Want to drop Petition

[woodsman4cb 8]

In April I petitioned for a spouse visa. My spouse decided she didn't want to come. I sent a letter to the California USCIS to discontinue it, and drop my sponsorship. Five days later I received notification that the application for my spouse was approved. I called them a couple of times, and re-sent another letter saying I wanted to drop the petition. The last time on the phone with California, they told me to send my divorce decree and a letter to NVC. I did. They sent me a letter that I needed certain information to give them, before they could discuss it. I then emailed them with every bit of information that they requested. I received a letter today that the NVC has returned the petition to USCIS. It has preference category as Conditional Spouse of US Citizen. It says that I need to direct further inquiries to USCIS.

Do I need to write them again? Do they keep a file of my letters. The visa petition was approved in July of this year.

The reason why I am concerned is because I have since met someone else that I want to apply for a fiancee visa, and do not want the other petition to interfere. My divorce decree is going to be sent, as required, with the fiancee visa application.

Any help would be greatly appreciated.

[Cathi 5,610]

In April of this year you petitioned for your wife, now you are already divorced 5 months later and want to bring another person here? You need to make sure the other petition is 100% closed before you attempt another petition for a different person.

[woodsman4cb 8]

In April of this year you petitioned for your wife, now you are already divorced 5 months later and want to bring another person here? You need to make sure the other petition is 100% closed before you attempt another petition for a different person.

Thanks for the reply. What information are you refering to? I was told by one of the people that work for the USCIS that I talked to over the phone, while trying to drop my petition, that according to her information, that there is no law that keeps you from petitioning as many people as you want, as long as you were financially able to support them. All I can find for the Fiancee visa is that we both need to be able to marry, either divorced or single, and have met within the last two years?? Am I missing something? If I am suppose to make sure that it is 100% closed, what can I do? I have already called, mailed and emailed. Should I continue that?

I appreciate the info.

[Tim/Mav 305]

Yes, they keep all records to begin with. Being legally free to re-petition is a concern.

I can see their side. My wife don't want to come so I divorced her. Within 6 months you have a finacee. Now, thats a Kodak momment to USCIS.

Of course there going to look close into this. I mean: Be reasonable.. How long have you known this new bride-to-be. Why would a Wife refuse to enter all of a sudden?

Those 2 go together. USCIS will now think you petitioned for your wife and during the wait found another, so divorce her and immediately petition for a finacee.

I would think if your free to marry all is OK providing your legally free to marry but the K-1 will ask how you met and all the details to a point. That would mean: I was married and talking to another woman in the mean-time. Cancel a Spousal Visa and re-apply as a K-1 for a bride.

They are fair asking you questions and reply honestly. So, how did you meet this new woman? Before or after the Divorce? Thats why USCIS has taken an interest in your requests. They read through the lines just like members here. Good luck and be happy and be sure not to hurt others.

I think your into to much of a rush. but, it's your life and it does affect others in your life...

[woodsman4cb 8]

I know that it sounds terrible, and is easy to draw quick conclusions. I knew my fiancee last year, from talking to her on the internet. It was between her and the one I ended up marrying. The one I married said she wanted to come here to be with me in the USA. I married her on that promise. The day we married, I flew back to the USA, because of my work. She then started talking crazy, saying that she wanted to have her baby in her country, when she got pregnant, told me I was free to be with another woman if I wanted to, before she came. Then she started saying that she didn't want to come now, since her dad was bad health, her aunt had cancer and her mother needed her to help pay the rent, and her little sister also needed her. She then said that she would come here for a couple of months but wanted to go back and stay in Peru, that there were a lot of Americans that had Peruvian wives that lived in Peru. I told her that was not the marriage I wanted. We then decided on divorce. We weren't talking, and were seperated, by many miles... yes, I did start talking again to my old friend, who helped me figure out how to get out of my mess. Yes, I jumped in and married her too fast maybe. She made a complete turn around after we married. Yes, I made a mistake. My fiancee forgave me. After my divorce, I stayed with my fiancee for approximately a month, and we have many things in common, and got along great. I intend to visit her again soon. There will be 90 days that we will have to decide here too. I really think that this is the one, as crazy as I may sound. I have the messages in the computer messenger of where my ex-wife was talking crazy, and told me that she didn't want to come. I don't think that you can love someone, and not care if they "go" with another, just because you are in another country.

