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Full Version: Cancelled I-129F, Considering Trying Again With Same Girl...Anyone Done It Before?
VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

FlyRK
Hello everyone. About 6 months ago I had an approved I-129F waiting at the embassy in Kiev getting ready to schedule my fiancee's interview. About that time, she did some crazy things, like telling me a few lies and taking some money from me thinking she had some wonderful opportunity to establish herself in the business world in Ukraine. She was 22 yrs old then with a young boy. I was devastated, obviously. After waiting 3 months, I had to notify the embassy that I needed to cancel my K1 visa application. They asked me to write a letter why, the circumstances, etc., which I did. They then emailed me that based upon my letter, the K1 process was being canceled and returned to USCIS. I then received a letter from USCIS a couple weeks ago that they received my ap back from the State Dept. for review.

I assume there is some kind of formal cancellation of the I-129F petition at USCIS since it was sent back to them from the embassy. Is that correct from anyones experience or knowledge? What are the steps that occur in doing this so I show a clean slate if I apply again with another woman in the future?

And here is a crazy scenario/question...since all this happened, my former fiancee has realized she made some tremendous errors in judgment and has been trying extremely hard for me to give her a second chance. I have seen her and while it is tempting at times to at least consider, I don't know if it is even possible anymore. Has anyone here ever filed a K1, canceled it at the embassy level for bad behavior of the fiancee, and then tried to get the K1 again for the same person? Or contacted USCIS saying circumstances changed and you want to use the approved application? I know it all sound crazy, but if anyone has any experience doing this or has heard of someone doing this, I would really appreciate the feedback on what happened, what is or is not possible, etc. I should have tried to get an extension or something at the time, but at the time, I truly thought she would be history and I would never talk to her again. Crazy how things in life happen. Thanks for all your feedback.
EnZ
This is just my opinion but in filling out all these forms they ask you if you have ever sponsored someone for a visa. I would put "Yes" in all those places and perhaps attach a letter to the I-129F form explaining the situation. I dont think the USCIS are the relationship police and are only concerned with illegal activity.

Again just my opinion
JeroenAndMichelle
QUOTE(EnZ @ May 24 2008, 09:58 PM) *
I dont think the USCIS are the relationship police and are only concerned with illegal activity.

Thats true but they might think this is not a bonafide relationship in some ways. When I read the story myself, I really start to wonder why someone wants to be with her and I think the USCIS might wonder the same.. I think you need really good proof of an ongoing relationship in order to make this one get approved.
william_wallace
I think the best thing to do on this is get in contact with an lawyer on this one.

Best of luck.
pushbrk
QUOTE(JeroenAndMichelle @ May 24 2008, 04:33 PM) *
QUOTE(EnZ @ May 24 2008, 09:58 PM) *
I dont think the USCIS are the relationship police and are only concerned with illegal activity.

Thats true but they might think this is not a bonafide relationship in some ways. When I read the story myself, I really start to wonder why someone wants to be with her and I think the USCIS might wonder the same.. I think you need really good proof of an ongoing relationship in order to make this one get approved.


I guess it depends on what he put in the withdrawal letter in terms of a reason. I would have advised against giving any reason because it isn't needed. If he told a story about dishonesty and theft on the part of the intending immigrant, that's going to be on the record and need to be overcome in terms of evidence of bona fides at interview.

A letter of explanation asking for an IMBRA waiver will be needed with the petition filing. I see any problem being at the interview, not USCIS.

So, how much of your story of dishonesty and theft did you put in that withdrawal letter?
youtube
Us guys are suckers but you need to really ask yourself 'is she trustworthy'...only you can make the best guess because you could be played for as 'the fool'.

I would think you might have problems at the embassy level. If she doesn't pass, then what? I can see a lot of wasted time and energy. Only you can know if she is worth the effort....

Good luck
applewow
U.S. citizen can file for K-1 ONLY 2 times..And thats it...
And also has a waiting period to file a second K-1(in same cases they will also need a waver)..

You cancelled your K-1,petition went back to uscis thats it...
Your x-ukraine fiancee can get K-1 visas as long as someone filing one for her...



pushbrk
QUOTE(applewow @ May 24 2008, 07:07 PM) *
U.S. citizen can file for K-1 ONLY 2 times..And thats it...
And also has a waiting period to file a second K-1(in same cases they will also need a waver)..

You cancelled your K-1,petition went back to uscis thats it...
Your x-ukraine fiancee can get K-1 visas as long as someone filing one for her...


Actually there is no actual limit on how many times a US Citizen can file an I-129F petition for a fiance(e). They simply must request a waiver if they file (according to IMBRA) more than two petitions in two years. USCIS seems to interpreting IMBRA to require a waiver be filed with the second petition in two years.

If the USC wants to file 10 petitions, they can but they'd have to spread it over decades.

The OP can file the petition if he wants to. Getting the visa is another issue.


applewow
QUOTE(pushbrk @ May 24 2008, 09:22 PM) *
QUOTE(applewow @ May 24 2008, 07:07 PM) *
U.S. citizen can file for K-1 ONLY 2 times..And thats it...
And also has a waiting period to file a second K-1(in same cases they will also need a waver)..

You cancelled your K-1,petition went back to uscis thats it...
Your x-ukraine fiancee can get K-1 visas as long as someone filing one for her...


