Second k-1 visa petition

[Waitingpatiently 0]

I(petitioner) had filed my first visa petition for someone else, and our lawyer said we needed an engagement certificate, he was very persistent about it, and his country doesn't have engagement certificates. So my former fiance got a marriage certificate from the stationery and crossed out the marriage part and put engagement. Our petition got revoked at the consulate, because the consulate thought that was a real marriage certificate when it wasn't even registered, and stated that the petitioner and beneficiary are now married, but really we weren't. So because of the hold up, our relationship fell apart and I did not continue with that petition anymore.

I met someone else and am filing a petition for my second fiance (i got a new lawyer too because the first lawyer turned out to be prejudice based on my judgement), will my history in filing a petition for someone different affect my fiance getting a visa? I had written an affidavit that I no longer want to continue with the first petition, and to withdraw. I also stated under oath with my lawyer, that I was never married to my former fiance.

In other words, will the consulate hold up my fiance's visa because of the first case. Since that was a marriage certificate changed into an engagement certificate, but we did not get married and stated under oath that I'm not married to my former fiance, will the consulate revoke the current petition that I filed now? The USCIS did not ask for a divorce certificate and they are aware of why the first petition was revoked.

What I'm trying to say is, does the consulate still have access to the revoked petitions or no? Or have history of the previous petition I filed? Even though, I wrote in the 2nd petition, I explained the whole situation from the certificates and stated under oath that I was never married.

Please give me some advice or any information that would help me avoid a delay... thank you

[Anh map 2,098]

Triple post

[Gary and Alla 3,694]

I(petitioner) had filed my first visa petition for someone else, and our lawyer said we needed an engagement certificate, he was very persistent about it, and his country doesn't have engagement certificates. So my former fiance got a marriage certificate from the stationery and crossed out the marriage part and put engagement. Our petition got revoked at the consulate, because the consulate thought that was a real marriage certificate when it wasn't even registered, and stated that the petitioner and beneficiary are now married, but really we weren't. So because of the hold up, our relationship fell apart and I did not continue with that petition anymore.

I met someone else and am filing a petition for my second fiance (i got a new lawyer too because the first lawyer turned out to be prejudice based on my judgement), will my history in filing a petition for someone different affect my fiance getting a visa? I had written an affidavit that I no longer want to continue with the first petition, and to withdraw. I also stated under oath with my lawyer, that I was never married to my former fiance.

In other words, will the consulate hold up my fiance's visa because of the first case. Since that was a marriage certificate changed into an engagement certificate, but we did not get married and stated under oath that I'm not married to my former fiance, will the consulate revoke the current petition that I filed now? The USCIS did not ask for a divorce certificate and they are aware of why the first petition was revoked.

What I'm trying to say is, does the consulate still have access to the revoked petitions or no? Or have history of the previous petition I filed? Even though, I wrote in the 2nd petition, I explained the whole situation from the certificates and stated under oath that I was never married.

Please give me some advice or any information that would help me avoid a delay... thank you

Glad you are not using the same lawyer, he doesn't know what he is doing. I don't know if he's prejudiced, maybe just stupid. And too bad you gave up a relationship because of bad advice and an easily corrected issue. I suspect the needless "engagement certificate" was not the reason. Anyway, you do not EVER need an engagement certificate (where DO attorneys dream this stuff up?) You need letters of intent which VJ has an excellent sample here. Change the names and dates and print it and sign. Anyone who tells you that you need anything more is wrong.

You don't list the consulate you are using. At any rate you never had an approved petition so the consulate may be none the wiser, nothing was ever sent to them for the previous case. Also you are exempt from the waiver requirement as you never had an approved petition.

Still, best to tell #2 that he is #2. Just in case the consulate does get wind of it and mention it at the interview. It would not be a disqualifying factor in itself, but a strict consulate could question the sincerity of the relationship.

[JimVaPhuong 4,863]

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

[Waitingpatiently 0]

Thank you Gary and Alla, for your advice, it really helped a lot.

I told the lawyer there is no such thing as an engagement certificate, I don't even think there is one here in America.

The second lawyer had mentioned it in the first letter of all the documents the lawyer had listed, that I stated under oath that I was never married to my former fiance and do not wish to pursue that petition.

