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davendale

Is this a potential problem?

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My fiance was engaged a couple years ago to a guy from the US. He filed for a K-1 and then backed out on her before the process was completed. Seems he had some serious financial issues and decided not to pursue the visa. I became engaged to her this past June and filed for the K-1 after returning home from a wonderful visit with her in the Philippines. My question is: will her ex-fiance's petition cause any problems with us being able to get approved for ours? Thank you for any thoughts or advice on this matter


IR5 TIMELINE (Petition for my mom)

8/4/2017: Priority date; Potomac Service Center

2/7/2018: Date of NOA2 (approved)

NVC PROCESSING

2/20/2018: documents received by NVC

3/29/2018: case number was assigned

4/3/2018: DS261 form (choice of agent & address) was submitted

4/4/2018: phoned NVC to verify choice of agent and address, paid AOS fee

4/6/2018: IV fee option became clickable and was able to submit payment

4/12/2018: DS260 form became available online

5/4/2018: sent the AOS & IV packages ( packages put in a 2 separate small envelopes and together placed it in one big envelope)

5/17/2018: Case complete

5/24/2018: received an email from NVC stating that the applicant is in the queue awaiting an interview appointment

5/29-30/2018: Passed the advanced medical at SLEC

5/31/2018: received P4 interview letter

6/21/2018: received an email from manila embassy that they received and reviewed my mom’s file, also indicated the documents required to bring to her interview

7/10/2018: Date of Interview; passed the interview but received 221g, need to submit additional NBI clearance with aka per marriage certificate.

applied for NBI clearance at NBI  main ( taft ave.)

registered for visa delivery address by calling (+703)5202235 EST, i chose MOA 2go for pick up 

7/13/2018: release of NBI clearance and sent to 2go robinsons manila

7/16-17/2018: AP status ( checked thru CEAC)

7/18/2018: at NVC

7/19/2018: AP

7/20/2018: Issued

7/24/2018: visa delivered to MOA 2go (didn’t wait for their text, i called them at +6329011401 instead)

7/25/2018: Visa on hand

7/27/2018: CFO seminar

7/30/2018: pay green card fee

8/7/2018: POE at DFW

8/24/2018: “card is being produced” status

9/1/2018: “card was mailed to me”  status

9/5/2018: GC received

 

 

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i don't believe it made it to the embassy.


IR5 TIMELINE (Petition for my mom)

8/4/2017: Priority date; Potomac Service Center

2/7/2018: Date of NOA2 (approved)

NVC PROCESSING

2/20/2018: documents received by NVC

3/29/2018: case number was assigned

4/3/2018: DS261 form (choice of agent & address) was submitted

4/4/2018: phoned NVC to verify choice of agent and address, paid AOS fee

4/6/2018: IV fee option became clickable and was able to submit payment

4/12/2018: DS260 form became available online

5/4/2018: sent the AOS & IV packages ( packages put in a 2 separate small envelopes and together placed it in one big envelope)

5/17/2018: Case complete

5/24/2018: received an email from NVC stating that the applicant is in the queue awaiting an interview appointment

5/29-30/2018: Passed the advanced medical at SLEC

5/31/2018: received P4 interview letter

6/21/2018: received an email from manila embassy that they received and reviewed my mom’s file, also indicated the documents required to bring to her interview

7/10/2018: Date of Interview; passed the interview but received 221g, need to submit additional NBI clearance with aka per marriage certificate.

applied for NBI clearance at NBI  main ( taft ave.)

registered for visa delivery address by calling (+703)5202235 EST, i chose MOA 2go for pick up 

7/13/2018: release of NBI clearance and sent to 2go robinsons manila

7/16-17/2018: AP status ( checked thru CEAC)

7/18/2018: at NVC

7/19/2018: AP

7/20/2018: Issued

7/24/2018: visa delivered to MOA 2go (didn’t wait for their text, i called them at +6329011401 instead)

7/25/2018: Visa on hand

7/27/2018: CFO seminar

7/30/2018: pay green card fee

8/7/2018: POE at DFW

8/24/2018: “card is being produced” status

9/1/2018: “card was mailed to me”  status

9/5/2018: GC received

 

 

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my fiance never received any correspondence from the embassy, so i dont believe it made it that far.


