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Posted

Hi all,

I have a K1 petition on my behalf pending with USCIS. However, for several factors, the relationship didnt work, so I give up with my fiance and the whole process. Today a friend of mine called me and told me about a job offer to work in USA under H2B visa. My concern is, should I accept it?? I mean, I dont sure if with a pending case I will success with this new application. Thanks in advance for your responses.

Ps. I dont know anything about my fiance and I dont know what happen with the process. I dont have any communication at all with him :(

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Hi all,

I have a K1 petition on my behalf pending with USCIS. However, for several factors, the relationship didnt work, so I give up with my fiance and the whole process. Today a friend of mine called me and told me about a job offer to work in USA under H2B visa. My concern is, should I accept it?? I mean, I dont sure if with a pending case I will success with this new application. Thanks in advance for your responses.

Ps. I dont know anything about my fiance and I dont know what happen with the process. I dont have any communication at all with him :(

Watch me get in trouble again.. But I'm alittle Confused. You said a "Pending" Application for a K-1 ? Does not that have to Canceled/Terminated ?

Your Timeline indicates No NOA1 but yet you stated: You Filed and have not Canceled as of yet.

I might be wrong . I'm not sure if the Beneficiary can Cancel the Petition as well.

Advice from other Members would help. Something just don't sound Correct if you have a Pending Petition and made no mention of Canceling it and wish to get a Work Visa instead.

This is Only a Reply and I'm unsure myself.

Good Luck.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Filed: K-1 Visa Country: Wales
Timeline
Posted

I would discuss this with the Immigration Lawyer handling the case for your friend first. How realistic is it that you could get a Visa?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Watch me get in trouble again.. But I'm alittle Confused. You said a "Pending" Application for a K-1 ? Does not that have to Canceled/Terminated ?

Your Timeline indicates No NOA1 but yet you stated: You Filed and have not Canceled as of yet.

I might be wrong . I'm not sure if the Beneficiary can Cancel the Petition as well.

Advice from other Members would help. Something just don't sound Correct if you have a Pending Petition and made no mention of Canceling it and wish to get a Work Visa instead.

This is Only a Reply and I'm unsure myself.

Good Luck.

I cannot cancel the K1 petition because I'm the beneficiary, no the petitioner. My NOA1 is from October 26 but as I dont have any way to communicate with my exfiance, I dont know if it was approved or not and the only way I know I can send any communication refusing the K1 is when the case is in the consulate here in my country.

Posted

Hi all,

I have a K1 petition on my behalf pending with USCIS. However, for several factors, the relationship didnt work, so I give up with my fiance and the whole process. Today a friend of mine called me and told me about a job offer to work in USA under H2B visa. My concern is, should I accept it?? I mean, I dont sure if with a pending case I will success with this new application. Thanks in advance for your responses.

Ps. I dont know anything about my fiance and I dont know what happen with the process. I dont have any communication at all with him :(

If you decide to follow through with the H2B Visa just read and make yourself familiar with the process. When you get to the interview stage, just be very honest about your previous K1 petition.

UCSIS

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d1d333e559274210VgnVCM100000082ca60aRCRD&vgnextchannel=d1d333e559274210VgnVCM100000082ca60aRCRD

U.S. Embassy in Santo Domingo

http://santodomingo.usembassy.gov/how-to-apply.html

K1 Visa Process -> 12/09-06/10 Married -> 09/10/10 AOS Process -> 09/10-12/10 Removal of Conditions-> 09/12-07/13

U.S. Naturalization -> 7/8/20

***What To Do After NOA2 (The Dominican Way) Wiki Page:

https://www.visajourney.com/wiki/dominican_republic_after_receiving_the_noa2/***

 

 

Filed: AOS (apr) Country: Philippines
Timeline
Posted

K1 indicates intent to immigrate. H2 does not allow such intent. your history of failed K1 will weigh heavily against you in H2 considerations at a counsel in a high fraud country. you're done. toast. finis. forget it.

Oh how Cruel.. But, it is the truth how USCIS will look at it.

Pending a K-1 and not Cancelled. Then attempt a Employment Visa shortly after.

I would say try to get ahold of your Finace' (past) and ask the the USC to Cancel the petition ASAP since it has not been that long ago.

To USCIS: They have a record of this anyway and will be a hard thing later even if if the Original 129-F is canceled.

Sorry about the breck-up. But it screwed you over for Life!

Talk to an Attouney.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Filed: AOS (apr) Country: Philippines
Timeline
Posted

No that does not work, if your k1 is pending you are pretty much stuck.

How old is your K1, you will have to let it run out.

You might want to consult a good immigration lawyer if there is another way.

The K-1 Petition Does Not run out. It is there. A matter of Record to USCIS.

Even if it does Exspire it is a matter of record and in the Files of Homeland Security.

They are 2 Separate Entities and both Agencies have records. USCIS/Homeland Security The USC is the only one that can Cancel the K-1 to my thought.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

The K-1 Petition Does Not run out. It is there. A matter of Record to USCIS.

Even if it does Exspire it is a matter of record and in the Files of Homeland Security.

They are 2 Separate Entities and both Agencies have records. USCIS/Homeland Security The USC is the only one that can Cancel the K-1 to my thought.

I could be wrong but I was under impression that after certain period of inactivity, when USCIS/NVC is asking for documents and they are not submitted they close the petition.

In such case the petitioner has to re-file and pay all the fees all over again.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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