QUOTE(pushbrk @ Jun 2 2008, 09:02 AM)

QUOTE(English Muffin @ Jun 2 2008, 06:41 AM)

QUOTE(rebeccajo @ Jun 2 2008, 09:39 AM)

It happens.
It might be advisable for your fiance to send written notification to USCIS that his petition for you is 'off'.
You might do well to also notify the consulate (I would do this after receiving P3).
I believe she already has the visa in her passport.
She does. This is a frequent occurance. Yes, it can be done but requires a waiver letter, which basically is a letter from the petitioner explaining why they are petitioning again and asking USCIS to proceed.
According to the law, a waiver is not required. However, it appears (at least initially appeared) that the USCIS was improperly adjudicating these petitions and were sending RFE's for waivers if the petition was the second within two years or a third overall petition.