Denied - Admin Review because of prior K1 petition

[bigD1983 5]

I have seen a few articles on AP, and they are pretty informative - thanks. HOWEVER, I have yet to find a situation like mine (although I hear it is quite common??). My Fiance and I have been together for almost 3 years. She had a previous relationship about 4 years ago with a guy who she was engaged with and filed a K1 visa petition. They never went beyond filing it and getting an initial approval (NOA1) and no interview or travel to US. They broke up because of his cheating and treatment towards her before the process was completed. Matter of fact they only met once in person. They haven't had contact since - at all. She cannot even remember his middle name, exact age, or where he is now - no contact whatsoever. I know...weird...but it is what it is and it was a while ago.

Meanwhile, we have completed the whole process for the K1 (USCIS, NVC, and this morning failed the Embassy Interview). Every form that we filled out, we put all of the correct info. Every spot that asked about previous rela's we put his name and that they filed before together (again, this relationship was almost 4 years ago...2010ish). They denied her this morning and gave her a 221g form for Admin Processing.

We have PLENTY of proof for our rela the past 3 yrs (she brought about 15lbs of paperwork with her this morning to the Embassy), and I have visited her multiple times in the Philippines, most recently Jan 2013. I will also be going there in December (few weeks) to visit. We had our plane tickets to the US already on the 14th of Dec, with plans to get married in Vegas already booked for 21 Dec. Not to mention both our families had plans already to be a part of that celebration...wasted now.

I don't see why an approved I-129f is valid for only 4 months, yet an incompleted and outdated K1 petition is still valid and causing issues for almost 4 years now?! From what I understand I need to file a request for waiver or something?? I plan on calling the USCIS tonight, as well as DoS. If I'm not satisfied, I will be calling a lawyer but they charge $300 for a phone consultation - so that's my last ditch effort. I will not sit and wait for this Admin thing to take it's course. I want to know what I can do to make this happen. Any help or advice will be GREATLY appreciated!!!

**Please I don't need the, "I'm so sorry to hear that" or, "I hope it works out." That's useless right now. I hope I'm not being rude, but I didn't join to receive sympathy.

THANKS!!!

[Cathi 5,783]

Administrative review is not a denial. What exactly does the 221 g say? Was the petition from her former fiancé cancelled, or did they just do nothing? The proper thing for her ex to have done would have been to cancel the petition all together.

Edited November 13, 2013 by mimolicious

[bigD1983 5]

I'm still waiting for her to scan it to me now. I have want to review it myself. I checked into it some more and been told that I have a chance to call the embassy myself and ask to speak to the senior consular office to plead my case. Seems a little too good to be true. She isn't "fishing" for visa's or whatever else I have been reading...we have a bonafide rela of almost 3yrs. So this is very confusing to me, however I understand at the same time why it was put to AP.

I know it's my fault for planning stuff in the US prior to having approval for all this...but I'm trying to salvage the situation before it's too late.

Thanks for the fast reply. I'll reply once she sends the 221g.

Masalam

[bigD1983 5]

After they initially filed, they broke up. They did nothing after that.

The 221g says only "you have multiple K1 applications pending." There is nothing else checked or marked on the form. Just the info at the top and the consular's horrible signature on the bottom.

Also, they gave her passport back to her...not sure if that matters.

[Cathi 5,783]

After they initially filed, they broke up. They did nothing after that.

The 221g says only "you have multiple K1 applications pending." There is nothing else checked or marked on the form. Just the info at the top and the consular's horrible signature on the bottom.

Also, they gave her passport back to her...not sure if that matters.

This means that the petition from her ex was never cancelled, and it needs to be. The petitioner is the only one who can cancel,it, and it needs to be done in writing.

[bigD1983 5]

...and if there is no way to contact him?? I find it hard to believe that its the final straw. Not everyone keeps in contact with ex's...especially when there is a bad break up such as this. I am currently in Afghanistan, so it's late and I'm waiting for the USCIS office to open. I'll call them first, then DoS, then a Lawyer and my Congressman.

Not really sure what else to do. Thanks again for at least replying and giving insight.

[Cathi 5,783]

...and if there is no way to contact him?? I find it hard to believe that its the final straw. Not everyone keeps in contact with ex's...especially when there is a bad break up such as this. I am currently in Afghanistan, so it's late and I'm waiting for the USCIS office to open. I'll call them first, then DoS, then a Lawyer and my Congressman.

Not really sure what else to do. Thanks again for at least replying and giving insight.

