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You mean the petition was not approved by USCIS or the visa was refused after the interview at the embassy ?

Generally speaking it is expired and closed but some people had issues so it's best to address it in the next petition ( if there is one)
and request it to be closed in a short note with names/dates/numbers etc.
Only the petitioner can request to close the petition (which most often has been expired/closed already), some fall through the crack

and are somehow mistaken for a still "live" petition. I have seen 2 of these with beneficiaries from the PI, none from other countries.
 


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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1 hour ago, Murph4865 said:

If a previous K1 was filed 4 years ago and petitioner was denied does that mean case was closed and cease to exist after that?

I have been battling USCIS for 6 months now trying to get them to withdraw a previously approved petition. Never got to interview stage.

Have you plugged the prior case into here? https://egov.uscis.gov/casestatus/mycasestatus.do

Good chance it is too old to show up there but worth a shot.

Next step CALL USCIS 1-800-375-5283 at 8 am tomorrow and ask for the status.

If you do not have the WAC# or a copy of the NOA 1 then you will need to give them both your name and DOB as well as the info for the beneficiary.

 

Why was prior petition denied? Not really relevant to your question but curious as we don't see too many denials here for petitioner.

 

When you say cease to exist if you are hinting at whether it needs to be included or referenced in any NEW filings of either K-1 or CR-1 spousal the answer is YES it does need to be listed on the 

I-129F or I-130 if spousal. Failure to list will be big problems at interview stage if not before that.

 

If you don't have the WAC # and plan to file another I-129F/CR-1 then when you call USCIS ask them for your old WAC # as you will need it on the new petition.

 

Good luck and keep us up to date.

 

I was just advised this morning by USICS that my prior K-1 was TERMINATED on Sept 1st but still no updates on the case tracker and nothing in writing in the mail so I will be calling them again in 2 weeks if I don't get anything before that regarding the request for withdraw of my prior I-129F.

 

Any other questions we are here to help.

 

EDIT: ok i just looked at your timeline and see you have already filed new K-1. Your NOA 1 is within a day or 2 of ours. Good luck.

Edited by LabOz

 

 

 

 

 

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4 hours ago, LabOz said:

I have been battling USCIS for 6 months now trying to get them to withdraw a previously approved petition. Never got to interview stage.

Have you plugged the prior case into here? https://egov.uscis.gov/casestatus/mycasestatus.do

Good chance it is too old to show up there but worth a shot.

Next step CALL USCIS 1-800-375-5283 at 8 am tomorrow and ask for the status.

If you do not have the WAC# or a copy of the NOA 1 then you will need to give them both your name and DOB as well as the info for the beneficiary.

 

Why was prior petition denied? Not really relevant to your question but curious as we don't see too many denials here for petitioner.

 

When you say cease to exist if you are hinting at whether it needs to be included or referenced in any NEW filings of either K-1 or CR-1 spousal the answer is YES it does need to be listed on the 

I-129F or I-130 if spousal. Failure to list will be big problems at interview stage if not before that.

 

If you don't have the WAC # and plan to file another I-129F/CR-1 then when you call USCIS ask them for your old WAC # as you will need it on the new petition.

 

Good luck and keep us up to date.

 

I was just advised this morning by USICS that my prior K-1 was TERMINATED on Sept 1st but still no updates on the case tracker and nothing in writing in the mail so I will be calling them again in 2 weeks if I don't get anything before that regarding the request for withdraw of my prior I-129F.

 

Any other questions we are here to help.

 

EDIT: ok i just looked at your timeline and see you have already filed new K-1. Your NOA 1 is within a day or 2 of ours. Good luck.

Thank u and good luck also.

What i was referring to was the lady i am with now was petitioned 4 years ago by another guy but uscis had denied him before Noa2 stage did not even get that far.

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18 hours ago, Murph4865 said:

Thank u and good luck also.

What i was referring to was the lady i am with now was petitioned 4 years ago by another guy but uscis had denied him before Noa2 stage did not even get that far.

Since it was denied and no NOA2 resulted you should be ok, I say should, be not will be.
She will be more scrutinized depending on the reason for the denial by USCIS.
 


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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9 hours ago, Ebunoluwa said:

Since it was denied and no NOA2 resulted you should be ok, I say should, be not will be.
She will be more scrutinized depending on the reason for the denial by USCIS.
 

She was beneficary and he was denied because of problems he had with the authorities here in the states at the time.

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2 hours ago, Murph4865 said:

She was beneficary and he was denied because of problems he had with the authorities here in the states at the time.

You can attach the reason for the denial behind the form asking if anyone ever filed a petition for her.

just a short paragraph explaining when it was filed and denied etc.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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