IR5 TIMELINE (Petition for my mom)

8/4/2017: Priority date; Potomac Service Center

2/7/2018: Date of NOA2 (approved)

NVC PROCESSING

2/20/2018: documents received by NVC

3/29/2018: case number was assigned

4/3/2018: DS261 form (choice of agent & address) was submitted

4/4/2018: phoned NVC to verify choice of agent and address, paid AOS fee

4/6/2018: IV fee option became clickable and was able to submit payment

4/12/2018: DS260 form became available online

5/4/2018: sent the AOS & IV packages ( packages put in a 2 separate small envelopes and together placed it in one big envelope)

5/17/2018: Case complete

5/24/2018: received an email from NVC stating that the applicant is in the queue awaiting an interview appointment

5/29-30/2018: Passed the advanced medical at SLEC

5/31/2018: received P4 interview letter

6/21/2018: received an email from manila embassy that they received and reviewed my mom’s file, also indicated the documents required to bring to her interview

7/10/2018: Date of Interview; passed the interview but received 221g, need to submit additional NBI clearance with aka per marriage certificate.

applied for NBI clearance at NBI  main ( taft ave.)

registered for visa delivery address by calling (+703)5202235 EST, i chose MOA 2go for pick up 

7/13/2018: release of NBI clearance and sent to 2go robinsons manila

7/16-17/2018: AP status ( checked thru CEAC)

7/18/2018: at NVC

7/19/2018: AP

7/20/2018: Issued

7/24/2018: visa delivered to MOA 2go (didn’t wait for their text, i called them at +6329011401 instead)

7/25/2018: Visa on hand

7/27/2018: CFO seminar

7/30/2018: pay green card fee

8/7/2018: POE at DFW

8/24/2018: “card is being produced” status

9/1/2018: “card was mailed to me”  status

9/5/2018: GC received

 

 

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dont plan to lie about anything, just trying to determine if this situation will conflict with our current process. Would i be safe to assume if she never received any correspondence from the embassy, that the earlier petition her previous fiance must have been cancelled or rejected at some point?


IR5 TIMELINE (Petition for my mom)

8/4/2017: Priority date; Potomac Service Center

2/7/2018: Date of NOA2 (approved)

NVC PROCESSING

2/20/2018: documents received by NVC

3/29/2018: case number was assigned

4/3/2018: DS261 form (choice of agent & address) was submitted

4/4/2018: phoned NVC to verify choice of agent and address, paid AOS fee

4/6/2018: IV fee option became clickable and was able to submit payment

4/12/2018: DS260 form became available online

5/4/2018: sent the AOS & IV packages ( packages put in a 2 separate small envelopes and together placed it in one big envelope)

5/17/2018: Case complete

5/24/2018: received an email from NVC stating that the applicant is in the queue awaiting an interview appointment

5/29-30/2018: Passed the advanced medical at SLEC

5/31/2018: received P4 interview letter

6/21/2018: received an email from manila embassy that they received and reviewed my mom’s file, also indicated the documents required to bring to her interview

7/10/2018: Date of Interview; passed the interview but received 221g, need to submit additional NBI clearance with aka per marriage certificate.

applied for NBI clearance at NBI  main ( taft ave.)

registered for visa delivery address by calling (+703)5202235 EST, i chose MOA 2go for pick up 

7/13/2018: release of NBI clearance and sent to 2go robinsons manila

7/16-17/2018: AP status ( checked thru CEAC)

7/18/2018: at NVC

7/19/2018: AP

7/20/2018: Issued

7/24/2018: visa delivered to MOA 2go (didn’t wait for their text, i called them at +6329011401 instead)

7/25/2018: Visa on hand

7/27/2018: CFO seminar

7/30/2018: pay green card fee

8/7/2018: POE at DFW

8/24/2018: “card is being produced” status

9/1/2018: “card was mailed to me”  status

9/5/2018: GC received

 

 

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I've read some threads on here of denials because the original petition was never cancelled properly.