The only thing I can say is consult with a reputable immigration attorney. Calling the embassy and pleading your case won't do anything. Your fiancé has 2 petitions pending from 2 different people, they cannot grant a visa until the first one is cancelled, they have strict rules and guidelines to follow. The way they look at it is it isn't their problem if she cannot reach her ex, they simply won't give her the visa until what is broken is fixed. Best of luck and keep us updated. Edited November 13, 2013 by mimolicious

[bigD1983 5]

I just got off the phone with my Congressman's office. Out of this whole process they have been the most helpful and appreciative of the situation. I filled out a document to update them on the situation and was informed that she will forward the case this afternoon and try to reach out to Dept. of State contacts, as well as Immigration office contacts to see if the situation can be fixed.

I definitely recommend this step before contacting a lawyer for a $300 phone call consultation!!!

Fingers Crossed!!

[chaingang 7]

well if she has already 2 k1 petition pending , they are definitely thinking she is fishing for visa only , once CO has doubt its not that easy to prove that your relation is bonafide, the problem you have last petition or petitions are not cancelled and you filed for another one , so they have doubt on her that she is fishing for visa

[Shiobhan 235]

There's a red flag ....GC shopping...was relationship

bonafide, she cant remember things about him, the

petition was never cancelled CO thoughts, hope U get

help butcongress-person cannot speed up the AP process, its

not a total denial, they need clarifications on a situation

where 2 petitions exists maybe.

[krinamej 1]

After they initially filed, they broke up. They did nothing after that.

The 221g says only "you have multiple K1 applications pending." There is nothing else checked or marked on the form. Just the info at the top and the consular's horrible signature on the bottom.

Also, they gave her passport back to her...not sure if that matters.

I think until her previous boyfriend withdraws that application, they will not give her a visa. Giving her passport back mean gives that away. We planned so much thinking that it's a sure thing since we have a kid together and have been together for 4 years, but that's not the case. They issued us a 221g for not meeting the poverty line, so my son and I are going home so we could get married.

They always bxllshxt you with that, "You can talk on the phone with such and such.." but when you're on the phone, they're gonna tell you that they cannot discuss cases on the phone and you should email them.

Goodluck.

[David & Diana R 1,005]

I have seen a few articles on AP, and they are pretty informative - thanks. HOWEVER, I have yet to find a situation like mine (although I hear it is quite common??). My Fiance and I have been together for almost 3 years. She had a previous relationship about 4 years ago with a guy who she was engaged with and filed a K1 visa petition. They never went beyond filing it and getting an initial approval (NOA1) and no interview or travel to US. They broke up because of his cheating and treatment towards her before the process was completed. Matter of fact they only met once in person. They haven't had contact since - at all. She cannot even remember his middle name, exact age, or where he is now - no contact whatsoever. I know...weird...but it is what it is and it was a while ago.

Meanwhile, we have completed the whole process for the K1 (USCIS, NVC, and this morning failed the Embassy Interview). Every form that we filled out, we put all of the correct info. Every spot that asked about previous rela's we put his name and that they filed before together (again, this relationship was almost 4 years ago...2010ish). They denied her this morning and gave her a 221g form for Admin Processing.

We have PLENTY of proof for our rela the past 3 yrs (she brought about 15lbs of paperwork with her this morning to the Embassy), and I have visited her multiple times in the Philippines, most recently Jan 2013. I will also be going there in December (few weeks) to visit. We had our plane tickets to the US already on the 14th of Dec, with plans to get married in Vegas already booked for 21 Dec. Not to mention both our families had plans already to be a part of that celebration...wasted now.

I don't see why an approved I-129f is valid for only 4 months, yet an incompleted and outdated K1 petition is still valid and causing issues for almost 4 years now?! From what I understand I need to file a request for waiver or something?? I plan on calling the USCIS tonight, as well as DoS. If I'm not satisfied, I will be calling a lawyer but they charge $300 for a phone consultation - so that's my last ditch effort. I will not sit and wait for this Admin thing to take it's course. I want to know what I can do to make this happen. Any help or advice will be GREATLY appreciated!!!

**Please I don't need the, "I'm so sorry to hear that" or, "I hope it works out." That's useless right now. I hope I'm not being rude, but I didn't join to receive sympathy.

THANKS!!!

Okay so you want no sympathy? You won't get it from me. My bet is she will not be issed a visa until the other/s are cancelled in writing.

[Tommytoys 1]

Mary her in the Philippines and apply for a K-3 Visa. Don't know if this would work, but it's an idea.

[cdneh 3,112]

She would still have the issue of a previous K1 not cancelled wouldn't she?

[David & Diana R 1,005]

Mary her in the Philippines and apply for a K-3 Visa. Don't know if this would work, but it's an idea.

I would recommend a CR-1 VISA. But without the other visa application/s being withdrawn I don't think marriage will help.

She would still have the issue of a previous K1 not cancelled wouldn't she?

Yes I would agree. Me thinks any outstanding petitions must be cancelled first regardless.