How to cancel a k-1 application or check if the k1 is still open case?

[mistizagirl 0]

i will try to make this short.....my fiance was engaged before to american girl. she applied for a k1 visa for them. they got as far as his interview. he interviewed (feb 2005) and the consulate told him that they were sending back to the states for more proof of relationship. they told him they will contact him but he never heard from them. months later the relationship ended and he didnt think about the visa again....moving forward....he found me and we are getting married and will be applying for k1. he later that year applied for tourist visa to go visit his sister in chicago who also married an american but the moroccan consulate denied due to her bank statement didnt have her maiden name on it.

he does not have the receipt number for the k1 cuz he said he took all his paper work to the consulate when he interviewed so i dont have this number to check the system even if there was a status. so my question is this.....can we assume that the case is closed on the k1 since is be way over a year? how can we get this receipt number to check if there is status on the is k1? he has tried to contact the consulate office with no success by phone and email. his next step is going to casa to talk to the consulate office but before he goes i just wanted to see if anyone has an idea on this.

we have decided to get a lawyer since this does not seem like a straight forward case but i have not hired one yet. any suggestions on this being a good idea on getting a lawyer due to the past visas he has applied for? or could i just go and do the paperwork myself and save me $1800?

thanks for helping

[snz1802 0]

First of all you mentioned in your post that you are getting married and then applying for the K1. You cannot get married and then apply for the K1, you have to apply for the K1 and then get married in the United States. If you are getting married first you would need to apply for the K3.

As for his first case, if it was sent back to USCIS, over a year ago, and the USC or the beneficiary didn't follow up on the RFE, they probably assumed the case had been abandoned. He could try contacting USCIS and finding out if there is any information regarding the case there. That is were it would be if they returned it to the States.

Since you have not ever applied for anyone else before I don't see a problem with you applying for him, but you may want to contact an attorney regarding the fact that he had a prior petition from another USC, and nothing ever came of it, you may want to do some research on the new IMBRA laws as well, may save you some money on hiring an attorney.

~Stacey

[Boiler 47,533]

1. he found me and we are getting married and will be applying for k1.

2. he later that year applied for tourist visa to go visit his sister in chicago who also married an american but the moroccan consulate denied due to her bank statement didnt have her maiden name on it.

3. he does not have the receipt number for the k1 cuz he said he took all his paper work to the consulate when he interviewed

1. As has been said K1 is for Fiancee's.

2. This would not be the reason for a B refusal. I would guess that they considered he would not return.

3. They do not take all your paperwork.

Probably the quickest option would be to ring his last fiancee and ask her if she has the number.

[macky 0]

i was first engaged last year to an american. things didnt work out for the both of us so i broke up with him.what i did was i wrote a letter stating i am withdrawing the k1 visa application, i enclosed the packet US embassy sent me and mailed it back to them. i also faxed them the same letter and even emailed them. surprisingly, they replied to my email and they also sent me a formal letter stating my case is closed and they will send it to Laguna Niguel California office for disposition.some immigration lawyers adviced to make sure you have a hard copy from US embassy, NVC or USCIS that the case has already been withdrawn, if not, you should fix that first and make sure you have a hard copy, proof that the K1 has been withdrawn. and getting a lawyer is for me is impractical, first its expensive, and i have been thru a k1 process and so far, the hardest thing is only the wait, but as long as you follow instructions, its easy. SETTLE the first k1 petition and make sure it is cancelled before filing again..worst comes to worst, get married. and also even the beneficiary can cancel the petition, like i did. thanks.

[myfellah 0]

I'm not sure about the procedure to follow to find out if his past application has been closed but I do know that if she was given a denial and did not follow up with it, they close the case.

Also, my husband, then fiance, did attempt to get a tourist visa in 9/03 to come and see me but it was denied as he did not have enough proof to satisfy them that he would return. This didn't in anyway harm our K-1. Our first K-1 was denied also because I didn't sufficiently prove the hardships in our petition. He made it through just fine when he had his interview on our second filing and now we have been married for over 14 months.

Good Luck!

Doreen