I would think that they would be looking more at the facts of if I had a petitioned fiancee, that overstayed the 90 days or did something illegal?

I received this status update today. Could someone please help me figure out what it means? :On September 28, 2012, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you

Thanks for the help, and concerns

[woodsman4cb 8]

I am thinking I need to get a intenational visa consultant. I called and visited with one for 30 minutes, and found out ton's of information. The fact that I had a "quick turn around" is not a red flag. It would have been a red flag if it was the person from the other country, since they would obviously be wanting to come here, and would be their main concern. He explained that the ruturned petition was excellent, that I had done what I needed to do in ending the petition. Since they returned it from NVC to USCIS, it showed that they were removing it since it is conditional of a spouse of a US citizen.

The price they charge for a consultant service, to have the interview go smoothly with their advice and preparation, is worth it to me. There are many unwritten rules to the official regulations that one will not find in government instructions. I didn't have to have a lawyer for my divorce, but wanted it to be done correctly, why would I not want my fiancee to be done correctly too? If I didn't have any complications, I'm sure I could handle it myself, but thanks to this site, it has showed me that I could have problems, if not presented correctly.

[Cathi 5,610]

Thanks for the reply. What information are you refering to? I was told by one of the people that work for the USCIS that I talked to over the phone, while trying to drop my petition, that according to her information, that there is no law that keeps you from petitioning as many people as you want, as long as you were financially able to support them. All I can find for the Fiancee visa is that we both need to be able to marry, either divorced or single, and have met within the last two years?? Am I missing something? If I am suppose to make sure that it is 100% closed, what can I do? I have already called, mailed and emailed. Should I continue that?

I appreciate the info.

you can petition as many as you want at the same time. But do you really think they are going to approve a fiance visa while you still have an open petition for your wife? Use common sense

[woodsman4cb 8]

you can petition as many as you want at the same time. But do you really think they are going to approve a fiance visa while you still have an open petition for your wife? Use common sense

I agree that the Marriage petition needs to be closed, before petitioning a wife or fiancee. What I was referring to was that I once read that a person can petition as many foreingners as you can justify to financially cover. Most likely they were talking about a spouses family (children)? I don't remember the details...and it doesn't really matter. I'm only here to figure out what I need to do to make everything right, for me, not to argue over the laws, or to criticize others of my opinion of their ethics.

Update. I received a text message friday that my ex-spouse petition, that had been approved, was returned to the california application center. I am interpreting that it is now clear for me to petition for a fiancee visa. I had mailed the divorce decree, asking for my petition to be withdrew.

I thank people for their help.

[Moomin 292]

I agree that the Marriage petition needs to be closed, before petitioning a wife or fiancee. What I was referring to was that I once read that a person can petition as many foreingners as you can justify to financially cover. Most likely they were talking about a spouses family (children)? I don't remember the details...and it doesn't really matter. I'm only here to figure out what I need to do to make everything right, for me, not to argue over the laws, or to criticize others of my opinion of their ethics.

Update. I received a text message friday that my ex-spouse petition, that had been approved, was returned to the california application center. I am interpreting that it is now clear for me to petition for a fiancee visa. I had mailed the divorce decree, asking for my petition to be withdrew.

I thank people for their help.

Call and ask about the status of your case. It won't help speculating.

When it's returned, it sometimes takes months before receiving a final decision. Being returned is not always a synonym for closed/denied/withdrawn. If I were you, I'd give them a call, get a tier 2 or ISO on the phone and inquire about a decision on the case.

A side note; you may petition family members as long as you're eligible, which is what is all boils down to when petitioning. However, petitioning and sponsoring are two different things at two different stages, indeed.