April 30th 2011 Met in Las Vegas, NV at Paris Resort and Casino

June 4th 2012 Mailed I-129F from Salt Lake City, UT to Dallas, TX

June 6th 2012 Received in Dallas

June 11th 2012 Text/E-mail of NOA1

June 14th 2012 Received hardcopy of NOA1

August 16th 2012 Received text/e-mail of NOA2

August 27th 2012 NVC received petition

Sep 3rd 2012 Received Packet 3 from London Embassy

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Hi- I don't think it will be too much of a problem but it will most likely delay the process. My fiance had a similar situation- a previous girlfriend had filed a petition on his behalf but broke off the engagement before the process was finalized. He has no idea where in the process they were as he was never contacted by the embassy. In any case, the previous petition delayed our NOA2-- it took 6 months and in our interview they asked us a lot of questions. They will definitely question her intentions. But that being said, I think you will be fine. Just expect a possible longer than expected wait for approvals and make sure to have a lot of evidence supporting your relationship. Good luck!


N-400

06/18/2016 Mailed N-400 application

06/21/2016 NOA

07/22/2016 Biometrics

08/26/2016 In line for interview

10/24/2016 Interview (approved)

11/16/2016 Oath ceremony

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Hi- I don't think it will be too much of a problem but it will most likely delay the process. My fiance had a similar situation- a previous girlfriend had filed a petition on his behalf but broke off the engagement before the process was finalized. He has no idea where in the process they were as he was never contacted by the embassy. In any case, the previous petition delayed our NOA2-- it took 6 months and in our interview they asked us a lot of questions. They will definitely question her intentions. But that being said, I think you will be fine. Just expect a possible longer than expected wait for approvals and make sure to have a lot of evidence supporting your relationship. Good luck!

Sarah just covered all the angles. good.gif

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Might want to ask an attorney, I'm assuming her paperwork will ask if she filed for a visa before just like mine asked me here in the states. Not good to lie on that.

Filing the petition is not the same as filing for a visa. If she never paid a visa application fee and never went to the consulate, then she has not filed for a visa.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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In my personal experience, I had filed for my ex to come from Jamaica to the US back in Nov 2004, I answered that yes I had filed for someone before, I also provided a separate sheet with an explanation. So far we have been lucky and received our NOA2.

I think if you are honest with a written explanation you should be fine, however as they say on VJ, no case is ever looked at the same or by the same officer. Honesty pays off in the long run.

Good Luck on your journey


01/06/2012- Married My best friend

05/09/2012- Mailed I-130 via Fed Ex

5/10/2012- I-130 has been received & Signed for at the Chicago lockbox at 10:23 am

05/14/2012- Received NOA1 via Text Message

05/17/2012- Received NOA1 via Snail Mail(Postmarked 5/15/2012)

07/27/2012- 9:36 am Received NOA2 via text message (thought it was a dream)

07/30/2012- Started calling the NVC to see if case has been received

08/02/2012 -Called NVC- Rep told me that NVC Received Package 07/30/2012 (Still no case# assigned)

08/16/2012 -Called NVC- Information has been entered and received my case number (Yahooo)

08/24/2012- AOS Bill invoiced and paid

08/30/2012- Emailed the DS-3023

09/05/2012- Sent AOS (Affidavit of support) packet via Fed Ex (overnight)

09/06/2012- AOS Packet received

09/11/2012- Received email notification that the DS-3023 (Choice of Agent) has been accepted

09/13/2012- Received IV Bill

09/13/2012- Paid IV Bill

09/17/2012- IV marked as paid

09/17/2012- Sent IV Package (DS-230) via Fed Ex

09/18/2012- IV Package Received

09/18/2012- AOS Packet Accepted

09/25/2012- Called NVC and found out I have an RFE

09/26/2012- Received RFE via EMAIL

10/01/2012- Sent original divorce documentation (RFE) via Fed Ex overnight

10/15/2012- CASE COMPLETE (Yahoooooooooooo)

10/23/2012- Case complete email received..

11/02/2012- Called DOS and received interview date

11/05/2012- Received email with check list and appointment date

11/20/2012- Medical Completed

12/03/2012- Interview Scheduled

12/24/2012- Entered the USA and got to MN at 12:08 am on 12/25/2012 Merry X-Mas to us

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