Actually there is no actual limit on how many times a US Citizen can file an I-129F petition for a fiance(e). They simply must request a waiver if they file (according to IMBRA) more than two petitions in two years. USCIS seems to interpreting IMBRA to require a waiver be filed with the second petition in two years.

If the USC wants to file 10 petitions, they can but they'd have to spread it over decades.

The OP can file the petition if he wants to. Getting the visa is another issue.


I defenetly know that U.S. citizen could only apply for K-1 2 time ...And thats it...Check uscis website or call them..
applewow
OK.Yes..You were right..It just stuck in my mind that USC could only file 2 time...

If USC filed more than 2 time he needs waiver(IMBRA)...
And not always its being approved...
Haole
QUOTE(applewow @ May 24 2008, 04:28 PM) *
QUOTE(pushbrk @ May 24 2008, 09:22 PM) *
QUOTE(applewow @ May 24 2008, 07:07 PM) *
U.S. citizen can file for K-1 ONLY 2 times..And thats it...
And also has a waiting period to file a second K-1(in same cases they will also need a waver)..

You cancelled your K-1,petition went back to uscis thats it...
Your x-ukraine fiancee can get K-1 visas as long as someone filing one for her...


Actually there is no actual limit on how many times a US Citizen can file an I-129F petition for a fiance(e). They simply must request a waiver if they file (according to IMBRA) more than two petitions in two years. USCIS seems to interpreting IMBRA to require a waiver be filed with the second petition in two years.

If the USC wants to file 10 petitions, they can but they'd have to spread it over decades.

The OP can file the petition if he wants to. Getting the visa is another issue.


I defenetly know that U.S. citizen could only apply for K-1 2 time ...And thats it...Check uscis website or call them..

Give us a USCIS link!!
applewow
QUOTE(Haole @ May 24 2008, 11:10 PM) *
QUOTE(applewow @ May 24 2008, 04:28 PM) *
QUOTE(pushbrk @ May 24 2008, 09:22 PM) *
QUOTE(applewow @ May 24 2008, 07:07 PM) *
U.S. citizen can file for K-1 ONLY 2 times..And thats it...
And also has a waiting period to file a second K-1(in same cases they will also need a waver)..

You cancelled your K-1,petition went back to uscis thats it...
Your x-ukraine fiancee can get K-1 visas as long as someone filing one for her...


Actually there is no actual limit on how many times a US Citizen can file an I-129F petition for a fiance(e). They simply must request a waiver if they file (according to IMBRA) more than two petitions in two years. USCIS seems to interpreting IMBRA to require a waiver be filed with the second petition in two years.

If the USC wants to file 10 petitions, they can but they'd have to spread it over decades.

The OP can file the petition if he wants to. Getting the visa is another issue.


I defenetly know that U.S. citizen could only apply for K-1 2 time ...And thats it...Check uscis website or call them..

Give us a USCIS link!!


Read again what I said after that
doodads
[quote name='applewow' date='May 24 2008, 10:07 PM' post='1869300']
U.S. citizen can file for K-1 ONLY 2 times..And thats it...
And also has a waiting period to file a second K-1(in same cases they will also need a waver)..
[quote]

Not true. I filed for three K-1s, two for the same woman, and all three were approved.
applewow
Congratulations!!!

But I wish and I hope uscis will change the rules and there will
be a limit...

P.S.There are alot of nice and good women in the states too...lol
panamania79
QUOTE(FlyRK @ May 24 2008, 12:30 PM) *
Hello everyone. About 6 months ago I had an approved I-129F waiting at the embassy in Kiev getting ready to schedule my fiancee's interview. About that time, she did some crazy things, like telling me a few lies and taking some money from me thinking she had some wonderful opportunity to establish herself in the business world in Ukraine. She was 22 yrs old then with a young boy. I was devastated, obviously. After waiting 3 months, I had to notify the embassy that I needed to cancel my K1 visa application. They asked me to write a letter why, the circumstances, etc., which I did. They then emailed me that based upon my letter, the K1 process was being canceled and returned to USCIS. I then received a letter from USCIS a couple weeks ago that they received my ap back from the State Dept. for review.

I assume there is some kind of formal cancellation of the I-129F petition at USCIS since it was sent back to them from the embassy. Is that correct from anyones experience or knowledge? What are the steps that occur in doing this so I show a clean slate if I apply again with another woman in the future?

And here is a crazy scenario/question...since all this happened, my former fiancee has realized she made some tremendous errors in judgment and has been trying extremely hard for me to give her a second chance. I have seen her and while it is tempting at times to at least consider, I don't know if it is even possible anymore. Has anyone here ever filed a K1, canceled it at the embassy level for bad behavior of the fiancee, and then tried to get the K1 again for the same person? Or contacted USCIS saying circumstances changed and you want to use the approved application? I know it all sound crazy, but if anyone has any experience doing this or has heard of someone doing this, I would really appreciate the feedback on what happened, what is or is not possible, etc. I should have tried to get an extension or something at the time, but at the time, I truly thought she would be history and I would never talk to her again. Crazy how things in life happen. Thanks for all your feedback.



Look deep before you leap (again).Make sure she's not trying to play you like an x-box 360.The USCIS may be leary of you redoing the I-129f for the same person again so you must have much proof that your relationship is on the up and up.Good luck.
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