The consulate had stated that the "engagement certificate" is a marriage certificate, when I had emailed the consulate at that time to follow up on the interview date. This all happened a year ago. If I knew about the VJ, I wouldn't have got a second lawyer. All I know, is VJ will help me through the rest of the journey (AOS and so forth) for sure!

The second petition is approved and going to the same consulate as last year, so i'm just wondering if the consulate has access to the previous petition on their computers or something. They sent a letter last year that the petition was already sent back to NVC and that NVC sent it back to USCIS. So i'm guessing they don't have it anymore?

My fiance knows that I was previously engaged, he knows everything so I'm not worried about that. I'm just worried about the consulate not revoking this one because of the first petition.

[Waitingpatiently 0]

Triple post

sorry I realized I posted it on wrong forums, i tried to delete them but i couldn't find a way to delete them

[Waitingpatiently 0]

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

the previous k1 petition was approved a year ago, but my current lawyer didn't do the waiver :\... i guess she didn't know... ughhhhhhhhhhhhhhhhhh

[Gary and Alla 3,694]

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

Jim, her previous petition was not approved. So she does not need a waiver.

OP...you are correct, There is no such thing as an "engagement certificate" in the USA. Maybe in some other country there is, BUT the USCIS requires no such thing for the petition. It IS required for each party to write and sign a letter stating they intend to get married within 90 days of the benficiaries arrival in the USA. The VJ sample is a good one, we used it exactly as printed except names and dates

[Waitingpatiently 0]

what do you mean by petition approved? you mean if my former fiance received the visa? is that what they mean by approved petition?

[JimVaPhuong 4,863]

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

Jim, her previous petition was not approved. So she does not need a waiver.

OP...you are correct, There is no such thing as an "engagement certificate" in the USA. Maybe in some other country there is, BUT the USCIS requires no such thing for the petition. It IS required for each party to write and sign a letter stating they intend to get married within 90 days of the benficiaries arrival in the USA. The VJ sample is a good one, we used it exactly as printed except names and dates

Hi Gary.

Her petition was approved by USCIS. The visa was not granted.

[Gary and Alla 3,694]

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

the previous k1 petition was approved a year ago, but my current lawyer didn't do the waiver :\... i guess she didn't know... ughhhhhhhhhhhhhhhhhh

Wait...you said your petition was denied! Which is it? If the petition was denied, you do not need a waiver. If it was approved and the visa was denied at the consulate then you DO need a waiver and they will definitely ask questions about this to your fiance at the interview. Please let us know as it changes the answer.

Petitions and visas are NOT the same thing. YOU file a petition, the foreign beneficiary applies for a visa. If it was denied by USCIS then you never had a approved petition. If it was denied at the consulate then you DID have an approved petition.

[Gary and Alla 3,694]

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

Jim, her previous petition was not approved. So she does not need a waiver.

OP...you are correct, There is no such thing as an "engagement certificate" in the USA. Maybe in some other country there is, BUT the USCIS requires no such thing for the petition. It IS required for each party to write and sign a letter stating they intend to get married within 90 days of the benficiaries arrival in the USA. The VJ sample is a good one, we used it exactly as printed except names and dates

Hi Gary.

Her petition was approved by USCIS. The visa was not granted.

OK, I did not understand that from reading. Better go back and read again.

If that is the case she DOES need a waiver and her fiance better be prepared for the questions. Even Kiev, which is a cakewalk compared to some consulates, grills people on this. If their answers are reasonable they get the visa. MOST IMPORTANT....number 2 fiance needs to KNOW he is #2. If they spring it on him at the interview and he isn't aware of it, you can expect another denial.

You will probably get an RFE for the waiver, OR the case may just be rejected and have to be re-submitted with a waiver. If you are going to use attorneys, use one that isn't stupid AND you need to inform THEM of all your past dealings with USCIS.

[Waitingpatiently 0]

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

the previous k1 petition was approved a year ago, but my current lawyer didn't do the waiver :\... i guess she didn't know... ughhhhhhhhhhhhhhhhhh

Wait...you said your petition was denied! Which is it? If the petition was denied, you do not need a waiver. If it was approved and the visa was denied at the consulate then you DO need a waiver and they will definitely ask questions about this to your fiance at the interview. Please let us know as it changes the answer.

