old petition

[jfish 0]

hello

I'm posting this for a friend who is in a bit of a situation right now and I hope someone can help them.

This girl(filipina) has a fiancé(american) who filed a K 1 petition before for his ex gf(which is a Filipina too). When they broke up he didn't know what happened to the petition. he didn't have a receipt number saying that he only filled out the initial paper work then its the ex and the sister who processed the rest. He didn't have any noa1 or noa2 or any updates on what happened to their petition.

Now he has a new fiance and wanted to file a new k1 petition but they're worried because of his previous one.

They wanted the old petition cancelled but since they don't have his old receipt number they don't know what to do. has anyone experienced this before?

Edited April 11, 2015 by jfish

[Shauneg 762]

They couldn't have completed the process without him. They would have needed more documents later from him. At worst it sounds like the petition could have got as far as the embassy and stalled there. It goes deliquent after four months if a visa is not applied for. Contact USCIS first to see if it got that far, then NVC, then the embassy. Either way it won't affect a new one, they may or may not ask questions....most likely not. He is free and clear to reapply though.

Good luck on your journey. I mean good luck to your friend.....

USCIS

http://www.uscis.gov/about-us/contact-us

They should make an appointment with the local center.

NVC

603-334-0700

Embassy

http://manila.usembassy.gov/wwwh3023/contact-us.html

The Embassy's main telephone number is (63 2) 301-2000.

Edited April 11, 2015 by Shauneg

[VOL 425]

The visa process will stay alive for years, and the USEM will never recoginize it .

If the petitioner is filing for a new girl he should be fine..

Edited April 11, 2015 by VOL

[jfish 0]

thank you Shauneg and Vol for helping. I know this site is really helpful. I've asked my own question her almost a month ago about waiting for my visa to be issued. anyways I showed this to her and hopefully she and her fiance can talk this over and start their petition

[Hank_ 9,173]

hello

I'm posting this for a friend who is in a bit of a situation right now and I hope someone can help them.

This girl(filipina) has a fiancé(american) who filed a K 1 petition before for his ex gf(which is a Filipina too). When they broke up he didn't know what happened to the petition. he didn't have a receipt number saying that he only filled out the initial paper work then its the ex and the sister who processed the rest. He didn't have any noa1 or noa2 or any updates on what happened to their petition.

Now he has a new fiance and wanted to file a new k1 petition but they're worried because of his previous one.

They wanted the old petition cancelled but since they don't have his old receipt number they don't know what to do. has anyone experienced this before?

One question. When was this other petition filed? A waiver could very likely be required by USCIS to allow the process of this new petition.

They couldn't have completed the process without him. They would have needed more documents later from him. At worst it sounds like the petition could have got as far as the embassy and stalled there. It goes deliquent after four months if a visa is not applied for. Contact USCIS first to see if it got that far, then NVC, then the embassy. Either way it won't affect a new one, they may or may not ask questions....most likely not. He is free and clear to reapply though.

Good luck on your journey. I mean good luck to your friend.....

USCIS

http://www.uscis.gov/about-us/contact-us

They should make an appointment with the local center.

NVC

603-334-0700

Embassy

http://manila.usembassy.gov/wwwh3023/contact-us.html

The Embassy's main telephone number is (63 2) 301-2000.

With USEM, IF the petition made it to the embassy it will stay active for a year, does not "die off" in four months.

[Shauneg 762]

With USEM, IF the petition made it to the embassy it will stay active for a year, does not "die off" in four months.

Ok, my I-797 in front of me is dated for four months. What is that then? It was my understanding that if no action is taken by that date then the petition is considered abandoned unless an extension is requested. Serious question...

Edited April 12, 2015 by Shauneg

[Shauneg 762]

Ok, my I-797 in front of me is dated for four months. What is that then? It was my understanding that if no action is taken by that date then the petition is considered abandoned unless an extension is requested. Serious question...

Found it,.....thanks for the info.

9 FAM 41.81 N6.1 Action When Petition Received (TL:VISA-2; 08-30-1987) Upon the receipt of an approved K-1 visa petition, the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa. If the initial 4- month validity of a petition has expired without a response to the post’s letter, the consular officer should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days. If the 60-day period passes without a response from either party, or, if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned; the petition is to be retained at the post for a period of one year and then destroyed.

[VOL 425]

Found it,.....thanks for the info.

9 FAM 41.81 N6.1 Action When Petition Received (TL:VISA-2; 08-30-1987) Upon the receipt of an approved K-1 visa petition, the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa. If the initial 4- month validity of a petition has expired without a response to the post’s letter, the consular officer should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days. If the 60-day period passes without a response from either party, or, if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned; the petition is to be retained at the post for a period of one year and then destroyed.

They keep it there much longer than one year. I would say at least 2 years and maybe a little longer

[Greenbaum 12,258]

They keep it there much longer than one year. I would say at least 2 years and maybe a little longer

I'm a little confused Vol. Is that your opinion that your stating or is it something that you read and can give us an opportunity to read and understand what you are putting forth here. Post your source please or state that's your opinion.

[Hank_ 9,173]

Ok, my I-797 in front of me is dated for four months. What is that then? It was my understanding that if no action is taken by that date then the petition is considered abandoned unless an extension is requested. Serious question...

That is the validity that USCIS initially issues. USEM will extend that validity up to a year, they do it automatically.

They keep it there much longer than one year. I would say at least 2 years and maybe a little longer

They may have the information "on file" for longer than a year, but the petition will become void after one year from issuance of the approved petition.

[VOL 425]

I'm a little confused Vol. Is that your opinion that your stating or is it something that you read and can give us an opportunity to read and understand what you are putting forth here. Post your source please or state that's your opinion.

This is recent personal experience.

I filed a K1 on May 2012 it was approved. On April 2014 I sent a letter to withdraw my petition, and received a letter in May 2014 from USEM saying that my petition is revoked upon formal notice by the petitioner.

Then last month March 2015 I get a letter from USCIS saying that the case is being returned the Vermont office saying "they are administratively closing this petition because the original validity dates have now passed"

[Hank_ 9,173]

The had the file but it was was "usable" as the validity period had passed .... it was just so much clutter in the cupboard.

[VOL 425]

The had the file but it was was "usable" as the validity period had passed .... it was just so much clutter in the cupboard.

For sure it's a Clusterfvck...........

[Hank_ 9,173]

s-load of typos in my post... Should wait until I have had at least two cups of coffee before typing.