I have a few questions for those who can help me.
in 2013 I got married in the United States to now my ex husband. A few months into our marriage he lied and left to Mexico. He was illegal so I filed the I-30 and started his immigration process from the states. a few months later I realized he had another family in Mexico and was cheating on me. so in 2014 I went to Mexico hoping to get him to sign the divorce. Took me several months for him to finally sign the divorce. His immigration process continued all the way to setting him an interview date for Cuidad Juarez Embassy but he never appeared since by then we were already separating. My ex husband never wanted a visa to the states or to live in the USA. He purposely left to Mexico hoping I would follow him but I couldn't so in the end we divorced. Our divorce was finalized in May 2015. I did his I-30 in November but it was approved July 2014. his interview was for the date of Feb 2015 but he never went nor did he want to.
Truthfully I was in the divorce process since October 2014 and we had been living apart since September 2013 for those who wish to know.
in late February 2015 as my divorce is in the process I met a wonderful Man who is now my fiance. In September I went to Ghana to met him and his family and stayed with them for 3 weeks. I had a wonderful time and we fell in love. that November I start the K1 visa for him not realizing my ex husband I-30 Petition is still active so I got an RFE. I answered the RFE and a month later his I-30 was approved from USCIS and then moved to the NVC then onto the Ghana embassy who scheduled my Fiance his k1 visa appointment for July 19, 2016. I attended my Fiance appointment with him but was not let inside the building although We called the embassy and emailed them. I also made sure to show lots of proof of me trying to cancel my ex husband petition. I truly did a lot of work trying to cancel it. I had receipts from the post office sending mail to the embassy in Mexico and to the USCIS who approved my ex husband petition. I also included fax documents and email chats I had with department of state and USCIS and Mexico embassy showing they all received my petition to cancell.
I have been working hard to cancell that petition since January 2016 when I received my first RFE.
I even went into my embassy in the states twice to do the infopass trying for them to help me cancel the petition. I sent notarized withdrawal letters and copies of the divorce documents. I even went to a lawyer to get advise on how to cancel it and was told I am doing everything correct. I called USCIS, NVC and Mexico embassy. I have tried everything I can to get my ex husband petition cancelled. Truthfully I'm a bit surprised his petition is still active since Its been over 2 years that it was approved and almost 3 years since I filed for him.
I even have evidence that they received my emails and responses that they received my petition to withdraw. I also put tracking on the post office mail i send to mexico embassy and USCIS in Texas. My fiance showed all this evidence to the lady who interviewed him and explained we were trying to get it cancelled. The consular who interviewed my fiance was nice and apologized to my fiance but denied him the visa and told him it was because I was considered a married women and we chatted while I was married and then told him that She is sorry she cant grant him a visa but that I cant have two I-30 approved and they must deny his. MY fiance said we showed her the divorce decree and evidence and she acknowledge it but then denied it and said sorry.
Truthfully my heart Aches. I was told the Ghana embassy is really tough. I presented amazing evidence of our relationship I have no doubt everything was in order. I believe they just wanted to deny us since I am considered a multiple filer.
My fiance is amazing and we truly do love each other so please no harsh judgment.
I hate that I petitioned for my ex husband before and hate that my fiance was denied because of me.
Tears just keep falling off my eyes since I don't know what to do now?
how to proceed? do we do the CR1? refile for the K1 visa? can I fight this since I feel it unjust to be denied for something I cant control? I have done everything to cancel that old petition and still no one has done it?
I was told to talk to my senator and see what they can do. I'm just afraid more time will pass until my fiance can come to the states with me. I'm hurting really bad especially knowing that even If I try to do the visa application again we might be denied because no one seems to know how to cancel my ex husband petition.
The Ghana embassy also took all of our original documents and all the evidence of our relationship. This also makes me really sad since I was foolish not to save all the evidence. they have my old flight tickets and receipts and most important the original proof of me trying to cancel my ex-husband petition. I was told the Ghana embassy will send the documents back to USCIS with our case and I could request it from them. But I worry USCIS will never return that evidence since they cant even cancel and old petition of 2+years ago.
this was the denial letter my fiance got.
We are unable to issue a visa in the above mention case because the applicant has been found ineligible
under section 221(g) Immigration and Nationality Act... etc.
Please those who know anything that I could do please advise me. I went to my lawyer that I have used in the past and he is surprised I was denied for something I have send request to withdraw. I'm still trying to figure out what to do. I don't want to let time keep wasting. I need my fiance at my side.
Please and thank you.