accusing the op or his gal of anything) as anytime they see multiple petition's for the same beneficiary it is a red flag.

IMO the "old" petition has to be "canceled" and the CR1 might be the best option.

Do you know if a visa was actually issued previously or was just an I-129F petition filed? Did she previously go thru the interview process at the embassy? What stage did the previous process reach? Curious as to how something else is still in the system yet USCIS approved the I-129F since they do extensive background checks before approving the I-129F. Sorry this has happened to you and hope you reach a positive resolution.

[Ratty and C 13]

Okay, an update, she's really upset and shocked, so she had forgotten they did give her a slip of paper - it's the White 221g form, it has 2 ticks, one on 221(g) but with no subcategories ticked, and also the last section 'Other' ticked which i think is so they can provide detail about something that doesn't fall into their pre-printed categories. On the 'Other' line it says 'Multiple Petition' which is as expected.

That's the only ticks on the form, it does not have either of the 'Disposition of your case' sections ticked.

Can anyone tell me what it means? For it to be on the white form, does it mean that they will take extra time to do processing, or they await something from us, or is it a definite denial?

The 'Waiver' line is not ticked - but she's not in any of the disallowed sections e.g. 212(a)(1)(A)(iv), so can we apply for a waiver? It's not ticked but the text says we can.....does it need to be ticked to allow for a waiver?

Again, i'm sorry if this is a bit vague, it's all such fresh information to us.

Edited May 20, 2013 by Ratty and Celesty

[Sam and Fen 41]

221 G usually means AP for something missing and in your case "other". So there is hope yet.

[san diego 407]

There is something not right here or she is not disclosing everything. If they see 2nd petition in the system this means it is active. If (as your fiancee claims) her ex-fiance brought another person on K1, than he supposed to cancel it. Likewise, as they denied her, they would deny her ex-fiance to petition for another person as long as old petition is active. Do you see it does not make sense? Given that petition expires within 4 months AND Based on factual evidence of reasoning for denial (but not taking to consideration your or your fiancee words it looks like either:

1) 2 individuals (including yourself) petitioned for her at the same time (or nearly the same)

2) Someone petitioned for her with approved I129F with less than 4 month..

[Shiobhan 235]

Could it not be human errr? whatever one puts in computer

or not take out stays there, USCIS have made mistakes in the past

not saying that's what it is but it could be ,or can she have mistaken

in telling you something since its long ago. best wishes

[Ratty and C 13]

There is something not right here or she is not disclosing everything. If they see 2nd petition in the system this means it is active. If (as your fiancee claims) her ex-fiance brought another person on K1, than he supposed to cancel it. Likewise, as they denied her, they would deny her ex-fiance to petition for another person as long as old petition is active. Do you see it does not make sense? Given that petition expires within 4 months AND Based on factual evidence of reasoning for denial (but not taking to consideration your or your fiancee words it looks like either:

1) 2 individuals (including yourself) petitioned for her at the same time (or nearly the same)

2) Someone petitioned for her with approved I129F with less than 4 month..

She did not attend the old application interview.

They did not deny the previous petition, it was basically abandoned.

I don't know why he didn't need to withdraw his petition, that is the thing that immediately confused her. Maybe she is wrong about his wife having immigrated from the Philippines directly, maybe she was in the US already, she doesn't think so but i'll ask her to clarify.

I understand what you're saying and i am aware and very cautious of being scammed or something but i assure you that is not what's happening. I've written to the embassy, we'll see if they reply with any sensible information. I'll get to the bottom of it one way or another.

[Sam and Fen 41]

There is something not right here or she is not disclosing everything. If they see 2nd petition in the system this means it is active. If (as your fiancee claims) her ex-fiance brought another person on K1, than he supposed to cancel it. Likewise, as they denied her, they would deny her ex-fiance to petition for another person as long as old petition is active. Do you see it does not make sense? Given that petition expires within 4 months AND Based on factual evidence of reasoning for denial (but not taking to consideration your or your fiancee words it looks like either:

1) 2 individuals (including yourself) petitioned for her at the same time (or nearly the same)

2) Someone petitioned for her with approved I129F with less than 4 month..

It is unimaginable that USCIS would approve 2 I129F petition's for the same beneficiary at the same time. It the embassy is seeing it then they have to be approved.

[Hatem&Zeinab 30]

I strongly agree with San Diego... Actually this is the first thing that I thought of, when I read the post. If her visa was denied for that reason, then her ex-fiance should have gone through the same thing... and would have not been able to apply for a new fiancee, till he cancels the first one... makes lot of sense...

However, I think she should have disclosed all this to you prior to starting the whole process, so you can address those issues and get them resolved first.

I am glad you are putting into consideration the possibility of being scammed... We can never know the real intentions of someone. It is just the fact that this is the second time she falls in love with an American raises an immediate red flag. Visajourney is full of all this type of stories. Every time the American citizen (the victim) says NO WAY..... this can't be, later on finds out that everything is possible.....

Edited May 20, 2013 by Hatem&Zeinab

[yorubaqueen13 28]

Hi folks, thanks in advance for any advice. Here's the situation. I'm going to try to stay factual 'cos we're both so upset but i'm just trying to figure out what's next so we can move forwards and still have something to look forward to.

My fiancee got back from the interview a few hours ago with bad news, we are denied. We had been so fortunate in the rest of the process to get to this stage quickly so at least we did not wait for so many extra months like i know many of you have, so at least we found this out now and not after waiting even longer. Silver linings...

Okay, i'm paraphrasing here and trying to make sense of what happened 'cos i was not at the interview myself, and that would not have helped the situation as i understand it, so if i leave any ambiguities forgive me but communication is tough until she returns home and the news is so fresh.

At the interview they did not even look at the relationship evidence, they said all our paperwork was in order but there is another problem.

7 years ago she saw another guy and they broke it off - he was going to file fiancee visa but then they broke it off. Since then he met another filipina and brought her to the USA, and now they have no contact. So she thought the visa was either not applied for, or was invalid/withdrawn due to him being able to bring a different fiancee over.

At the embassy they informed her that the previous K1 for her is in their system and is not withdrawn, and it's not allowed to have multiple petitions for the same beneficiary. She asked before leaving and they said we are Denied.

But on the State Dept site the case is updated to show

"Your case is under administrative processing. Please see the letter you received at your interview for more information."

There is no letter from the interview.

So, i have a few questions - i feel totally unprepared for this 'cos i had really anticipated an approval, and i'm still in shock about it but trying to be practical on how to go forward, so please be kind and polite with advice - i know almost everyone here is, so thank you.

These are some questions that i'm wondering about...

1. Will/should we receive a letter from the embassy?

2. How can we withdraw her previous petition - do we need to contact USCIS, NVC or the Embassy to do that? We don't even have a case number, A# or anything - just his and her names is all.

3. I assume of course that an appeal is a bad option - correct?

4. Will the denial cause problems for our next petition?

5. If we get the previous application withdrawn, from the previous fiancee, is it possible to get the current one withdrawn too and then simply refile with updated info?

6. Or is it better for us to get married and apply for spousal visa instead?

7. If we do go for spousal visa do we still need to get the previous applications withdrawn?

Any advice is appreciated, as i said i'm just so unprepared for this and trying to get what information i can to help us move forward.

Thanks, David and Celesty

This brought tears to my eyes..... God b with you and your love right now i dont kno the answer to your questions but i will b praying for u both!!! So sorry .....