Filing I-130 for spouse but ex-wife filed I-130 in 2005

[claro 0]

I am new to this site and am just getting started. My fiance and I will be getting married in Nicaragua next month and I will be filing a I-130. The question is about an I-130 that was filed with him and his ex-wife in 2005. The last correspondence my fiance has is an I-797 Notice of Action saying that the original visa petition was sent to the Department of State Nation Vica Center in NH and that it needs consular action. It further says the beneficiary will be contacted by mail for further steps. Well he and his ex broke up and he never received any of the subsequent correspondence. We don't know where this petition stands. Is it required to have this previous petition revoked or something similar before I can file one for my fiance? We are assuming that the petition that his ex filed would not have been approved since my fiance had entered the US without inspection. We are aware that after we file our I-130 it will be denied and we have hopes that we can file a waiver and have it accepted. Thanks for your help.

[Dakine 26]

I am new to this site and am just getting started. My fiance and I will be getting married in Nicaragua next month and I will be filing a I-130. The question is about an I-130 that was filed with him and his ex-wife in 2005. The last correspondence my fiance has is an I-797 Notice of Action saying that the original visa petition was sent to the Department of State Nation Vica Center in NH and that it needs consular action. It further says the beneficiary will be contacted by mail for further steps. Well he and his ex broke up and he never received any of the subsequent correspondence. We don't know where this petition stands. Is it required to have this previous petition revoked or something similar before I can file one for my fiance? We are assuming that the petition that his ex filed would not have been approved since my fiance had entered the US without inspection. We are aware that after we file our I-130 it will be denied and we have hopes that we can file a waiver and have it accepted. Thanks for your help.

The petition is automatically revoked after 1 year at NVC without replies.

[claro 0]

The petition is automatically revoked after 1 year at NVC without replies.

Thank-you. I can we be sure that his ex didn't reply. Should this be a concern of ours?

[Dakine 26]

Thank-you. I can we be sure that his ex didn't reply. Should this be a concern of ours?

When I say reply I meant continuing the process by submitting payment and documents. I doubt if that would have been the case. You could call NVC.