Past petitions affecting recent ones

[AmyWrites 593]

If you filed a previous petition, but only got to the NOA2 stage, it's been over a year, and now you are filing for a different person, will this affect the current petition?

[MIBEN 83]

Not sure about a CR1 but I am sure the CO will scrutinize when you met the second person if you were previously involved in a relationship where you petitioned someone. On the K-1, you can only petition for a person twice in your lifetime. USCIS will send the person you petition a letter informing them that you have previously petitiioned someone else and when, they do this to protect the applicant. Did you cancel the previous petition and have you gotten confirmation from USCIS that it was cancelled. The cancellation process can take up to 5 months.

Good luck,

Edited April 19, 2012 by MIBEN

[RickJovi 81]

Not sure about a CR1 but I am sure the CO will scrutinize when you met the second person if you were previously involved in a relationship where you petitioned someone. On the K-1, you can only petition for a person twice in your lifetime. USCIS will send the person you petition a letter informing them that you have previously petitiioned someone else and when, they do this to protect the applicant. Did you cancel the previous petition and have you gotten confirmation from USCIS that it was cancelled. The cancellation process can take up to 5 months.

Good luck,

Where did you get your facts about the CO sending the beneficiary a letter if the petitioner is on their second K1? Please provide the link where you found this information.

[RickJovi 81]

Not sure about a CR1 but I am sure the CO will scrutinize when you met the second person if you were previously involved in a relationship where you petitioned someone. On the K-1, you can only petition for a person twice in your lifetime. USCIS will send the person you petition a letter informing them that you have previously petitiioned someone else and when, they do this to protect the applicant. Did you cancel the previous petition and have you gotten confirmation from USCIS that it was cancelled. The cancellation process can take up to 5 months.

Good luck,

I found what I needed. You are incorrect. Below is the link to IMBRA from the USCIS website. Look under "Mandatory Tracking". The USCIS officer will notify you once you file your second petition that you have been entered into a multiple visa petition tracking database. If you file a third petition within 10 years of the first, then they will inform both you and the beneficiary.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

[Neonred 3,444]

I found what I needed. You are incorrect. Below is the link to IMBRA from the USCIS website. Look under "Mandatory Tracking". The USCIS officer will notify you once you file your second petition that you have been entered into a multiple visa petition tracking database. If you file a third petition within 10 years of the first, then they will inform both you and the beneficiary.

http://www.uscis.gov...imbra072106.pdf

You may be correct about this, but the issue can and does often come up at the interview at the embassy and can make for a nasty surprise if the beneficiary has not been told about the previous petition.

[RickJovi 81]

You may be correct about this, but the issue can and does often come up at the interview at the embassy and can make for a nasty surprise if the beneficiary has not been told about the previous petition.

If you have a real relationship with your new fiancee the you should have already disclosed your entire life story to her, so you don't start your relationship on lies and she is ready for anything at the Embassy interview. My fiancee knows how many divorces I had and especially what happened with my last ex-wife who I petitioned, got approved, married me here in the U.S. And used and betrayed me. Honesty is the best policy and either she accepted me or she didn't. She accepted me and understood. That is why we have a strong relationship.

[AmyWrites 593]

I called USCIS and they told me I just need to write a letter to the embassy (I am going through DCF) explaining why my ex and I let the past petition expire. I'm filing for a marriage visa now. Of course my husband knows about my past relationship.

[RickJovi 81]

I called USCIS and they told me I just need to write a letter to the embassy (I am going through DCF) explaining why my ex and I let the past petition expire. I'm filing for a marriage visa now. Of course my husband knows about my past relationship.

Sounds like they want you to submit and IMBRA waiver based on limitations. If so I will try to locate the forma for the one I used. I believe it is structured proeprly.

[AmyWrites 593]

I thought this was only for K-1 visas? Now I want to file for a CR1 visa. Either way the forma would be great.

I think I'm okay though since according to the link posted here it doesn't apply for K-3 visas... so presumably marriage visas are okay?

Edited April 20, 2012 by AmyWrites

[AmyWrites 593]

Bumping to see if anyone has any experience with this.

I managed to find the case number and check the USCIS website. It says the case doesn't exist, so I assume it expired. I'll still write a letter to the embassy to cover my bases.