Petitions and visas are NOT the same thing. YOU file a petition, the foreign beneficiary applies for a visa. If it was denied by USCIS then you never had a approved petition. If it was denied at the consulate then you DID have an approved petition.

it was not denied by USCIS, I mentioned that the petition was revoked by the consulate when they saw the engagement certificate... so if i didn't apply for a waiver, what questions will they ask of my fiance at the interview?

and will the consulate have access to the first petition that was revoked as they are reviewing the second petition? will they revoke the second petition because of the first petition?

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

Jim, her previous petition was not approved. So she does not need a waiver.

OP...you are correct, There is no such thing as an "engagement certificate" in the USA. Maybe in some other country there is, BUT the USCIS requires no such thing for the petition. It IS required for each party to write and sign a letter stating they intend to get married within 90 days of the benficiaries arrival in the USA. The VJ sample is a good one, we used it exactly as printed except names and dates

Hi Gary.

Her petition was approved by USCIS. The visa was not granted.

OK, I did not understand that from reading. Better go back and read again.

If that is the case she DOES need a waiver and her fiance better be prepared for the questions. Even Kiev, which is a cakewalk compared to some consulates, grills people on this. If their answers are reasonable they get the visa. MOST IMPORTANT....number 2 fiance needs to KNOW he is #2. If they spring it on him at the interview and he isn't aware of it, you can expect another denial.

You will probably get an RFE for the waiver, OR the case may just be rejected and have to be re-submitted with a waiver. If you are going to use attorneys, use one that isn't stupid AND you need to inform THEM of all your past dealings with USCIS.

the thing is USCIS did approve the second petition too, and they noted on the approval notice that note this is your second approved petition... will they make a big deal about this at the NVC or at the consulate as to why I didn't file a waiver?

[Gary and Alla 3,694]

I(petitioner) had filed my first visa petition for someone else, and our lawyer said we needed an engagement certificate, he was very persistent about it, and his country doesn't have engagement certificates. So my former fiance got a marriage certificate from the stationery and crossed out the marriage part and put engagement. Our petition got revoked at the consulate, because the consulate thought that was a real marriage certificate when it wasn't even registered, and stated that the petitioner and beneficiary are now married, but really we weren't. So because of the hold up, our relationship fell apart and I did not continue with that petition anymore.

I met someone else and am filing a petition for my second fiance (i got a new lawyer too because the first lawyer turned out to be prejudice based on my judgement), will my history in filing a petition for someone different affect my fiance getting a visa? I had written an affidavit that I no longer want to continue with the first petition, and to withdraw. I also stated under oath with my lawyer, that I was never married to my former fiance.

In other words, will the consulate hold up my fiance's visa because of the first case. Since that was a marriage certificate changed into an engagement certificate, but we did not get married and stated under oath that I'm not married to my former fiance, will the consulate revoke the current petition that I filed now? The USCIS did not ask for a divorce certificate and they are aware of why the first petition was revoked.

What I'm trying to say is, does the consulate still have access to the revoked petitions or no? Or have history of the previous petition I filed? Even though, I wrote in the 2nd petition, I explained the whole situation from the certificates and stated under oath that I was never married.

Please give me some advice or any information that would help me avoid a delay... thank you

OK, reading this again. I see "our petition got revoked..." and assume she means by USCIS. I see it was rejected by the consulate, which means the VISA was denied...NOT the petition. OK. Sorry for the confusion and all the posts. YES, you need a waiver.

But DO tell...your former attorney saw this botched up "engagement certificate" and thought THAT was OK? Sheeesh. Online education I guess. University of Pheonix law degree.

Edited June 28, 2009 by Gary and Alla

[Waitingpatiently 0]

thank you gary and alla, reallly you are helping me out a lot! i appreciate itttt

my fiance does know I was engaged before, he knows about everything from the whole start of the process to the revoking of the petition. I know the consulate will ask my fiance, do you know your fiancee was engaged before, that i know for sure they will ask. what else will they ask though?